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Home My WebLink About2007-04-18; Planning Commission; Resolution 62741 PLANNING COMMISSION RESOLUTION NO. 6274 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE ONE YEAR EXTENSION OF A NON- 4 RESIDENTIAL PLANNED DEVELOPMENT PERMIT TO , 5 DEVELOP A MIXED-USE PROJECT CONSISTING OF THE SUBDIVISION AND DEVELOPMENT OF 18,337 SQUARE FEET 6 OF COMMERCIAL/RETAIL USES, A 3,296 SQUARE FOOT DAY CARE CENTER, 51 LIVE-WORK CONDOMINIUM UNITS, 7 15 LOFT CONDOMINIUM UNITS, AND 12 AFFORDABLE APARTMENTS ON 5.29 ACRES ON PROPERTY GENERALLY 8 LOCATED SOUTH OF AVENIDA ENCINAS AND NORTH OF 9 THE EAST-WEST SEGMENT OF EMBARCADERO LANE WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL 10 COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 22. 11 CASE NAME: POINSETTIA COMMONS 12 CASE NO.: PUD 04-10x1 13 WHEREAS, Poinsettia Commons LLC, a Delaware Limited Liability 14 Company, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as 16 Lot 5 of Carlsbad Tract No. 97-10, Poinsettia Properties, in tbe 17 City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13785, filed in the Office of the 18 County Recorder of San Diego County on May 21,1999 19 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Non-Residential 21 Planned Unit Development Permit Extension as shown on Exhibits MA" - "FFF" dated 23 January 5, 2005, on file in the Planning Department, POINSETTIA COMMONS - 24 PUD 04-10 as provided by Chapter 21.47 of the Carlsbad Municipal Code; and 25 WHEREAS, on February 1, 2005, the City Council approved, PUD 04-10, as 26 described and conditioned in City Council Resolution 2005-030 and Planning Commission 27 Resolution No. 5807; and 28 1 WHEREAS, the Planning Commission did, on the 18th day of April, 2007, hold 2 a duly noticed public hearing as prescribed by law to consider PUD 04-10x1; and 3 WHEREAS, at said public hearing, upon hearing and considering all testimony 5 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 6 relating to the Non-Residential Planned Unit Development Permit Extension. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Q Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Commission 11 APPROVES POINSETTIA COMMONS - PUD 04-10x1, based on the J2 following findings and subject to the following conditions: 13 Findings: 14 l. All the findings contained in City Council Resolution No. 2005-030 dated February 1, 15 2005 for PUD 04-10, and referenced in Planning Commission Resolution No. 5807, are incorporated herein by reference and remain in effect. 16 2. All findings contained in Planning Commission Resolution No. 6273 are 17 incorporated herein by reference. 18 3. That all related permits or approvals issued pursuant to Title 21 have been extended . Q to expire concurrent with the Tentative Map. 2Q 4. 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 21 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. 22 ~~ Conditions; 24 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 25 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 27 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 28 conditions or seek damages for their violation. No vested rights are gained by Developer PC RESO NO. 6274 -2- or a successor in interest by the City's approval of this Non-residential Planned 2 Development Permit Extension. 3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Non-residential Planned Development Permit Extension documents, as necessary to make them internally consistent and in conformity with the c final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require 6 an amendment to this approval. ) 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 0 regulations in effect at the time of building permit issuance.o 9 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 10 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. 13 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 14 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 Non-residential Planned 16 Development Permit Extension, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated 17 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 obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 20 6. This approval is granted subject to the approval of CT 04-llxl, SDP 04-09x1 and 21 CUP 04-15x1 and is subject to all conditions contained in Planning Commission Resolution No. 6273, 6275, and 6276 for these other approvals and is subject to 2 approval of CDP 04-26x1 by the Planning Director. 23 7. AH the conditions contained in Planning Commission Resolution No. 5807 dated 24 January 5, 2005 for PUD 04-10 are incorporated herein by reference and remain in effect.25 8. This approval shall become null and void upon the expiration of Tentative Map CT 04-11x1. 27 28 PC RESO NO. 6274 -3- 1 2 3 4 5 6 7 8 9 10 12 13 14 •15 16 17 18, 19 20 21 22 23 24 25 26 27 28 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. 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: NOES: Chairperson Baker, Commissioners Dominguez, Douglas, Segall and Whitton ABSENT: Commissioners Cardosa and Montgomery ABSTAIN: JULIE BAKER, Chairperson CARLSBAD-PLANNING COMMISSION ATTEST: DONNEU Planning Director PC RESO NO. 6274 -4-