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HomeMy WebLinkAbout2007-04-18; Planning Commission; Resolution 62731 PLANNING COMMISSION RESOLUTION NO. 6273 2 A RESOLUTION OF THE PLANNING COMMISSION OF 3 CITY OF CARLSBAD, CALIFORNIA, APPROVNG A RETROACTIVE ONE YEAR EXTENSION OF TENTATIVE 4 TRACT MAP CT 04-11 TO DEVELOP A MIXED-USE PROJECT CONSISTING OF THE SUBDIVISION AND DEVELOPMENT OF 5 18,337 SQUARE FEET OF COMMERCIAL/RETAIL USES, A 6 3,296 SQUARE FOOT DAY CARE CENTER, 51 LIVE-WORK CONDOMINIUM UNITS, 15 LOFT CONDOMINIUM UNITS, 7 AND 12 AFFORDABLE APARTMENTS ON 5.29 ACRES GENERALLY LOCATED SOUTH OF AVENIDA ENCINAS AND 8 NORTH OF THE EAST-WEST SEGMENT OF EMBARCADERO o LANE WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM AND LOCAL FACILITIES 10 MANAGEMENT ZONE 22. CASE NAME: POINSETTIA COMMONS 11 CASE NO.: CT 04-11x1 12 WHEREAS, Poinsettia Commons LLC, a Delaware Limited Liability 13 Company, "Developer/Owner," has filed a verified application with the City of Carlsbad 14 regarding property described as i <J 16 Lot 5 of Carlsbad Tract No. 97-10, Poinsettia Properties, in the City of Carlsbad, County of San Diego, State of California, 17 according to Map thereof No. 13785, filed in the Office of the County Recorder of San Diego County on May 21,1999 18 9 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Tentative Tract 21 Map Extension as shown on Exhibits "A" - "FFF" dated January 5, 2005, on file in the 22 Planning Department POINSETTIA COMMONS - CT 04-11, as provided by Chapter 20.12 23 of the Carlsbad Municipal Code; and 24 WHEREAS, on February 1, 2005, the City Council approved, CT 04-11, as 25 2fi described and conditioned in City Council Resolution 2005-030 and Planning Commission 27 Resolution No. 5806; and 28 WHEREAS, the Planning Commission did, on the 18th day of April, 2007, hold a duly noticed public hearing as prescribed by law to consider CT 04-llxl; and WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 3 relating to the Tentative Tract Map Extension. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. Q B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES POINSETTIA COMMONS - CT 04-llxl, based on the following findings and subject to the following conditions: ' 10 Findings; 1. All the findings contained in City Council Resolution No. 2005-030 dated February 1, 2005 for CT 04-11, and referenced in Planning Commission Resolution No. 5806, are 13 incorporated herein by reference and remain in effect. 14 2. That the design and improvement of the subdivision are consistent with the general plan, Titles 20 and 21 of this code, and any public facility or growth management policies in 15 existence at the time the extension is approved. *" 3. That the subdivider is diligently pursuing those acts required to obtain a final map for the Yi subdivision in that a final map and grading and improvement plans have been submitted for the project and are currently under review and pending approval. 18 4. That all related permits or approvals issued pursuant to Title 21 have been extended to 19 expire concurrent with the tentative map. 20 5. That such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of the extension of the tentative map. 22 6. The Planning Director has determined that 23 a. the project is a subsequent activity of a project (Poinsettia Properties Specific Plan - SP 210) for which a program EIR was prepared, and a notice for the 24 activity has been given, which includes statements that this activity is within the _, scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168( c)(2); and 26 b. this project is consistent with the Poinsettia Properties Specific Plan (SP 210) 27 cited above; 28 c. EIR 96-01 was certified in connection with the prior project or plan; PC RESO NO. 6273 -2- d. the project has no new significant environmental effect not analyzed as significant 2 , in the prior EIR; 3 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist;4 7. The Planning Commission has reviewed each of the exactions imposed on the Developer 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. 7 Conditons;8 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map approval or issuance of a grading permit, whichever occurs first. 10 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 13 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 14 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 Tentative Tract Map Extension. 16 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 17 and modifications to the Tentative Tract Map Extension 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 . Q development different from this approval, shall require an amendment to this approval. 20 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. 21 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 23 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 24 unless the City Council determines that the project without the condition complies with all requirements of law. 25 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 27 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 28 or indirectly, from (a) City's approval and issuance of this Tentative Tract Map Extension, (b) City's approval or issuance of any permit or action, whether discretionary PC RESO NO. 6273 -3- or non-discretionary, in connection with the use contemplated herein, and (c) 2 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 3 electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 6. This approval is granted subject to the approval of PUD 04-10x1, SDP 04-09x1 and CUP 04-15x1 and is subject to all conditions contained in Planning Commission Resolution No. 6274, 6275, and 6276 for these other approvals and is subject to 7 approval of CDP 04-26x1 by the Planning Director. Q 7. All the conditions contained in City Council Resolution 2005-030 dated February 1, 9 2003 and referenced in Planning Commission Resolution No. 5806 dated January 5, 2005 for CT 04-11 are incorporated herein by reference and remain in effect; except 10 for Engineering Condition No. 58 of Planning Commission Resolution No. 5806 which is deleted and replaced by conditions 8 and 9 below. , - 8. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan 13 (SWMP). The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Runoff Management Plan (SUSMP), Order 2001-01 issued by the 14 San Diego Region of the California Regional Water Quality Control Board, or any subsequent Orders, and City of Carlsbad Municipal Code. The SWMP shall address Best Management Practice (BMP) measures to preclude, mitigate or otherwise treat said pollutants from storm water discharges, to the maximum extent practicable (MEP), for the post-construction stage of the project. At a minimum, the 17 SWMP shall: i. Identify existing and post-development on-site pollutants-of concern; . ii. Identify the bydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; 20 Hi. Propose source controls, site design and treatment control BMPs that will be implemented with this project to preclude, mitigate or otherwise treat said 21 pollutants to remove them from storm water discharges to the MEP before discharging to dedicated open space/Habitat Management Plan areas; iv. Establish specific procedures for handling spills and routine clean up and include them within the CC&Rs. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up 24 and disposal of pollutants; v. Ensure long-term maintenance of all post construction BMPs in perpetuity; 25 vi. Identify bow post-development runoff rates and velocities from the site will ~, not exceed the pre-development runoff rates and velocities to the maximum extent practicable. 27 9. Developer shall cause property owner to execute and submit to the City Engineer 28 for recordation a City standard Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and PC RESO NO. 6273 -4- source control, post-construction permanent BMPs prior to the issuance of the 2 grading permit or building permit, or the recordation of the final map, whichever occurs first. 3 10. This Tentative Map extension is granted for a period of one (1) year retroactively 4 from February 1,2007 through February 1,2008. NOTICE 6 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 g "fees/exactions." 9 You have 90 days from date of 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 12 annul their imposition. 13 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 14 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 15 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 16 expired. 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6273 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16i \J 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of April 2007, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, and Whitton NOES: ABSENT: Commissioners Cardosa and Montgomery ABSTAIN: H^ \ JLJ/ \. H ^*V^O^» JULIE BAKER\ Chairperson CARLSBVD_PJ)ANNING COMMISSION ATTEST: f\ ~yt j&w / uu DONNEU Planning Director PC RESO NO. 6273 -6- Douglas, Segall