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HomeMy WebLinkAbout2007-09-19; Planning Commission; Resolution 63331 PLANNING COMMISSION RESOLUTION NO. 6333 2 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 20 21.110 of the Carlsbad Municipal Code; and as modified by Substantial Conformance 21 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, 26 hold a duly noticed public hearing as prescribed by law to consider SUP 00-09x1; and 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Floodplain Special Use Permit 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. Q 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: 10 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. 15 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; 19 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. 16 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. 22 23 24 25 26 27 28 8. This approval shall become null and void upon the expiration of Tentative Map CT 00-18x1. PC RESO NO. 6333 -3- 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 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 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 PC RESO NO. 6333 -4-