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HomeMy WebLinkAbout2007-09-19; Planning Commission; Resolution 63311 PLANNING COMMISSION RESOLUTION NO. 6331 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE TWO YEAR EXTENSION FOR SITE 4 DEVELOPMENT PLAN SDP 01-10 TO ALLOW THE 5 CONSTRUCTION OF AN 80-UNIT MIXED-RATE APARTMENT PROJECT ON PROPERTY GENERALLY 6 LOCATED EAST OF COLLEGE BOULEVARD AND NORTH OF CANNON ROAD IN LOCAL FACILITIES MANAGEMENT 7 ZONE 15. CASE NAME: CANTARINI RANCH 8 CASE NO.: SDP 01-10x1 9 WHEREAS, Bent-West, LLC, "Owner/Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by Holly Springs, LTD, 12 "Owner," described as 13 Parcel D of Adjustment Plat ADJ 00-14 in the City of Carlsbad, County of San Diego, State of California, according 14 to Certificate of Compliance for Adjustment Plat Document # 2007-0205875 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 Site Development18 19 Plan Extension as shown on Exhibits "A" - "M" dated October 20, 2004, on file in the 20 Planning Department, CANTARINI RANCH - SDP 01-10 as provided by Chapter 21 21.06/Section 21.53.120 of the Carlsbad Municipal Code and as modified by Substantial 22 Conformance Exhibits SCE 00-18; and 23 WHEREAS, on December 7, 2004, the City Council approved, SDP 01-10, as 24 described and conditioned in City Council Resolution 2004-387 and Planning Commission 26 Resolution No. 5754; and 27 WHEREAS, the Planning Commission did, on the 19th day of September, 2007, 28 hold a duly noticed public hearing as prescribed by law to consider SDP 01-10x1; 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 Site Development Plan 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. g B) That based on the evidence presented at the public hearing, the Planning 9 Commission APPROVES CANTARINI RANCH - SDP 01-10x1 based on the following findings and subject to the following conditions: 10 Findings: j2 1- All the findings contained in City Council Resolution No. 2004-387 dated December 7, 2004 for SDP 01-10, and referenced in Planning Commission Resolution No. 5754, 13 are incorporated herein by reference and remain in effect. 14 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 17 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. 18 Conditions: 2Q 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 21 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 22 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 24 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 25 Extension. r\/~ 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 27 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. 28 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. PCRESONO. 6331 -2- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 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 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 6 all requirements of law. 7 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 representatives, from and against any and all liabilities, losses, damages, demands, claims 9 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 10 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 12 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 13 all legal proceedings have been concluded and continues even if the City's approval is not validated. 14 6. This approval is granted subject to the approval of CT 00-18x1, HDP 00-09x1 and SUP 00-09x1 and is subject to all conditions contained in Planning Commission Resolutions No. 6330, 6332 and 6333 for these other approvals. 17 7. All the conditions contained in Planning Commission Resolution No. 5754 dated October 20, 2004 for SDP 01-10 are incorporated herein by reference and remain in 18 effect. 19 8. This approval shall become null and void upon the expiration of Tentative Map 20 CT 00-18x1. 21 22 23 24 25 26 27 28 PCRESONO. 6331 -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 6 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 1(1 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a I j | 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 19th day of September 2007, by the 15 following vote, to wit: 16 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Douglas, 1' Dominguez, Montgomery, and Whitton NOES:lo 19 ABSENT: 20 ABSTAIN: 21 22 23 JULIE BA.KER. Chairperson CARLSBAD PUANNING COMMISSION 24 25 ATTEST: 26 27 DON NEU Planning Director PCRESONO. 6331 -4- EXHIBIT A LEGAL DESCRIPTION PARCEL D THOSE PORTIONS OP LOTS "E" AND "B" 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 OP SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER 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; THENCE NORTH 34°43'32" EAST 664.30 FEET (NORTH 34°43'55" EAST 664.30 FEET RECORD PER DOCUMENT NO. 1995-0100176 AND RECORD OF SURVEY NO. 7918, WHICH ARE COLLECTIVELY HEREINAFTER REFERRED TO AS REFERENCE NO. 1); THENCE LEAVING THE WESTERLY LINE OF REFERENCE NO. 1, SOUTH 84°25'10>' EAST 394.34 FEET; THENCE SOUTH 15°47'25" EAST 320.23 FEET TO A POINT ON A NON-TANGENT CURVE HAVING A RADIUS OF 630.00 FEET, CONCAVE SOUTHERLY, A RADIAL THROUGH SAID POINT BEARS NORTH 05°56'44" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°28'31" AN ARC DISTANCE OF 324.10 FEET; THENCE SOUTH 54°34'45" WEST 101.24 FEET; 12208 THENCE SOUTH 53°21'51" WEST 352.46 FEET TO A POINT ON THE CENTERLINE OF COLLEGE BOULEVARD, 102.00 FEET WIDE; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, NORTH 46°35'02" WEST 265.86 FEET TO THE SOUTHERLY LINE OF SAID LOT "E" OF RANCHO AGUA HEDIONDA ACCORDING TO MAP THEREOF NO. 823; THENCE LEAVING SAID CENTERLINE OF COLLEGE BOULEVARD, SOUTH 89°26'55" EAST 0.29 FEET ALONG SAID SOUTHERLY LINE OF LOT WE" TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS AN AREA OF 7.540 ACRES, MORE OR LESS. PREPARED BY:u*irA^ ti*S _ GEORG/ O'DAY, R^E 32014 DATE /W>{/. ZZ, ZJQQ& _ O:\Legal_Descriptions\031074\EXHIBIT A_LOT LINE ADJ_ODAY.LGL.DOC 12215 SEE SHEET 8 FOR EASEMENT LEGEND SCALE: T = 600' PARCEL D 7.540 ACRES R.O.S. 7918 PARCEL C SEE SHEET 6 NO. 623 DESCRIBED DOC. 95-0100176PARCEL 4 * PM 17985 PARCEL 3 PM 17985 SEE DETAIL HEREON POINT OF BEGINNING EXHIBIT A; PARCEL D N 46-35'02"W 265.86' PARCEL B SEE SHEET 5 POR. LOT "B". MAP NO. 823 DESCRIBED AS PCL. 1 IN DOC. NOS. 89-561719 & 2001-0167132 O.R. EXISTING LOT LINES PER DOC. NOS. 89-561719. 95-0100176, 2000-0699587 & 2001-0167132 O.R. AND PARCEL MAP NO. 17985 TO BE REMOVED C/L COLLEGE BLVD. 102* WIDE, PER PM 17985 & DOC. 1998-0055998 - — 1 R.O.S. 17348 PARCEL A EE SHEET 4 POR. LOT "B", MAP NO. 823 DESCRIBED AS PCL. 1 IN DOC. NO. 2000-0699587 & SHOWN AS REMAINDER PCL ON PM 17985 *AND RC * C£>U^I ^^X'-N B9*26'55'W 2153.41 — J.OT •_£_" LOT "B" <®DETAIL NO SCALE SHEET 7 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: GEORGE 0 R.C.E. 32014 EXPIRES: 12-31-06 APPROVED BY:r * \^ w Lbf w i t*APN 209-070-01 A 02 APN 209-060-60 APN /rffl-050-49 & 51 *JCONRAD C. HAMMANN R.C.E. 33069 EXPIRES: 6-30-08 APN 7^^-050-06 A 07 ©2006 Otay Consultants, Inc.ft \031074\0374PADJOT.d^ Oet 01 M06 Xrvfe 0374PMU 0374PMM-IMP