HomeMy WebLinkAbout2008-08-20; Planning Commission; Resolution 64411 PLANNING COMMISSION RESOLUTION NO. 6441
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO
YEAR EXTENSION OF A PLANNED DEVELOPMENT
4 PERMIT PUD 02-02 TO SUBDIVIDE 21.9 ACRES INTO 5
5 SINGLE FAMILY RESIDENTIAL LOTS, ONE OPEN SPACE
LOT, AND ONE PRIVATE STREET LOT ON PROPERTY
6 GENERALLY LOCATED NORTH OF FARADAY AVENUE
AT THE SOUTHERN TERMINUS OF TWAIN AVENUE IN
7 LOCAL FACILITIES MANAGEMENT ZONE 8 AND THE
MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM.
8 CASE NAME: KIRGIS SUBDIVISION
9 CASE NO.: PUD 02-02X2
10 WHEREAS, Brian and Gayl Hynek, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
12 All that portion of Lot "F" of Rancho Agua Hedionda, in the
13 County of San Diego, State of California, as shown on Partition
Map thereof No. 823, filed in the Office of the County
14 Recorder of San Diego County, on November 16,1896
15 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Planned
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Development Permit extension as shown on Exhibits "A" - "D" dated September 3, 2003, on18
19 file in the Carlsbad Planning Department, KIRGIS TENTATIVE MAP - PUD 02-02x2, as
20 provided by Chapter 21.45 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did on the 3rd day of September 2003,
22 on the 17th day of September 2003, and on the 5th day of November 2003 consider PUD 02-
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02; and
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WHEREAS, on March 2, 2004, the City Council approved, PUD 02-02, as
Z*^
26 described and conditioned in City Council Resolution No. 2004-074; and
27 WHEREAS, the Planning Commission did on the 3rd day of January 2007
28 consider PUD 02-02x1; and
1 WHEREAS, the Planning Commission did, on August 20, 2008, hold a duly
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noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony4
<- and arguments, if any, of persons desiring to be heard, said Commission considered all factors
6 relating to the Planned Development Permit extension.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
8 Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
11 APPROVES KIRGIS SUBDIVISION - PUD 02-02x2, based on the following
12 findings and subject to the following conditions:
13 Findings:
14 1. That the granting of this permit will not adversely affect and will be consistent with the
Municipal Code, the General Plan, applicable specific plans, master plans, and all
adopted plans of the City and other governmental agencies, in that the project is
I /- consistent with the Residential Low density (RL) General Plan designation as it has
a density of less than one dwelling per acre; the project complies with the
17 development standards and design criteria of the Zoning Ordinance for detached
single family homes.
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19 2. That the proposed use at the particular location is necessary and desirable to provide a
service or facility which will contribute to the long-term general well-being of the
20 neighborhood and the community, in that the project site is designated for single-
family units in the General Plan and provides for a diversity of housing types within
21 the City.
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3. That such use will not be detrimental to the health, safety, or general welfare of persons
23 residing or working in the vicinity, or injurious to property or improvements in the
~ . vicinity, in that the project design conforms to all design and development standards
applicable to the property and public improvements will be provided prior to, or
25 concurrent with, the development of the project to meet all City standards.
^) f\4. That the proposed Planned Development meets all of the minimum development
27 standards set forth in Chapter 21.45.090, the design criteria set forth in Section 21.45.080,
and has been designed in accordance with the concepts contained in the Design
28 Guidelines Manual, in that the project provides the required recreation area for each
lot; guest parking can be accommodated on each lot throughout the project, traffic
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calming and livable street features are proposed, and the street design does not
2 dominate the project.
oJ 5. That the proposed project is designed to be sensitive to and blend in with the natural
4 topography of the site, and maintains and enhances significant natural resources on the
site, in that the development is confined to 25% of the gross lot area conforming to
5 the draft Carlsbad habitat management plan standards area criteria.
6. That the proposed project's design and density of the developed portion of the site is
7 compatible with surrounding development and does not create a disharmonious or
disruptive element to the neighborhood, in that the proposed single family residential
8 product type and density are consistent with the General Plan's single family
residential land use to the north.9
10 7. That the project's circulation system is designed to be efficient and well integrated with
the project and does not dominate the project.
12 8. That the applicant has been pursuing those acts required to obtain a final map for
CT 02-06 including identifying and acquiring mitigation land and preparing
13 improvement plans and bonds.
