HomeMy WebLinkAbout2010-06-16; Planning Commission; Resolution 66951 PLANNING COMMISSION RESOLUTION NO. 6695
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A THREE (3)
YEAR RETROACTIVE EXTENSION (THROUGH NOVEMBER 7,
4 2012) OF A SITE DEVELOPMENT PLAN TO ALLOW THE
DEVELOPMENT OF AN 8,074 SQUARE FOOT TWO-STORY
COMMERCIAL RETAIL AND OFFICE BUILDING ON A
6 VACANT 0.58 ACRE PARCEL LOCATED AT THE SOUTH
CORNER OF THE LA COSTA AVENUE AND RANCHO SANTA
7 FE ROAD INTERSECTION IN THE P-C ZONE,
NEIGHBORHOOD SE-15 OF THE LA COSTA MASTER PLAN,
AND LOCAL FACILITIES MANAGEMENT ZONE 11.
9 CASE NAME: RANCHO LA COSTA BUILDING
CASE NO.: SDP 05-15x1
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WHEREAS, Harkishan Parekh, "Developer," has filed a verified application
with the City of Carlsbad regarding property owned by Santa Fe La Costa, LLC, "Owner,"
13 described as
14 Parcel 1 of Parcel Map 12586, in the City of Carlsbad, County of
San Diego, State of California, Filed in the Office of the County
Recorder of San Diego County, February 25,1983
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Site Development18
Plan Extension as shown on Exhibits "A" - "M" dated May 7, 2008, on file in the Planning
20 Department, RANCHO LA COSTA BUILDING - SDP 05-15x1 as provided by Chapter 21.06
of the Carlsbad Municipal Code; and
22 WHEREAS, on May 7, 2008, the Planning Commission approved SDP 05-15,
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as described and conditioned in Planning Commission Resolution No. 6418; and
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WHEREAS, the Planning Commission did, on June 16, 2010, hold a duly noticed
26 public hearing as prescribed by law to consider SDP 05-15x1; and
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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
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relating to the Site Development Plan 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.
B) That based on the evidence presented at the public hearing, the Planning
9 Commission APPROVES RANCHO LA COSTA BUILDING - SDP 05-15x1
based on the following findings and subject to the following conditions:
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Findings:
1. All findings contained in Planning Commission Resolution No. 6418 dated May 7, 2008,
for SDP 05-15 are incorporated herein by reference and remain in effect.
2. That such permits and approvals as extended are consistent with the requirements of Title
14 21 of this code at the time of the extension of the site development plan.
15 3. That the Planning Director has determined that the project belongs to a class of projects
that 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
preparation of environmental documents pursuant to Section 15332 of the state CEQA
Guidelines for "In-fill Development Projects" where the project is consistent with the
18 applicable general plan designation and all applicable general plan policies as well
as with applicable zoning designations and regulations; the proposed development
occurs within city limits on a project site of no more than five acres substantially
surrounded by urban development; the project site has no value as habitat for
endangered, rare or threatened species; approval of the project would not result in
21 any significant effects relating to traffic, noise, air quality, or water quality; and the
site can be adequately served by all required utilities, and public services. In making
22 this determination, the Planning Director has found that the exceptions listed in Section
15300.2 of the state CEQA Guidelines do not apply to this project.
j£**J
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
25 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:
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~n Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit or grading permit, whichever shall occur first.
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
2 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
3 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
^ 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
conditions or seek damages for their violation. No vested rights are gained by Developer
6 or a successor in interest by the City's approval of this Site Development Plan
Extension.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan Extension documents, as necessary to
9 make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
10 development, different from this approval, shall require an amendment to this approval.
11 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
j2 regulations in effect at the time of building permit issuance.
13 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
14 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
unless the City Council determines that the project without the condition complies with
15 all requirements of law.
17 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
19 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 Site Development Plan
20 Extension, (b) City's approval or issuance of any permit or action, whether discretionary
or nondiscretionary, in connection with the use contemplated herein, and (c)
21 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
23 all legal proceedings have been concluded and continues even if the City's approval is not
validated.
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6. Prior to the issuance of a grading permit, 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
25 be filed in the office of the County Recorder, subject to the satisfaction of the Planning
Director, notifying all interested parties and successors in interest that the City of
27 Carlsbad has issued a Site Development Plan Extension by Resolution No. 6695 on 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
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Planning Director has the authority to execute and record an amendment to the notice
2 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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7. All conditions contained in Planning Commission Resolution No. 6418 dated May 7,
2008 for SDP 05-15 are incorporated herein by reference and remain in effect,
r except for Conditions No. 10 and 40 which are superseded by Conditions No. 8 and
10 listed below.
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8. This approval shall become null and void if building permits are not issued for this
project by November 7, 2012.
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9. Prior to issuance of a building permit, Developer shall cause Property Owner to
9 execute and submit to the City for recordation a Prepayment Agreement with the
City for prepayment of the obligation for funding to improve Rancho Santa Fe
10 Road, which will satisfy the special condition in the Zone 11 LFMP requiring a
financing plan guaranteeing construction of Rancho Santa Fe Road. The
Prepayment Agreement shall be in a form to the satisfaction of the City Attorney
12 and City Engineer.
13 10. Prior to issuance of a building permit, the developer shall pay a proportional fair
share contribution, based on Caltrans methodology, towards the design and
14 construction of a new fully actuated traffic signal at the intersection of La Costa
Avenue and the most southerly driveway of the Rancho La Costa Village shopping
center, all to the satisfaction of the City Engineer.
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NOTICE17
10 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
19 "fees/exactions."
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
66020(a), and file the protest and any other required information with the City Manager for
22 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
23 annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
25 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
26 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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on June 16, 2010, by the following vote, to
wit:
AYES:
NOES:
Chairperson Douglas, Commissioners Baker, Dominguez,
L'Heureux, and Schumacher
ABSENT: Commissioners Montgomery and Nygaard
ABSTAIN:
FARRATT^^OOUGLAS, CKaupebon
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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