HomeMy WebLinkAbout2008-08-20; Planning Commission; Resolution 6452PLANNING COMMISSION RESOLUTION NO. 6452
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 . CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE
YEAR EXTENSION OF CARLSBAD TRACT CT 04-14(A) TO
3 SUBDIVIDE A 2.79 ACRE SITE INTO 14 RESIDENTIAL LOTS
AND 3 OPEN SPACE/RECREATION/PRIVATE DRIVEWAY
4 LOTS ON PROPERTY GENERALLY LOCATED ON THE
, WEST SIDE OF DONNA DRIVE AND NORTH OF
CARLSBAD VILLAGE DRIVE WITHIN LOCAL FACILITIES
6 MANAGEMENT ZONE 1.
CASE NAME: TRAILS END
7 CASE NO.: CT04-14(A)xl
8 WHEREAS, Luke Development, LLC, "Owner/Developer," has filed a verified
9
application with the City of Carlsbad regarding property described as
10
That Portion of Lot 7 of Section 32, Township 11 South, Range
H 4 West, San Bernardino Meridian, in the City of Carlsbad,
, 2 County of San Diego, State of California, according to official
Plat thereof, as described in Attachment "A"
13
("the Property"); and
14
WHEREAS, said verified application constitutes a request for a Tentative Tract
16 Map Extension (CT 04-14x1) as shown on Exhibit(s) "A" - "P" dated March 1, 2006, on file
17 in the Planning Department TRAILS END - CT 04-14, as provided by Chapter 20.12 of the
1 Q Carlsbad Municipal Code; and
19 WHEREAS, on March 1, 2006, the Planning Commission approved, CT 04-14,
20
as described and conditioned in Planning Commission Resolution No. 6035; and
21
22 WHEREAS, on June 27, 2006, the City Council adopted the Mitigated
23 Negative Declaration and Mitigation Monitoring and Reporting Program for the Trails
24 End project, as described and conditioned in City Council Resolution No. 2006-143; and
25 WHEREAS, on September 19, 2007, the Planning Commission approved CT
26
04-14(A) for an amendment to the conditions of approval for CT 04-14, as described and
27
conditioned in Planning Commission Resolution No. 6329; and
28 S
WHEREAS, the Planning Commission did, on August 20, 2008, hold a duly
2
noticed public hearing as prescribed by law to consider CT 04-14x1; and
3
WHEREAS, at said public hearing, upon hearing and considering all testimony4
t- and arguments, if any, of persons desiring to be heard, said Commission considered all factors
6 relating to the Tentative Tract Map extension.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
9
A) That the foregoing recitations are true and correct.
10
B) That based on the evidence presented at the public hearing, the Commission
APPROVES TRAILS END - CT 04-14(A)xl, based on the following findings
12 and subject to the following conditions:
13 Findings:
14 1. All the findings contained in Planning Commission Resolution No. 6035, dated March 1,
2006 for CT 04-14 are incorporated herein by reference and remain in effect.
2. All the findings contained in Planning Commission Resolution No. 6329, dated
September 19, 2007 for CT 04-14(A) are incorporated herein by reference and remain in
17 effect.
18 3. 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
existence at the time the extension is approved.
20 4. That the subdivider is diligently pursuing those acts required to obtain a final map for the
subdivision in that a final map, grading, improvement and landscape plans are
currently being prepared by the developer; the developer recently applied for an
22 amendment to the conditions of approval to allow an alternative to the construction
of on-site inclusionary housing due to financial feasibility concerns; minor design
23 modifications to the housing style/floor plans are proposed due to changing market
24 demands and these modifications have been submitted and are currently under
review through an administrative Consistency Determination; the developer states
25 that obtaining funding for the development has been difficult and the developer
estimates that it could take over a year to obtain financing for the substantial site
26 grading and improvements that are necessary for the project.
5. That all related permits or approvals issued pursuant to Title 21 have been extended to
20 expire concurrent with the tentative map in that applications for the Hillside
PC RESO NO. 6452 -2-
Development Permit and Planned Development Permit have been applied for
2 together with the Tentative Map extension.
3 6. That such permits and approvals as extended are consistent with the requirements of Title
21 of this code at the time of the extension of the tentative map.
4
7. The Planning Director has determined that:
a. the project is a project for which a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for the Trails End project,
7 dated June 27, 2006 (City Council Resolution No. 2006-143) was previously
adopted [15162];
8
b. this project is consistent with the project cited above;
9
c. a Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program was adopted in connection with the prior project or plan;
d. the project has no new significant environmental effect not analyzed as significant
12 in the prior Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program; and
13
e. none of the circumstances requiring a Subsequent Mitigated Negative
14 Declaration under CEQA Guidelines Section 15162 exists.
8. The Planning Commission has reviewed each of the exactions imposed on the Developer
jg 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
17 degree of the exaction is in rough proportionality to the impact caused by the project.
18 Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
20 recordation or issuance of a grading permit, whichever occurs first.
21 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
22 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
future building permits; deny, revoke or further condition all certificates of occupancy
24 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
25 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.26
27 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map Extension documents, as necessary to
28 make them internally consistent and in conformity with the final action on the project.