14 9. That a two-year extension is appropriate in that the applicant has expended funds
15 for the identification and acquisition of mitigation land in the City of Carlsbad
which is increasingly more difficult as well as for the preparation of improvement
16 plans; the development of the site with 5 custom homes will also include the
preservation of 16.5 acres of open space which will benefit the City's Open Space
preserve system; and the extension would allow the owner/applicant to preserve
I g existing property entitlements while satisfying the conditions for a 7 lot subdivision
(GPA 03-01, ZC 03-01, LCPA 03-01, CT 02-06, PUD 02-02, CDP 02-05 and HDP 04-
19 01).
20 10. The Planning Director has determined that:
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a. the project is a project for which a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, Kirgis Subdivision, PUD 02-
23 02, dated March 2, 2004, (City Council Resolution No. 2004-067) was
previously adopted [ 15162];
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b. this project is consistent with the project sited above;
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c. a Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program was adopted in connection with the prior project or plan;
27 d. the project has no new significant environmental effect not analyzed as significant
28 in the prior Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program; and
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e. none of the circumstances requiring a Subsequent Mitigated Negative
2 Declaration under CEQA Guidelines Section 15162 exists.
3 11. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
4 to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
5 Conditions:
7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
recordation or issuance of a grading permit, whichever occurs first.8
g 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
10 implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
11 future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
13 conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Planned Unit Development.
14 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
15 and modifications to the Planned Unit Development documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
16 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
18 regulations in effect at the time of building permit issuance.
19 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
20 challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
22 all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
24 representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
25 or indirectly, from (a) City's approval and issuance of this Planned Unit Development,
(b) City's approval or issuance of any permit or action, whether discretionary or non-
26 discretionary, in connection with the use contemplated herein, and (c)
„_ Developer/Operator's installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
28 electromagnetic fields or other energy waves or emissions.
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6. Prior to issuance of a grading permit, the applicant shall obtain approval from the
2 Planning Director of the design and location for all perimeter fencing, gates,
decorative hardscape, and landscape.
3 7. Prior to the issuance of a building permit for any and/or each individual residential
4 lot, the applicant shall obtain approval of a Minor Planned Unit Development
Amendment, consistent with the procedures and requirements of Chapter 21.45
5 (Planned Development Ordinance), for building locations, elevations, and
floorplans.
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8. In addition to all applicable City of Carlsbad development standards, all structures
7 on lots 1, 2, and 3 are limited to development as single story. Single story is defined
as a maximum plate-line height of 15 feet and a maximum building height to the
roof ridge of 23 feet. All structures on lots 4 and 5 are limited to a maximum height
Q to the roof ridge of 30 feet and no more than two stories as defined in the City of
Carlsbad Municipal Code Section 21.04.330.
10 9. Prior to recordation of the final map CT 02-06, Developer shall submit to the City a
, I Notice of Restriction executed by the owner of the real property to be developed. Said
notice is to be filed in the office of the County Recorder, subject to the satisfaction of the
12 Planning Director, notifying all interested parties and successors in interest that the City
of Carlsbad has issued a(n) Planned Development Permit by Resolution(s) No. 6441 on
13 the property. Said Notice of Restriction shall note the property description, location of
. the file containing complete project details and all conditions of approval including the
restriction that all structures on lots 1, 2, and 3 are limited to development as single
15 story. Single story is defined as a maximum plate-line height of 15 feet and a
maximum building height to the roof ridge of 23 feet. All structures on lots 4 and 5
16 are limited to a maximum height to the roof ridge of 30 feet and no more than two
stories as defined in the City of Carlsbad Municipal Code Section 21.04.330, as well
as any conditions or restrictions specified for inclusion in the Notice of Restriction. The
10 Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
19 or successor in interest.
20 10. This approval is granted subject to the approval of CT 02-06x2 and HDP 02-01x2 and is
subject to all conditions contained in Planning Commission Resolutions No. 6440 and
21 6442 for those other approvals.
22 11- Approval of PUD 02-02x2 by this Planning Commission Resolution No. 6441
supersedes City Council Resolution No. 2004-070 dated March 2, 2004 and Planning
23 Commission Resolution No. 6233 dated January 3, 2007.
24 12. This approval shall become null and void upon the expiration of Tentative Map CT
02-06x2.
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26 NOTICE
27 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
28 "fees/exactions."
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