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Home My WebLink About2007-09-19; Planning Commission; Resolution 63351 PLANNING COMMISSION RESOLUTION NO. 6335 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE TWO YEAR EXTENSION FOR HILLSIDE 4 DEVELOPMENT PERMIT HDP 00-12 ON PROPERTY GENERALLY LOCATED EAST OF COLLEGE BOULEVARD AND SOUTH OF FUTURE CANNON ROAD IN LOCAL 6 FACILITIES MANAGEMENT ZONE 15. CASE NAME: HOLLY SPRINGS 7 CASE NO.: HDP 00-12x1 8 WHEREAS, Bent-West, LLC, "Developer," has filed a verified application with 9 the City of Carlsbad regarding property owned by Holly Springs, LTD, "Owner," described as 10 Parcel C of Adjustment Plat ADJ 00-14 in the City of 1 1 Carlsbad, County of San Diego, State of California, according 1 _ to Certificate of Compliance for Adjustment Plat Document^ 2007-0205874 filed in the Office of the County Recorder of San 13 Diego County on March 27,2007 as described in Exhibit "A" 14 ("the Property"); and ^ WHEREAS, said verified application constitutes a request for a Hillside Development Permit Extension as shown on Exhibits "A" - "O" dated October 20, 2004, on 17 file in the Planning Department HOLLY SPRINGS - HDP 00-12x1, as provided by Chapter 18 21.95 of the Carlsbad Municipal Code and as modified by Substantial Conformance Exhibits 20 SCE 00-21; and 21 WHEREAS, on December 7, 2004, the City Council approved HDP 00-12, as 22 described and conditioned in City Council Resolution No. 2004-388 and Planning Commission 23 Resolution No. 5760; and 24 WHEREAS, the Planning Commission did on the 19th day of September 2007, 25 hold a duly noticed public hearing as prescribed by law to consider HDP 00-12x1; and 26 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Hillside Development Permit Extension. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission as follows: 3 A) That the foregoing recitations are true and correct. 4 - B) That based on the evidence presented at the public hearing, the Commission APPROVES HOLLY SPRINGS - HDP 00-12x1 based on the following 6 findings and subject to the following conditions: 7 Findings; ° 1. All the findings contained in City Council Resolution No. 2004-388 dated December „ 7, 2004 for HDP 00-12, and referenced in Planning Commission Resolution No. 5760, are incorporated herein by reference and remain in effect. 10 2. That all related permits or approvals issued pursuant to Title 21 have been extended 11 to expire concurrent with the Tentative Map. 12 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 3 to mitigate impacts caused by or reasonably related to the project, and the extent and the 14 degree of the exaction is in rough proportionality to the impact caused by the project. 15 Conditions: 16 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 I g 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 19 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 2® 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 Hillside Development Permit Extension. 22 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 23 and modifications to the Hillside Development Permit 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. 25 Any proposed development, different from this approval, shall require an amendment to this approval. 26 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 27 regulations in effect at the time of building permit issuance. 28 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 PC RESO NO. 6335 -2- Section 66020. If any such condition is determined to be invalid, this approval shall be 2 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 3 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 and costs, including court costs and attorney's fees incurred by the City arising, directly 5 or indirectly, from (a) City's approval and issuance of this Hillside Development Permit Extension, (b) City's approval or issuance of any permit or action, whether discretionary 7 or nondiscretionary, 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 10 approval is not validated. 6. This approval is granted subject to the approval of CT 00-21x1 and is subject to all conditions contained in Planning Commission Resolution No. 6334 for these other approvals. 13 7. AH the conditions contained in Planning Commission Resolution No. 5760 dated 14 October 20, 2004 for HDP 00-12 are incorporated herein by reference and remain in effect.15 is 8. This approval shall become null and void upon the expiration of Tentative Map CT 00-21x1. 17" 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6335 -3- 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 "fees/exactions." 5 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 6 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. 9 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, 10 zoning, grading, or other similar application processing or service fees in connection with this 1 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 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 4 Commission of the City of Carlsbad, California, held on the 19th day of September, 2007, by the following vote, to wit: 16 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Douglas, Dominguez, Montgomery, and Whitton 18 NOES: 19 ABSENT: 20 ABSTAIN: 21 22 23 JULIE fcAKEA, Chairperson 24 CARLSBATJPLANNING COMMISSION 25 26 ATTEST: 27 28 DON NEU Planning Director PC RESO NO. 6335 -4-