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HomeMy WebLinkAbout2004-03-02; City Council; Resolution 2004-074RESOLUTION NO. 2004-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANNED UNIT ACRES INTO 5 RESIDENTIAL LOTS AND TWO COMMONLY OWNED LOTS ON PROPERTY GENERALLY LOCATED NORTH OF FARADAY AVENUE AT THE SOUTHERN TERMINUS OF TWAIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8 CASE NAME: KlRGlS TENTATIVE MAP DEVELOPMENT PERMIT PUD 02-02 TO SUBDIVIDE 21.9 CASE NO.: PUD 02-02 WHEREAS, Pergola, Inc., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Kirgis 1996 Trust, “Owner,” described as All that portion of Lot “F” of Rancho Agua Hedionda, in the County of San Diego, State of California, as shown on Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, on November 16, 1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Planned Unit Development Permit as shown on Exhibits “A - “D” dated September 3, 2003, on file in the Planning Department, KlRGlS TENTATIVE MAP - PUD 02-02 as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of September 2003, on the 17th day of September 2003, and on the 5th day of November 2003 hold duly noticed public hearings as prescribed by law to consider said request; and WHEREAS, at said public hearings, 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 Unit Development Permit; and I B WHEREAS, the City Council of the City of Carlsbad, did on the 3rd day of February, 2004, hold a public hearing to consider the recommendations and heard all persons interested in or opposed to GPA 03-01/ZC 03-01/LCPA 03-01/CT 02-06/PUD 02-02/CDP 02-05/HDP 02-01, NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: A. B. That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, PUD 02-02 is approved, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 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 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 development standards and design criteria of the Zoning Ordinance for detached single family homes. 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 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 the City. That such use will not be detrimental to the health, safety, or general welfare of persons 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 concurrent with, the development of the project to meet all City standards. That the proposed Planned Development meets all of the minimum development 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 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 calming and livable street features are proposed, and the street design does not dominate the project. 2 Resolution No. 2004-074 page 2 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 5. That the proposed project is designed to be sensitive to and blend in with the natural 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 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 compatible with surrounding development and does not create a disharmonious or disruptive element to the neighborhood, in that the proposed single family residential product type and density are consistent with the General Plan's single family residential land use to the north. 7. That the project's circulation system is designed to be efficient and well integrated with the project and does not dominate the project. Conditions: Note: 1. 2. 3. 4. Unless otherwise specified herein, all conditions shall be satisfied prior to final map. 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; 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 Unit Development. Staff is authorized and directed to make, or require the Developer to make, all corrections 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. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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. 3 Resolution No. 2004-074 page 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 5. 6. 7. 8. 9. IO. 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 Unit Development, (b) City’s approval or issuance of any permit or action, whether discretionary or non-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 electromagnetic fields or other energy waves or emissions. This approval is granted subject to the approval of CT 02-06, CDP 02-05 and HDP 02-02 and is subject to all conditions contained in City Council Resolutions No. 2004-068 , 2004-069, and 2004-070 for those approvals incorporated herein by reference. This approval shall become null and void if CT 02-06 is not recorded as a final map. Prior to issuance of a grading permit, the applicant shall obtain approval from the Planning Director of the design and location for all perimeter fencing, gates, decorative hardscape, and landscape. Prior to the issuance of a building permit for any and/or each individual residential lot, the applicant shall obtain approval of a Minor Planned Unit Development Amendment, consistent with the procedures and requirements of Chapter 21.45 (Planned Development Ordinance), for building locations, elevations, and floorplans. In addition to all applicable City of Carlsbad development standards, all structures 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 to the roof ridge of 30 fee and no more than two stories as defined in Carlsbad Municipal Code section 21.04.330. 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 Resolution No. 2004-074 page 4 4 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 feedexactions 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 feedexactions 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 City Council of the City of Carlsbad, California, held on the 2nd day of March 1 2004 by the following vote, to wit: AYES:Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ABSENT: None L(8FiRd INE M. WOOD, City Clerk 5 Resolution No. 2004-074 page 5