HomeMy WebLinkAbout2013-08-21; Planning Commission; Resolution 7007
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANNED
DEVELOPMENT PERMIT PUD 13-03 TO ALLOW FOR THE
DEVELOPMENT OF A PRIVATE STREET IN A PROPOSED
ELEVEN (11) SINGLE-FAMILY RESIDENTIAL LOT
SUBDIVISION ON PROPERTY GENERALLY LOCATED ON
THE SOUTHWEST CORNER OF THE INTERSECTION OF
BUENA VISTA WAY AND VALLEY STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: BUENA VISTA 11
CASE NO.: PUD 13-03
WHEREAS, Kraemer Land Company, Inc., “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Constantino Medina, JR.,
Trustee, “owner”, described as
That Portion of Tract 121 of Carlsbad Lands, in the City of
Carlsbad, County of San Diego, State of California, According
to Map Thereof No. 1661, filed in the Office of the County
Recorder of San Diego County, March 1, 1915
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned
Development Permit as shown on Exhibits “A” – “K” dated August 21, 2013, on file in the
Planning Division, BUENA VISTA 11 – PUD 13-03, as provided by Chapter 21.45/21.47 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on August 21, 2013, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Planned Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
PLANNING COMMISSION RESOLUTION NO. 7007
PC RESO NO. 7007 -2-
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES BUENA VISTA 11 – PUD 13-03, based on the following findings
and subject to the following conditions:
Findings:
1. The proposed project is consistent with the general plan, and complies with all applicable
provisions of Chapter 21.45, and all other applicable provisions of the Carlsbad
Municipal Code, in that the Planned Development Permit is required to approve a
private internal street (Street “A”). As discussed in the staff report, the private
street is consistent with the development and design standards applicable to the
property as contained in Chapter 21.45 of the Carlsbad Municipal Code.
2. The proposed project will not be detrimental to existing uses, or to uses specifically
permitted in the area in which the proposed use is to be located, and will not adversely
impact the site, surroundings, or traffic, in that no standards variances are proposed or
required for the proposed private street, and no negative circulation impacts will result as the existing roadways are adequate to accommodate the traffic generated
by this project.
3. The project will not adversely affect the public health, safety, or general welfare, in that
the proposed private street has been designed to comply with all applicable
development standards to ensure compatibility with surrounding residential uses.
Private street “A” provides adequate circulation to serve the project and provide a circulation system that promotes safety and livability of residential neighborhoods
while maintaining adequate emergency access. The circulation system has been
designed in conformance with all Land Development Engineering Division and Fire
Department design standards to ensure safety for the residents in the neighborhood
while maintaining adequate access for emergency service providers and prompt
evacuation capabilities for residents.
Conditions:
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed subdivision, must be met prior to approval of a final map,
building, or grading permit, whichever occurs first.
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
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
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
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.
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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
them internally consistent and in conformity with the final action on the project.
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
regulations in effect at the time of building permit issuance.
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
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
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
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
(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 electromagnetic fields or other energy waves or emissions.
6. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
7. This approval is granted subject to the approval of CT 13-01 and is subject to all
conditions contained in Planning Commission Resolution No. 7006 for this other
approval incorporated herein by reference.
8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
9. Prior to the approval of the final map for CT 13-01, Developer shall submit to the City a
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
City Planner, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Planned Development Permit by Resolution No. 7007 on the
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property. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The City
Planner 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 or
successor in interest.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the
Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
NOTICE
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.”
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
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.
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PASS ED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on August 21, 2013, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners Anderson, Black,
L'Heureux, Schumacher, Scully, and Segall
KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
City Planner
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