HomeMy WebLinkAbout2011-07-20; Planning Commission; Resolution 6791PLANNING COMMISSION RESOLUTION NO. 6791
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MAP AMENDMENT
3 CT 06-25(A) TO DELETE CONDITIONS NO. 18G AND 34
FROM PLANNING COMMISSION RESOLUTION NO. 6386,
4 WHICH REQUIRES THAT THE POCKET PARK TOT LOT
5 GATE LOCATED WITHIN ROBERTSON RANCH PLANNING
AREA 21 OFF OF CANNON ROAD BE UNLOCKED ON
6 PROPERTY GENERALLY LOCATED NORTH OF CANNON
ROAD, SOUTH OF GLEN AVENUE, EAST OF WIND TRAIL
? WAY, AND WEST OF HILLTOP STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 14.
CASE NAME: THE FOOTHILLS ALCEA TOT LOT GATE
9 CASE NO.: CT 06-25(A)
10 WHEREAS, Teri McHugh, "Developer," has filed a verified application with
the City of Carlsbad regarding property owned by The Foothills at Carlsbad HOA, "Owner,"
12 described as
13
Lots 2 and 11 of Carlsbad Tract No. 02-16, in the City of
14 Carlsbad, County of San Diego, State of California, according
,<- to Map thereof No. 15608, filed in the Office of the County
Recorder of San Diego County, September 18, 2007 as
16 Instrument No. 07-0612802 of Official Records
17 ("the Property"); and
18 WHEREAS, said verified application constitutes a request for a Tentative Tract
19
Map Amendment as shown on Exhibits "A" - "RR" dated February 6, 2008, on file in the
20
Planning Department THE FOOTHILLS ALCEA TOT LOT GATE - CT 06-25(A), as
22 provided by Chapter 20.12 of the Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did, on July 20, 2011, hold a duly noticed
24 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 Tentative Tract Map Amendment; and2o
1 WHEREAS, on March 18, 2008, the City Council approved CT 06-25, as
2 ..described and conditioned in Planning Commission Resolution No. 6386.
3
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
4
c Commission of the City of Carlsbad as follows:
6 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL OF - THE FOOTHILLS ALCEA TOT LOT
GATE - CT 06-25(A), based on the following findings and subject to the
9 following conditions:
10 Findings:
11 1. The adopted findings for CT 06-25 which are contained in Planning Commission
Resolution No. 6386 dated February 6
herein by reference and remain in effect.
Resolution No. 6386 dated February 6, 2008 apply to CT 06-25(A), are incorporated
13 2. The Planning Director has determined that the project belongs to a class of projects that
14 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 15301, Existing Facilities,
, of the State CEQA Guidelines. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not
17 apply to this project.
18 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
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.
Conditions;
22 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the installation
of locks on the tot lot gate located off of Cannon Road.
23 *
~. 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
25 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
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
PCRESONO. 6791 -2-
or a successor in interest by the City's approval of this Tentative Tract Map
2 Amendment.
3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map Amendment 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. Any proposed
development different from this approval, shall require an amendment to this approval.
6
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
7 regulations in effect at the time of building permit issuance.
Q
4. If any condition for construction of any public improvements or facilities, or the payment
9 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
10 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.
12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
14 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
Amendment, (b) City's approval or issuance of any permit or action, whether
16 discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
17 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
19 approval is not validated.
20 6. This approval is granted subject to the approval of CP 06-17(A) and is subject to all
conditions contained in Planning Commission Resolution No. 6792 for this other
2* approval.
22 7. Prior to the installation of locks on the pocket park tot lot gate located off of Cannon
23 Road, 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 be filed in the office of the County
24 Recorder, subject to the satisfaction of the Planning Director, notifying all interested
^ parties and successors in interest that the City of Carlsbad has issued a Tentative Tract
Map Amendment by Resolution No. 6791 on the property. Said Notice of Restriction
26 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
27 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 or successor in interest.
PC RESO NO. 6791 -3-
8. All the conditions contained in Planning Commission Resolution No. 6386 dated
2 February 6, 2008 for CT 06-25 are incorporated herein by reference and remain in
effect, except Conditions No. 18g and 34, which are superseded by Condition No. 10
3 of CP 06-17(A) contained in Planning Commission Resolution No. 6792.
4 NOTICE
5
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."
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
9 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
1 annul their imposition.
12 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
15 expired.
16
17
18
19
20
21
22
23
24
25
26
27
28
PCRESONO. 6791 -4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 20, 2011, by the following vote, to
wit:
AYES:
NOES:
Vice Chairperson Schumacher, Commissioners Arnold, Black,
Nygaard, Scully and Siekmann
ABSENT: Chairperson L'Heureux
ABSTAIN:
MICHAEL SCHUMACHER, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PCRESONO. 6791 -5-