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HomeMy WebLinkAbout2007-09-19; Planning Commission; Resolution 63301 PLANNING COMMISSION RESOLUTION NO. 6330 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE TWO YEAR EXTENSION OF TENTATIVE 4 TRACT MAP CT 00-18 TO SUBDIVIDE A 156.72 ACRE SITE INTO 105 RESIDENTIAL LOTS, ONE MULTI-FAMILY LOT, 5 SEVEN OPEN SPACE LOTS, SIX HOA MAINTAINED LOTS, 6 AND TWO REMAINDER PARCELS ON PROPERTY GENERALLY LOCATED EAST OF COLLEGE BOULEVARD 7 AND NORTH OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 15. 8 CASE NAME: CANTARINI RANCH 9 CASE NO.: CT 00-18x1 10 WHEREAS, Bent-West, LLC, "Owner/Developer," has filed a verified 11 application with the City of Carlsbad regarding property described as 12 Parcel A of Adjustment Plat ADJ 00-14 in the City of 13 Carlsbad, County of San Diego, State of California, according to Certificate of Compliance for Adjustment Plat Document^ H 2007-0205872 filed in the Office of the County Recorder of San Diego County on March 27,2007 as described in Exhibit "A" 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Tentative Tract 18 Map Extension as shown on Exhibits "A" - "II" dated October 20,2004, on file in the Planning 19 Department CANTARINI RANCH - CT 00-18, as provided by Chapter 20.12 of the Carlsbad 20 Municipal Code and as modified by Substantial Conformance Exhibits SCE 00-18; and 21 WHEREAS, on December 7, 2004, the City Council approved, CT 00-18, as 23 described and conditioned in City Council Resolution 2004-387 and Planning Commission 24 Resolution No. 5753; and 25 WHEREAS, the Planning Commission did, on the 19th day of September, 2007, 26 hold a duly noticed public hearing as prescribed by law to consider CT 00-18x1; and 27 28 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. 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. o B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES CANTARINI RANCH - CT 00-18x1, based on the following findings and subject to the following conditions: 10 Findings: 1. All the findings contained in City Council Resolution No. 2004-387 dated December 7, 2004 for CT 00-18, and referenced in Planning Commission Resolution No. 5753, are \ 3 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 1 5 existence at the time the extension is approved. 6 3. That the subdivider is diligently pursuing those acts required to obtain a final map for the jy subdivision in that the first submittal of the final map, grading plans, improvement plans and landscape plans is anticipated to occur in September 2007 and the 18 developer is in the process of developing a finance plan for the off-site improvements. 19 4. That all related permits or approvals issued pursuant to Title 21 have been extended to expire concurrent with the tentative map. 21 5. That such permits and approvals as extended are consistent with the requirements of Title 22 21 of this code at the time of the extension of the tentative map. 23 6. The Planning Director has determined that 24 a. the project is a residential project consistent with a Community Plan, General Plan, or Zoning for which an EIR (EIR 02-02 - Cantarini Ranch/Holly Springs EIR) certified by the lead agency for the zoning action or the General Plan 26 [15183]; and 27 b. this project is consistent with the Cantarini Ranch/Holly Springs EIR cited 2g above; c. EIR 02-02 was certified in connection with the prior project or plan; PC RESO NO. 6330 -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 o 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 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. 