HomeMy WebLinkAbout2008-10-15; Planning Commission; Resolution 6482PLANNING COMMISSION RESOLUTION NO. 6482
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE-
YEAR RETROACTIVE EXTENSION OF SITE
3 DEVELOPMENT PLAN SDP 05-07 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND DETACHED
4 GARAGE AND CONSTRUCT FOUR (4) RESIDENTIAL AIR-
5 SPACE CONDOMINIUMS ON A 0.32 ACRE SITE AT 155 AND
163 ACACIA AVENUE BETWEEN CARLSBAD BOULEVARD
6 AND GARFIELD STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
7 CASE NAME: ACACIA ESTATES
CASE NO.: SDP 05-07X18
9 WHEREAS, David Eggebrecht, "Developer," has filed a verified application
10 with the City of Carlsbad regarding property owned by Acacia Estates, LLC, "Owner,"
1 described as
12 Lots F and H in block 1, of Palisades Heights, in the City of
13 Carlsbad, County of San Diego, State of California, according
to Map thereof No. 1777, in the Office of the County Recorder
14 of San Diego County, January 11,1924
15 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Site Development
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Plan Extension as shown on Exhibits "A" - "J" dated June 21, 2006, on file in the Planning18
19 Department ACACIA ESTATES - SDP 05-07X1, as provided by Chapter 21.06/Section
20 21.82.040 of the Carlsbad Municipal Code; and
21 WHEREAS, on June 21, 2006, the Planning Commission approved, SDP 05-07,
22 as described and conditioned in Planning Commission Resolution No. 6103; and
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WHEREAS, the Planning Commission did, on October 15, 2008, hold a duly
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noticed public hearing as prescribed by law to consider SDP 05-07x1; and
£ -J
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
7R relating to the Site Development Plan Extension.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2
Commission of the City of Carlsbad as follows:
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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
APPROVES ACACIA ESTATES - SDP 05-07X1, based on the following
6 findings and subject to the following conditions:
7 Findings:
o 1. All findings contained in Planning Commission Resolution No. 6103 dated June 21,
o 2006, for SDP 05-07 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 to
expire concurrent with the tentative parcel map.
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3. That such permits and approvals as extended are consistent with the requirements of Title
12 21 of this code at the time of the extension of the site development plan.
13 4. The Planning Director has determined that the project belongs to a class of projects that
,4 the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
15 preparation of environmental documents pursuant to Section 15332 - In-fill development
Projects of the state CEQA Guidelines. In making this determination, the Planning
16 Director has found that the exceptions listed in Section 15300.2 of the state CEQA
Guidelines do not apply to this project.
in 5. 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
19 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:21
22 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
recordation.
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1. If any of the following conditions fail to occur; or if they are, by their terms, to be
24 implemented and maintained over time, if any of such conditions fail to be so
7<_ 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
26 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
27 property title; institute and prosecute litigation to compel their compliance with said
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
Extension.
PC RESO NO. 6482 -2-
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
2 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.
3 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
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r 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.
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4. If any condition for construction of any public improvements or facilities, or the payment
7 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
9 unless the City Council determines that the project without the condition complies with
all requirements of law.
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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
, j 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
13 or indirectly, from (a) City's approval and issuance of this Site Development Plan
Extension, (b) City's approval or issuance of any permit or action, whether discretionary
14 or non-discretionary, 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
16 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
17 validated.
18 6. This project shall comply with all conditions and mitigation measures which are required
JQ as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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7. This approval is granted subject to the approval of MS 05-09x1, CDP 05-18x1, and CP
21 05-07x1 and is subject to all conditions contained in the administrative approval
22 documents for those other approvals incorporated herein by reference.
23 8. This approval shall become null and void if building permits are not issued for this
project by July 5, 2010.
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9. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
26 adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
27 facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.28
PC RESO NO. 6482 -3-
10. Prior to the issuance of the Final Map, Developer shall submit to the City a Notice of
2 Restriction executed by the owner of the real property to be developed. Said notice is to
be filed in the office of the County Recorder, subject to the satisfaction of the Planning
3 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a retroactive extension by Resolution No. 6482 on the property. Said
Notice of Restriction shall note the property description, location of the file containing
c complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The Planning Director has
6 the authority to execute and record an amendment to the notice which modifies or
terminates said notice upon a showing of good cause by the Developer or successor in
interest.
Q
11. All the conditions contained in Planning Commission Resolution No. 6103 dated
9 June 21, 2006, for SDP 05-07 are incorporated herein by reference and remain in
effect, except Condition Nos. 6,10, and 15, which have already been fulfilled; Nos. 7
10 and 8, which are superseded by Condition No. 7; and Condition No. 19, which is
superseded by Condition No. 8.
12. This Site Development Plan Extension is granted retroactively from June 21, 2008,
to July 5, 2009, to correspond with the expiration date of MS 05-09x1. Pursuant to
13 Municipal Code Section 20.24.180(a)(2)(i)(ii), SDP 05-07x1 also automatically
receives an additional one year extension to extend the expiration date to July 5,
14 2010.
NOTICE
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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."
19 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
22 annul their imposition.
23 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
25 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
26 expired.
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on October 15, 2008, by the following
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vote, to wit:
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<- AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas,
Montgomery, and Chairperson Whitton
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NOES:
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ABSENT:8
9 ABSTAIN:
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12 / FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
13 "
14 ATTEST:
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17 DONNEU
Planning Director
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