HomeMy WebLinkAbout2010-04-07; Planning Commission; Resolution 66871 PLANNING COMMISSION RESOLUTION NO. 6687
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDOMINIUM PERMIT CP 06-19 FOR TWO (2)
4 RESIDENTIAL LOTS, TWO (2) OPEN SPACE LOTS, AND
5 ONE (1) PRIVATE STREET LOT, AND THE CONSTRUCTION
OF 37 DETACHED AIR-SPACE CONDOMINIUM ONE
6 FAMILY RESIDENCES OVER A PORTION (LOT 1) OF A
20.27 ACRE SITE IDENTIFIED AS LOTS 1 & 5 OF CT 06-27
7 ON PROPERTY GENERALLY LOCATED NORTH OF
AVIARA PARKWAY, SOUTH OF CORTE ORCHIDIA, EAST
OF TOWHEE LANE, AND WEST OF BLACK RAIL ROAD IN
9 LOCAL FACILITIES MANAGEMENT ZONE 20
CASE NAME: MUROYA SUBDIVSION
10 CASE NO.: CP 06-19
11 WHEREAS, Taylor Morrison of CA, LLC, "Developer," has filed a verified
12 application with the City of Carlsbad regarding property owned by Muroya Family Trust,
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"Owner," described as
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,, The East One-Half of the Northeast Quarter of the Northwest
Quarter, Section 27, Township 12 South, Range 4 West, San
16 Bernardino Base and Meridian, in the City of Carlsbad,
County of San Diego, State of California, According to United
17 States Government Survey
18 ("the Property"); and
19 WHEREAS, said verified application constitutes a request for a Condominium
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Permit as shown on Exhibits "A" - "VV" dated April 7, 2010, on file in the Planning
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22 Department, MUROYA SUBDIVISION - CP 06-19, as provided by Chapter 21.45/21.47 of the
23 Carlsbad Municipal Code; and
24 WHEREAS, the Planning Commission did, on April 7, 2010, hold a duly noticed
25 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 testimony
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and arguments, if any, of persons desiring to be heard, said Commission considered all factors28
relating to the Condominium Permit
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 MUROYA SUBDIVISION - CP 06-19, based on the following
6 findings and subject to the following conditions:
7 Findings:
o 1. The proposed project is consistent with the general plan, and complies with all applicable
9 provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal
Code, in that the proposed change in General Plan Land Use designation from
10 Residential Low-Medium Density (RLM, 0-4 du/ac) to Residential Medium (RM, 4-
8 du/ac) for Lots 1 & 5 and to Open Space (OS) for Lots 3 and 4 of CT 06-27 is
based on the environmental constraints of the property and that the HMP requires
12 clustering development on the disturbed area to the maximum extent feasible for
this site; and is environmentally appropriate for the site in that the habitat areas on
13 Lot 4 will be included in an open space habitat preserve area which the Habitat
Management Plan requires high-priority resource areas to be designated as Open
*4 Space at the time of development. The project's proposed density of 5.29 du/ac is
1 <_ consistent with the Residential Medium Land Use designation. As discussed in the
staff report, the project is consistent with the development and design standards
16 applicable to the property as contained in Chapters 21.45 and 21.24 of the CMC.
17 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 in that no standards variances are
j9 proposed or required, the proposed one and two-story homes are compatible with
surrounding one-family residential uses and open space, and no negative circulation
20 impacts will result as the existing roadway with improvements (Black Rail Road) is
adequate to accommodate the traffic generated by this project.
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3. The project will not adversely affect the public health, safety, or general welfare, in that
the project has been designed to comply with all applicable development standards
23 to ensure compatibility with surrounding residential and open space uses.
24 4. The project's design, including architecture, streets, and site layout: a) contributes to the
community's overall aesthetic quality, b) includes the use of harmonious materials and
25 colors, and the appropriate use of landscaping and, c) achieves continuity among all
elements of the project, in that the project's proposed architecture consists of a
traditional contemporary style one-story and two-story structures with attached
27 garage. Architectural design elements include a variety of roof planes and off-set
building projections and materials include earth tone colored stucco, tile roofs, and
28 wood trim and design accents. The project site layout is off multi-loaded private
drive aisles and includes landscaping with trees and a variety of plant materials to
PC RESO NO. 6687 -2-
enhance the visual appearance of the units. All elements (i.e. site layout,
2 architecture, landscaping) create continuity in the overall project design.
3 5. The proposed modifications will result in the preservation of natural habitat as required
by the Carlsbad Habitat Management Plan (HMP), in that the project is clustering, per
4 the HMP, all development on the disturbed areas of the lot and preserving habitat
and hillsides as open space on Lot 4.
r 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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7. The Planning Commission has reviewed each of the exactions imposed on the Developer
8 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
" degree of the exaction is in rough proportionality to the impact caused by the project.
10 Conditions:
11
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the
12 recordation of the final map or issuance of a grading permit, whichever occurs first.
13 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
14 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
15 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
jy 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
18 or a successor in interest by the City's approval of this Condominium Permit.
1" 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
~~ and modifications to the Condominium Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
21 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
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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.
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4. If any condition for construction of any public improvements or facilities, or the payment
25 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
2° 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.
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PC RESO NO. 6687 -3-
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands,
3 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 Condominium
^ Permit, (b) City's approval or issuance of any permit or action, whether discretionary or
r nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
6 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
7
6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 06-09, ZC 06-08, SP
9 203(D), LCPA 06-09, CT 06-27, CDP 06-32, HDP 06-10, and HMP 07-02, and is
subject to all conditions contained in Planning Commission Resolutions No. 6681, 6682,
10 6683, 6684, 6685, 6686, 6688, 6689, and 6690 for those other approvals incorporated
herein by reference.
12 7. This approval shall become null and void if building permits are not issued for this
project within three (3) years from the date of project approval.
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8. Developer shall implement, or cause the implementation of, the MUROYA
14 SUBDIVISION - GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06-
15 19, CDP 06-32, HDP 06-10, and HMP 07-02 Project Mitigation Monitoring and
Reporting Program.
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17 NOTICE
18 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
19 "fees/exactions."
20 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
21 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
22 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.
24 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
25 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
26 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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PC RESO NO. 6687 -4-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on April 7, 2010, by the following vote, to
wit:
AYES:
NOES:
Chairperson Douglas, Commissioners Baker, Dominguez,
L'Heureux, and Nygaard
ABSENT: Commissioners Montgomery and Schumacher
ABSTAIN:
FARRAHTTT'DOUGLAS, CffiWperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning-Director
PCRESONO. 6687 -5-