6330 -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 SDP 01-10x1, HDP 00-09x1 and SUP 00-09x1 and is subject to all conditions contained in Planning Commission Resolutions No. 6331, 6332 and 6333 for these other approvals. 7. All the conditions contained in City Council Resolution 2004-387 dated December 7, 2004 and referenced in Planning Commission Resolution No. 5753 dated October 20,2004 for CT 00-18 are incorporated herein by reference and remain in effect. 10 8. Developer shall cause property owner to execute and submit to the City Engineer for recordation a City standard Best Management Practice Maintenance Agreement 11 for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent BMPs prior to the issuance of the grading permit or building permit, or the recordation of the final map, whichever occurs first. 14 9. This Tentative Map extension is granted for a period of two (2) years retroactively from July 4,2007 through July 4,2009. 16 NOTICE 17 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 18 "fees/exactions." 19 You have 90 days from date of approval to protest imposition of these fees/exactions. If you 20 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. 23 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 24 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 2/c NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 27 28 PC RESO NO. 6330 -4- ! PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on the 19th day of September 2007, by the 3 following vote, to wit: 4 - AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Douglas, Dominguez, Montgomery, and Whitton 6 NOES: 7 ABSENT: 8 ABSTAIN: 9 10 11 JULIE BAKERV:hairperson 12 CARLSBAD PLANNING COMMISSION 13 ATTEST: 14" 15 16 DONNEU Planning Director 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6330 -5- EXHIBIT A LEGAL DESCRIPTION 12161 PARCEL A THOSE PORTIONS OF LOTS "B", "D" AND "E" OP RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF COLLEGE BOULEVARD, 102.00 FEET WIDE, WITH THE NORTHEASTERLY LINE OF CARLSBAD TRACT NO. 83-36 ACCORDING TO MAP THEREOF NO. 11242 FILED IN THE OFFICE OF THE COUNTY RECORDER ON MAY 23, 1985 AS FILE NO. 85-183223 OF OFFICIAL RECORDS, SAID CENTERLINE HAVING A COURSE OF NORTH 22"55'15" EAST 957.43 FEET AS SHOWN ON RECORD OF SURVEY MAP NO. 17348 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 12, 2002 AS FILE NO. 2002-0308511 OF OFFICIAL RECORDS (NORTH 22°49'22" EAST 957.16 FEET RECORD PER MAP NO. 11242); THENCE, CONTINUING NORTHEASTERLY ALONG THE PROLONGATION OF SAID CENTERLINE OF COLLEGE BOULEVARD, NORTH 22°55'15" EAST 379.99 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY AND NORTHERLY 630.38 FEET ALONG 12168 SAID CURVE THROUGH A CENTRAL ANGLE OF 25°47'55W TO THE SOUTHERLY LINE OP THE LAND DESCRIBED AS PARCEL 1 IN DOCUMENT NOS. 89-561719 AND 2001-0167132 RECORDED OCTOBER 17, 1989 AND MARCH 22, 2001, RESPECTIVELY, IN OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE, CONTINUING NORTHERLY AND NORTHWESTERLY 522.46 FEET ALONG SAID CURVE AND CENTERLINE OF COLLEGE BOULEVARD THROUGH A CENTRAL ANGLE OF 21°22'55"; THENCE NORTH 24015'35" WEST 249.01 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 2000.00 FEET; THENCE NORTHWESTERLY 779.26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22° 19'27"; THENCE NORTH 46035I02" WEST 381.96 FEET; THENCE, LEAVING SAID CENTERLINE OF COLLEGE BOULEVARD, NORTH 53°21'51" EAST 352.46 FEET; THENCE NORTH 54°34'45W EAST 101.24 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 630.00 FEET; THENCE EASTERLY 646.