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HomeMy WebLinkAbout2009-12-16; Planning Commission; Resolution 66511 PLANNING COMMISSION RESOLUTION NO. 6651 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CONDOMINIUM PERMIT AMENDMENT CP 4 04-05(A) TO SUBDIVIDE 20.4 ACRES INTO TWO 5 RESIDENTIAL LOTS FOR 82 AIRSPACE CONDOMINIUM UNITS AND THREE OPEN SPACE LOTS ON PROPERTY 6 GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE 7 IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT 8 ZONE 21. 9 CASE NAME: POINSETTIA PLACE CASE NO.: CP 04-05(A) 10 WHEREAS, Sierra Linda Development Company, "Developer," has filed a 12 verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia 13 Land Company, a California Limited Liability Co., "Owner," described as 14 The north half of the southwest quarter of the southwest quarter of Section 23, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San 15 Diego, State of California, according to the official plat thereof 17 ("the Property"); and 1 R WHEREAS, said verified application constitutes a request for a Condominium 19 Permit Amendment as shown on Exhibits "A" - "P" and "Al" - "A31" dated December 16, 20 2009, on file in the Planning Department, POINSETTIA PLACE - CP 04-05(A), as provided „„ by Chapter 21.45 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on December 16, 2009, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 27 relating to the Condominium Permit Amendment. 28 WHEREAS, on November 15, 2006, the Planning Commission recommended 2 approval of, CP 04-05, as described and conditioned in Planning Commission Resolution No. 3 6192.4 5 WHEREAS, on December 19, 2006, the City Council approved, CP 04-05, as 6 described and conditioned in Planning Commission Resolution No. 6192. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning o 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 1l RECOMMENDS APPROVAL of POINSETTIA PLACE CP 04-05(A), based 12 on the following findings and subject to the following conditions: 13 Findings: 14 l. That the proposed project complies with all applicable development standards included ,,- within Chapter 21.45, in that the proposed project is consistent with all standards of Chapter 21.45 of the Carlsbad Municipal Code. 16 2. That the proposed project's density, site design, and architecture are compatible with 17 surrounding development, in that the project consists of 62 airspace condominium units with a density of 11.7 du/ac and 20 airspace condominium units with a density of 16.7 du/ac. The project is compatible with the existing surrounding residential 19 developments which are primarily multi-family residential condominiums and apartments at similar densities, site design, and architecture as the proposed 20 project. •^1 3. The Planning Director has determined that: 22 a. Poinsettia Place is a project for which a Mitigated Negative Declaration was 23 previously adopted [ 15162]; 24 . b. this project is consistent with the project cited above; 25 c. the Mitigated Negative Declaration was adopted in connection with the prior 26 project or plan; 27 d. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration;28 PCRESONO. 6651 -2- e. none of the circumstances requiring a Subsequent EIR or Mitigated Negative 2 Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. 3 4. 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 c 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. 6 Conditions: 7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or recordation of a final map for CT 04-10(A), whichever occurs 9 first. 10 1. This Planning Commission Resolution No. 6651 supersedes Planning Commission Resolution No. 6192. 12 2. This approval shall become null and void upon the expiration or withdrawal of CT 04-10(A). 13 3. If any of the following conditions fail to occur, or if they are, by their terms, to be 14 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 revoke or modify all approvals herein granted; deny or further condition issuance of all 15 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 17 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 Condominium Permit 19 Amendment. 20 4. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Condominium Permit Amendment documents, as necessary to 21 make them internally consistent and in conformity with the final action on the project. 22 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 23 5. Developer shall comply with all applicable provisions of federal, state, and local laws and 24 regulations in effect at the time of building permit issuance. 25 6. If any condition for construction of any public improvements or facilities, or the payment 26 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 27 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. PCRESONO. 6651 -3- 7. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 3 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 Condominium Permit ^ Amendment, (b) City's approval or issuance of any permit or action, whether - discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 6 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 7 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated,o 9 8. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 10 9. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 12 format. 13 10. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its *4 obligation to provide school facilities. 11. This approval is granted subject to the previously adopted Mitigated Negative 16 Declaration and Mitigation Monitoring and Reporting Program, Hillside Development Permit HDP 04-05, and Habitat Management Plan Permit HMPP 06- 17 08 and is subject to all conditions contained in Planning Commission Resolutions No. 6187, 6193, and 6196 for those other approvals incorporated herein by reference and subject to the approval of CT 04-10(A) and CDP 04-23(A) and is subject to all 19 conditions contained in Planning Commission Resolutions No. 6650, and 6653. 20 12. 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 21 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 facilities will continue to be available until the time of occupancy. 23 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 24 #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 25 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 21, 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 27 approval will not be consistent with the General Plan and shall become void. 28 14. Prior to the issuance of Building Permits, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to PCRESONO. 6651 -4- be filed in the office of the County Recorder, subject to the satisfaction of the Planning 2 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Condominium Permit Amendment by Resolution No. 6651 on 3 the property. Said Notice of Restriction shall note the property description, location of the file containing 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 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 6 or successor in interest. 7 NOTICE 8 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 9 reservations, or other exactions hereafter collectively referred to for convenience as 'fees/exactions."10 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 12 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. 15 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, 16 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. 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6651 -5- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning 2 Commission of the City of Carlsbad, California, held on December 16, 2009, by the following 3 vote, to wit: 4 " r AYES: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery 6 NOES: 7 ABSENT: o 9 ABSTAIN: 10 11 MARTELL B. MONTG^vtERY, flfjprperson 13 CARLSBAD PLANNING COMMISSION 14 ATTEST: 16 17 n DON NEU1 R Planning Director 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6651 -6-