The URL can be used to link to this page

Home My WebLink About2008-10-15; Planning Commission; Resolution 64921 PLANNING COMMISSION RESOLUTION NO. 6492 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANNED DEVELOPMENT PERMIT PUD 07-02 TO SUBDIVIDE 3.65 4 ACRES INTO 16 RESIDENTIAL LOTS AND 3 HOA LOTS 5 AND TO APPROVE THE PLOTTING FOR 16 PROPOSED RESIDENCES ON PROPERTY GENERALLY LOCATED 6 WITHIN PLANNING AREA 14 OF THE EAST VILLAGE OF THE ROBERTSON RANCH MASTER PLAN LOCATED 7 NORTHWEST OF THE INTERSECTION OF FUTURE WIND TRAIL WAY AND FUTURE GLEN AVENUE IN LOCAL 8 FACILITIES MANAGEMENT ZONE 14. 9 CASE NAME: ROBERTSON RANCH PA 14 CASE NO.: PUD 07-02 10 WHEREAS, Brookfield Tamarack, LLC, "Developer," has filed a verified i j application with the City of Carlsbad regarding property owned by Calavera Hills II, LLC, 13 "Owner," described as 14 Lot 4 of Carlsbad Tract No. 02-16, Robertson Ranch East Village, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 15608, filed in the office of the 15 County Recorder of San Diego County on September 18, 2007 17 ("the Property"); and 1 R WHEREAS, said verified application constitutes a request for a Planned 19 Development Permit as shown on Exhibits "A" - "K" dated October 15, 2008, on file in the 20 Planning Department, ROBERTSON RANCH PA 14 - PUD 07-02, as provided by Chapter 21 21.45/21.47 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on October 15, 2008, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 27 relating to the Planned Development Permit. 28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 c B) That based on the evidence presented at the public hearing, the Commission APPROVES ROBERTSON RANCH PA 14 - PUD 07-02, based on the 6 following findings and subject to the following conditions: 7 Findings: o 1. That the proposed project complies with all applicable development standards included 9 within this chapter, in that the project complies with the unique Development Standards and Special Design Criteria of the Robertson Ranch Master Plan. The 10 Master Plan provides that the Planned Development Ordinance standards (CMC Chapter 21.45) and RD-M development standards shall be used unless otherwise modified by the Master Plan. The project design conforms to all applicable design 12 and development standards including Chapter 21.45 Table C and Table D, and City Council Policies 44 and 66. 13 2. That the proposed project's density, site design, and architecture are compatible with 14 surrounding development, in that the development of 16 small-lot single-family residential units is within the 17 dwelling unit (du) allowance for Planning Area (PA) 14. The proposed development for PA 14 will utilize the architectural plans jg approved for PA 16 (PUD 06-12(A)) which was found to be compatible with adjacent existing and planned land uses including multi-family apartments, small- 17 lot single family residential development, and open space. These future surrounding uses are compatible in character and density with the proposed development. 18 3. All findings of Planning Commission Resolution No. 6491 for CT 07-03 are incorporated herein by reference. 20 Conditions: 21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 22 a Final Map or issuance of a grading permit, whichever occurs first. 23 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 24 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 25 revoke or modify all approvals herein granted; deny or further condition issuance of all 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 27 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 28 or a successor in interest by the City's approval of this Planned Development Permit. PC RESO NO. 6492 -2- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 and modifications to the Planned Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. 3 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4 t- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are 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 9 unless the City Council determines that the project without the condition complies with all requirements of law. 10 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold * 1 harmless the City of Carlsbad, its Council members, officers, employees, agents, and 12 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, 13 directly or indirectly, from (a) City's approval and issuance of this Planned Development Permit, (b) City's approval or issuance of any permit or action, whether 14 discretionary or nondiscretionary, 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 15 facility of electromagnetic fields or other energy waves or emissions. 17 6. PA 14 shall be developed with the architectural plans approved for PA 16 as shown on plans for PUD 06-12(A). 18 7. The front yard landscaping for PA 14 shall utilize the same landscape concepts as approved for PA 16 as shown on plans for PUD 06-12(A). 20 8. PA 14 shall be incorporated into the HOA for PA 16. 21 9. This approval is granted subject to the approval of GPA 08-01, MP 02-03(A), and CT 22 07-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6489, 6490, and 6491 for those other approvals incorporated herein by reference. 23 24 NOTICE 25 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 "fees/exactions." 27 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 28 you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for PC RESO NO. 6492 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on October 15, 2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery, and Chairperson Whitton ABSENT: Commissioner Douglas ABSTAIN: <RANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6492 -4-