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58°47'19M; THENCE SOUTH 66037'56H EAST 246.82 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 470.00 FEET WHICH IS ALSO TANGENT TO A LINE THAT IS PARALLEL WITH AND DISTANT 30.00 FEET NORTH OF THE SOUTHERLY LINE OF SAID LOT "E" OF RANCHO AGUA HEDIONDA ACCORDING TO MAP THEREOF NO. 823 AND SOUTHERLY LINE OF THE LAND DESCRIBED IN DOCUMENT NO. 1995- 0100176 RECORDED MARCH 9, 1995 IN OFFICIAL RECORDS AND SHOWN ON RECORD OF SURVEY NO. 7918 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 10, 1974, SAID DOCUMENT NO. 1995- 0100176 AND RECORD OF SURVEY NO. 7918 ARE COLLECTIVELY HEREINAFTER 12169 REFERRED TO AS REFERENCE NO. 1; THENCE SOUTHEASTERLY AND EASTERLY 187.16 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°48'59"; THENCE SOUTH 89°26'55" EAST 300.78 FEET ALONG SAID PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 330.00 FEET; THENCE EASTERLY 39.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06048'28"; THENCE SOUTH 82°38'27" EAST 233.40 FEET TO SAID SOUTHERLY LINE OF LOT "E" AND SAID SOUTHERLY LINE OF REFERENCE NO. 1; THENCE SOUTH 89°26'55" EAST 678.35 FEET ALONG SAID SOUTHERLY LINE TO THE CORNER COMMON TO SAID LOTS "B", "D" AND "EM; THENCE SOUTH 89°26'55" EAST 469.46 FEET ALONG THE SOUTHERLY LINE OF SAID LOT "D» AND SAID SOUTHERLY LINE OF REFERENCE NO. 1 TO A POINT DISTANT NORTH 89°26'55" WEST 1073.97 FEET FROM THE SOUTHEAST CORNER OF SAID LOT "D". AND SOUTHEAST CORNER OF SAID REFERENCE NO. 1; THENCE, LEAVING SAID SOUTHERLY LINE, NORTH 02°24'17" EAST 41.76 FEET; THENCE SOUTH 80°25'24" EAST 96.37 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 330.00 FEET; THENCE EASTERLY AND SOUTHEASTERLY 91.51 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°53'20" TO SAID SOUTHERLY LINE OF LOT "D" AND SAID SOUTHERLY LINE OF REFERENCE NO. 1; THENCE SOUTH 89°26'55" EAST 890.19 FEET TO SAID SOUTHEAST CORNER; SAID SOUTHEAST CORNER ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL 1 DESCRIBED IN DOCUMENT NO. 89-561719 AND 2001-0167132; THENCE, FOLLOWING THE BOUNDARY OF SAID PARCEL 1, SOUTH 20°20'08" WEST 2268.50 FEET TO THE SOUTHEAST CORNER OF PARCEL 1; THENCE, CONTINUING ALONG SAID 12170 BOUNDARY, NORTH Bl°3e'29n WEST 1193.96 FEET; THENCE NORTH 81°34'45" WEST 1275.62 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS AN AREA OF 149.180 ACRES, MORE OR LESS. PREPARED BY: DATE yx- fj ' *"* GEORGE^ 0 ' DAY ,~RC^! 32014 NE CORNER PARCEL 1 SE CORNER LOT "D" 'MA]SCALE: T = 600' SEE SHEET B FOR EASEMENT LEGEND SE CORNER PARCEL 1 L«91.51* S 80-25'24'E 96.37* N 02-24*17"E 41.76' FOR. LOT "B", MAP NO. 823 DESCRIBED AS PCL 1 IN DOC. NOS. 89-561719 & 2001-0167132 O.R. I* COR. COMMON TO LOTS B. D & E. MAP NO. 823 \ PARCEL A \ 149.180 ACRES +/- tff>S 82'38'27'E 233.40' R-330.00:L-39.21' S 89-26'55 E 300.78' A-22'48'59"R-470.00'L-187.16* S 66'37'56'E 246.82' N 54'34'45"E 101.24'£=19-32'35" S L-682.18'^ 9PARCEL C SEE SHEET 6 N 53*21 'STE 352.46'N 46'35'02"W 381.96 PARCEL B SEE SHEET 5 N 13'32'38'E249.90* POR. LOT -8". MAP NO. 823 DESCRIBED AS PCL 1 IN DOC. NO. 2000-0699587 ft SHOWN AS REMAINDER PCL ON PM 17985. C/L COLLEGE BLVD. 162* WIDE. PER PM 17985 ft DOC. 1998-0055998 SHEET 4 OF 8 SHEETS ADJUSTMENT PLAT - CITY OF CARLSBAD No. 00-14 APPLICANT: THE BENTLEY-MONARCH JOINT VENTURE 7449 MAGELLAN ST. CARLSBAD, CA 92009 PREPARED BY: ODAY,/ 32014 v EXPIRES: 12-31-06 APPROVED BY:APN 209-070-01 A 02 APN 209-060-60 «UCONRAD C. HAMMANN R.C.E. 33069 EXPIRES: 6-30-08 APN/m-05Q-49 A 51 APN/^Jg-050-06 it 07 ©2006 Otoy Consultants. Inc.ft \03l074\Q3WMMM4ig Ort 03. 2008 Xrate OJ74PA&t 03T4PMM-IMP