HomeMy WebLinkAbout2007-09-19; Planning Commission; Resolution 63331 PLANNING COMMISSION RESOLUTION NO. 6333
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
RETROACTIVE TWO YEAR EXTENSION FOR FLOODPLAIN
4 SPECIAL USE PERMIT SUP 00-09 TO CONSTRUCT OFF-SITE
5 ROADWAY, BRIDGE, AND DRAINAGE IMPROVEMENTS
ON PROPERTY GENERALLY LOCATED EAST OF THE
6 COLLEGE BOULEVARD/CANNON ROAD INTERSECTION
AND NORTH OF THE COLLEGE BOULEVARD/SUNNY
7 CREEK ROAD INTERSECTION IN LOCAL FACILITIES
MANAGEMENT ZONE 15.
8 CASE NAME: CANTARINI RANCH
9 CASE NO: SUP 00-09x1
10 WHEREAS, Bent-West, LLC, "Owner/Developer," has filed a verified
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^
14 2007-0205872 filed in the Office of the County Recorder of San
15 Diego County on March 27, 2007 as described in Exhbit "A"
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Floodplain
18 Special Use Permit Extension as shown on Exhibits "A" - "II" dated October 20, 2004, on file
19 in the Planning Department CANTARINI RANCH - SUP 00-09, as provided by Chapter
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21.110 of the Carlsbad Municipal Code; and as modified by Substantial Conformance
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22 Exhibits SCE 00-18; and
23 WHEREAS, on October 20, 2004, the Planning Commission approved
24 SUP 00-09, as described and conditioned in Planning Commission Resolution No. 5756; and
25 WHEREAS, the Planning Commission did, on the 19th day of September, 2007,
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hold a duly noticed public hearing as prescribed by law to consider SUP 00-09x1; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Floodplain Special Use Permit 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 CANTARINI RANCH - SUP 00-09x1, based on the following
findings and subject to the following conditions:
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Findings:
1. All the findings contained in Planning Commission Resolution No. 5766 dated
October 20, 2004 for SUP 00-09 are incorporated herein by reference and remain in
13 effect.
14 2. That all related permits or approvals issued pursuant to Title 21 have been extended
to expire concurrent with the Tentative Map.
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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.
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Conditions;
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n 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 Floodplain Special Use Permit
25 Extension.
2° 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
-7 and modifications to the Floodplain Special Use Permit Extension documents, as
necessary to make them internally consistent and in conformity with the final action on
28 the project. Development shall occur substantially as shown on the approved Exhibits.
PC RESO NO. 6333 -2-
Any proposed development, different from this approval, shall require an amendment to
2 this approval.
3 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.4
r 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
6 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
7 unless the City Council determines that the project without the condition complies with
all requirements of law.8
9 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
10 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 Floodplain Special Use
Permit Extension, (b) City's approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and
13 (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
14 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.
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6. This approval is granted subject to the approval of CT 00-18x1, SDP 01-10x1, and
17 HDP 00-09x1 and is subject to all conditions contained in Planning Commission
Resolutions No. 6330, 6331, and 6332 for these other approvals.18
19 7. All the conditions contained in Planning Commission Resolution No. 5756 dated
October 20, 2004 for SUP 00-09 are incorporated herein by reference and remain in
20 effect.
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8. This approval shall become null and void upon the expiration of Tentative Map
CT 00-18x1.
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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 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 19th day of September 2007, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Douglas,
Dominguez, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
JULIE
CARLS
ATTEST:
, Chairperson
LANNING COMMISSION
DON NEU
Planning Director
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