PC RESO NO. 6452 -3-
Development shall occur substantially as shown on the approved Exhibits. Any proposed
2 development different from this approval, shall require an amendment to 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
t- 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-Iieu 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 Tentative Tract Map
j2 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)
13 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
14 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. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
17 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
in Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
20 approval will not be consistent with the General Plan and shall become void.
21 7. All of the conditions contained in Planning Commission Resolution No. 6035 dated
»„ March 1, 2006, for CT 04-14 are incorporated herein by reference and remain in
effect, with the exception that the all typographical errors referencing project
23 number PUD 04-10 shall be changed to reflect the correct project number as PUD
04-12.
24
8. All of the conditions contained in Planning Commission Resolution No. 6329 dated
September 19, 2007, for CT 04-14(A) are incorporated herein by reference and
26 remain in effect.
27 9. This Tentative Map Extension is granted for a period of one (1) year retroactively
from June 27, 2008 through June 27, 2009, together with an automatic one-year
28 extension pursuant to SB 1185 from June 27, 2009 through June 27, 2010, unless
additional extensions are approved pursuant to the Carlsbad Municipal Code.
PC RESO NO. 6452 -4-
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
"fees/exactions."
5 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
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
g 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,
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
12 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the August 20, 2008, by the following
15 vote, to wit:
16
AYES: Commissioners Boddy, Cardosa, Douglas, Montgomery, and
Chairperson Whitton
18 NOES: Commissioner Baker
19
ABSENT: Commissioner Dominguez
20
ABSTAIN:21
22
23
'FRANK H. WHITTON, Chairperson
24 CARLSBAD PLANNING COMMISSION
25
26 ATTEST:
27
28
DON NEU
PC RESO NO. 6452 ,5-
ATTACHMENT "A"
1 DESCRIPTION
er No. 53010268
THAT PORTION OF LOT 7 OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7; THENCE ALONG THE WEST LINE OF
SAID LOT 7, SOUTH 1°32'19" WEST 360.00 FEET; THENCE ALONG THE STRAIGHT LINE DRAWN
THROUGH THE NORTHWEST CORNER OF LOT 6 OF FALCON HILL UNIT NO. 3, ACCORDING TO
MAP THEREOF NO. 5520, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
SOUTH 88M3'Z1" EAST 264.90 FEET; THENCE NORTH 36'58'11" EAST 208.57 FEET TO THE
BEGINNING OF A TANGENT 892.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY ALONG SAID CURVE 266.77 FEET THROUGH AN ANGLE OF 17"08'07" TO THE
NORTH LINE OF SAID LOT 7; THENCE NORTH 88*41'14" WEST 570.54 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS DAF:
EXCEPTION PARCEL A:
ALL OF THAT PORTION OF LOT 7. OF SECTION 32. TOWNSHIP 11 SOUTH, RANGE 4 WEST.
SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7, BEING ALSO THE SOUTHWEST CORNER
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32;
THENCE SOUTH 89°ir20" EAST, ALONG THE NORTH LINE OF SAID LOT 7, A DISTANCE OF
353.62 FEET TO THE TRUE POINT OF BEGINNING OF THAT PORTION TO BE DESCRIBED.
THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 24*15'57" EAST, A DISTANCE OF
156.94 FEET TO THE SOUTHEASTERLY BOUNDARY OF GRANTOR'S PROPERTY BEING A POINT ON
AN 892.00 FOOT RADIUS CIRCULAR CURVE, CONCAVE SOUTHEASTERLY (FROM SAID POINT THE
CENTER OF SAID CURVE BEARS SOUTH 49«33'44" EAST);
THENCE NORTHEASTERLY ALONG SAID CURVE, AND SAID GRANTOR'S BOUNDARY. AN ARC
DISTANCE OF 206.00 FEET, THROUGH AN ANGLE OF 13"13'54", TO THE NORTH LINE OF SAID
LOT 7;
THENCE NORTH 89*11'20" WEST. ALONG THE NORTH LINE OF SAID LOT 7, A DISTANCE OF
214.98 FEET TO THE TRUE POINT OF BEGINNING OF THE PORTION DESCRIBED.
EXCEPTION PARCEL B:
ALL OF THAT PORTION OF LOT 7, OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDAIN.L IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED, DESCRIBED AS
FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7, BEING ALSO THE SOUTHWEST CORNER
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32;
THENCE SOUTH 89*1V20" EAST ALONG THE NORTH LINE OF SAID LOT 7 A DISTANCE OF
303.94 FEET TO THE TRUE PONT OF BEGINNING;
Page 2 DESCRIPTIONOrder No. 53010268
THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 24M5'57" EAST A DISTANCE OF
200.85 FEET TO THE SOUTHEASTERLY BOUNDARY OF GRANTOR'S PROPERTY, BEING A POINT
ON THE ARC OF AN 892 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, (FROM SAID POINT
THE CENTER OF SAID CURVE BEARS SOUTH 52'48'16" EAST);
THENCE NORTHEASTERLY ALONG SAID 892 FOOT RADIUS CURVE, THROUGH AN ANGLE OF
3"14'32" FOR AN ARC DISTANCE OF 50.48 FEET;
THENCE NORTH 24"15'57" IfEST A DISTANCE OF 156.94 FEET;
THENCE NORTH 89*11'20" WEST A DISTANCE OF 49.68 FEET TO THE TRUE POINT OF
BEGINNING.
(APN: 156-090-41)