HomeMy WebLinkAbout2008-11-05; Planning Commission; Resolution 65031 PLANNING COMMISSION RESOLUTION NO. 6503
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
PLANNED DEVELOPMENT PERMIT FOR TEN (10) SINGLE-
4 FAMILY RESIDENTIAL LOTS, ONE (1) PRIVATE STREET
5 LOT, AND THE CONSTRUCTION OF TEN (10) SINGLE-
FAMILY RESIDENCES AND TWO (2) SECOND DWELLING
6 UNITS OVER A PORTION OF A 5.05 ACRE SITE
INDENTIFIED AS LOTS 1-10 AND 13 OF CT 05-18 ON
7 PROPERTY GENERALLY LOCATED ON THE NORTHEAST
CORNER OF BLACK RAIL ROAD AND AVENA COURT
EAST IN LOCAL FACILITIES MANAGEMENT ZONE 20.
9 CASE NAME: SEASCAPE
CASE NO.: PUD 05-14
10
WHEREAS, Rajeev Bhatia, "Developer," has filed a verified application with
the City of Carlsbad regarding property owned by Ron Vandermooren and Rajeev Bhatia,
13 "Owner," described as:
14 Parcel IB:
The Southwest Quarter of the Southwest Quarter of the
16 Northwest Quarter of the Northeast Quarter of Section 27,
Township 12 South, Range 4 West, San Bernadino Base and
17 Meridian, in the City of Carlsbad, County of San Diego, State
of California, according to the official plat thereof; and18
19 Par eel 2B:
20 The Southeast Quarter of the Southwest Quarter of the
Northwest Quarter of the Northeast Quarter of Section 27,
Township 12 South, Range 4 West, San Bernadino Base and
Meridian, in the City of Carlsbad, County of San Diego, State
of California, according to the official plat thereof; and
23
Parcel 3B:
24
An easement for road and public utility purposes over, under,
upon and across the westerly 30 feet of the south half of the
26 Northwest Quarter of the Northwest Quarter of the Northeast
Quarter of Section 27, Township 12 South, Range 4 West, San
27 Bernadino Base and Meridian, in the City of Carlsbad, County
of San Diego, State of California, according to the official plat
thereof; and
1 Parcel 4B:
2
An easement for road and public utility purposes over, under,
3 along and across the westerly 30 feet of the Northwest Quarter
of the Southwest Quarter of the Northwest Quarter of Section
4 27, Township 12 South, Range 4 West, San Bernadino Base
r and Meridian, in the City of Carlsbad, County of San Diego,
State of California, according to the official plat thereof
6
("the Property"); and
7
WHEREAS, said verified application constitutes a request for a Planned8
9 Development Permit as shown on Exhibits "A" - "BB" dated November 5, 2008, on file in the
10 Planning Department, SEASCAPE - PUD 05-14, as provided by Chapter 21.45 of the Carlsbad
Municipal Code; and
12 WHEREAS, the Planning Commission did, on November 5, 2008, hold a duly
13
noticed public hearing as prescribed by law to consider said request; and
14
WHEREAS, at said public hearing, upon hearing and considering all testimony
16 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
17 relating to the Planned Development Permit.
18 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
19 Commission of the City of Carlsbad as follows:
20
A) That the foregoing recitations are true and correct.
21
B) That based on the evidence presented at the public hearing, the Commission
APPROVES SEASCAPE - PUD 05-14, based on the following findings and
23 subject to the following conditions:
24 Findings:
25 1. That the proposed project complies with all applicable development standards included
,.,, within this chapter, in that the proposed project as described in Attachments 15-18 of
the project staff report is consistent with Chapter 21.45 of the Carlsbad Municipal
27 Code.
28 2. That the proposed project's density, site design, and architecture are compatible with
surrounding development, in that the site is surrounded by single-family residential
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uses and detached single-family condominiums of similar densities, site design, and
2 architectural styles.
3 3. The Planning Commission of the City of Carlsbad does hereby find:
4 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for SEASCAPE - GPA 05-
5 11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP
06-02/HMP 07-09, the environmental impacts therein identified for this project
and said comments thereon, and the Program, on file in the Planning Department,
7 prior to RECOMMENDING ADOPTION of the project; and
Q
b. the Mitigated Negative Declaration and the Program have been prepared in
accordance with requirements of the California Environmental Quality Act, the
State Guidelines and the Environmental Protection Procedures of the City of
10 Carlsbad; and
c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
13 d. based on the EIA Part II and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on
14 the environment.
The Planning Commission has reviewed each of the exactions imposed on the Developer
1 , contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
1 7 degree of the exaction is in rough proportionality to the impact caused by the project.
18 Conditions:
19 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the
20 recordation of the final map or issuance of a grading permit, whichever occurs first.
21 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
22 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
future building permits; deny, revoke, or further condition all certificates of occupancy
24 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
25 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 Development Permit.26
27 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Development Permit documents, as necessary to make
28 them internally consistent and in conformity with the final action on the project.
PC RESO NO. 6503 -3-
Development shall occur substantially as shown on the approved Exhibits. Any proposed
2 development, different from this approval, shall require an amendment to this approval.
3 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.4
<- 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
6 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
7 unless the City Council determines that the project without the condition complies with
all requirements of law.8
9 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
10 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 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
discretionary or nondiscretionary, in connection with the use contemplated herein, and
13 (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
14 facility of electromagnetic fields or other energy waves or emissions.
6. Developer shall submit to the Planning Director a reproducible 24" x 36," mylar copy of
\ 5 the Site Plan reflecting the conditions approved by the final decision-making body.
17 7. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 05-11, ZC 05-10, LCPA
18 05-06, CT 05-18, SDP 05-12, CDP 05-37, HDP 06-02, and BMP 07-09 and is subject
19 to all conditions contained in Planning Commission Resolutions No. 6498, 6499, 6500,
6501, 6502, 6504, 6505, 6506, 6507 for those other approvals incorporated herein by
20 reference.
8. This approval shall become null and void if building permits are not issued for this
22 project within two (2) years of Coastal Commission approval of LCPA 05-06.
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1 NOTICE
2
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
4 "fees/exactions."
5 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
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
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
8 annul their imposition.
9 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
12 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on November 5, 2008, by the following
15 vote, to wit:
16
AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery,
and Chairperson Whitton
18 NOES:
19
ABSENT: Commissioner Douglas
20
ABSTAIN:
22
23
H. WHITTON, Chairperson
24 ' CARLSBAD PLANNING COMMISSION
25 ATTEST:
26
27
28 DON NEU
Planning Director
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