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HomeMy WebLinkAbout2007-04-18; Planning Commission; Resolution 62751 PLANNING COMMISSION RESOLUTION NO. 6275 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE ONE YEAR EXTENSION FOR A SITE 4 DEVELOPMENT PLAN TO DEVELOP 12 AFFORDABLE 5 APARTMENTS AS PART OF A MIXED-USE PROJECT ON 5.29 ACRES GENERALLY LOCATED SOUTH OF AVENIDA 6 ENCINAS AND NORTH OF THE EAST-WEST SEGMENT OF EMBARCADERO LANE WITHIN THE MELLO II SEGMENT 7 OF THE CITY'S LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 22. 8 CASE NAME: POINSETTIA COMMONS 9 CASE NO.: SDP 04-09x1 10 WHEREAS, Poinsettia Commons LLC, a Delaware Limited Liability Company, "Developer/Owner," has filed a verified application with the City of Carlsbad 12 regarding property described as 13 Lot 5 of Carlsbad Tract No. 97-10, Poinsettia Properties, in the 14 City of Carlsbad, County of San Diego, State of California, . according to Map thereof No. 13785, filed in the Office of the County Recorder of San Diego County on May 21,1999 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Site Development 1 o 19 Plan Extension as shown on Exhibits "A" - "FFF" dated January 5, 2005, on file in the ] 20 Planning Department, POINSETTIA COMMONS - SDP 04-09 as provided by Chapter 21 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and 22 WHEREAS, on February 1, 2005, the City Council approved, SDP 04-09, as 23 described and conditioned in City Council Resolution 2005-030 and Planning Commission 24 Resolution No. 5808; and jLj 26 WHEREAS, the Planning Commission did, on the 18th day of April, 2007, hold 27 a duly noticed public hearing as prescribed by law to consider SDP 04-09x1; and 28 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 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan Extension. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES POINSETTIA COMMONS - SDP 04-09x1 based on the following findings and subject to the following conditions: Findings; \ " 1. All the findings contained in City Council Resolution No. 2005-030 dated February 1, 2005 for SDP 04-09, and referenced in Planning Commission Resolution No. 5808, are incorporated herein by reference and remain in effect. 2. That all related permits or approvals issued pursuant to Title 21 have been extended to expire concurrent with the Tentative Map. 3. 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. Conditions; 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 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 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 Site Development Plan Extension. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan 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 development different from this approval, shall require an amendment to this approval. PC RESO NO. 6275 -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 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. 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 Site Development Plan Extension, (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 obligation survives until; all legal proceedings have been concluded and continues even if the City's approval is not validated. This approval is granted subject to the approval of CT 04-llxl, PUD 04-10x1 and CUP 04-15x1 and is subject to all conditions contained in Planning Commission Resolutions No. 6273, 6274, and 6276 for these other approvals and is subject to approval of CDP 04-26x1 by the Planning Director. All the conditions contained in Planning Commission Resolution No. 5808 dated January 5, 2005 for SDP 04-09 are incorporated herein by reference and remain in effect. This approval shall become null and void upon the expiration of Tentative Map CT 04-11x1. PC RESO NO. 6275 -3- 1 NOTICE 2 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 4 , "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If 5 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. 8 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 9 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. 12 13 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: 16 AYES: Chairperson Baker, Commissioners Dominguez, Douglas, Segall 17 andWhitton 18 NOES: 19 ABSENT: Commissioners Cardosa and Montgomery 20 ABSTAIN: 22 23 JULIE EAKEk Chairperson 24 CARLSBAD^PJANNING COMMISSION 25 26 ATTEST: DON NEU Planning Director PC RESO NO. 6275 -4-