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
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regarding property described as
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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
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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
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WHEREAS, on February 1, 2005, the City Council approved, CT 04-11, as
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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
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and arguments, if any, of persons desiring to be heard, said Commission considered all factors
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relating to the Tentative Tract Map Extension.
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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.
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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: '
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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.
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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
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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;
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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
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Douglas, Segall