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HomeMy WebLinkAbout2011-07-20; Planning Commission; Resolution 67921 PLANNING COMMISSION RESOLUTION NO. 6792 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDOMINIUM PERMIT AMENDMENT 4 CP 06-17(A) TO ADD A NEW CONDITION OF APPROVAL 5 TO ALLOW THE POCKET PARK TOT LOT GATE LOCATED WITHIN ROBERTSON RANCH PLANNING AREA 21 OFF OF 6 CANNON ROAD TO BE LOCKED ON PROPERTY GENERALLY LOCATED NORTH OF CANNON ROAD, 7 SOUTH OF GLEN AVENUE, EAST OF WIND TRAIL WAY, AND WEST OF HILLTOP STREET IN LOCAL FACILITIES MANAGEMENT ZONE 14. 9 CASE NAME: THE FOOTHILLS ALCEA TOT LOT GATE CASE NO.: CP06-17(A) 10 WHEREAS, Teri McHugh, "Developer," has filed a verified application with 12 the City of Carlsbad regarding property owned by The Foothills at Carlsbad HOA, "Owner," 13 described as 14 Lots 2 and 11 of Carlsbad Tract No. 02-16, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 15608, filed in the Office of the County 16 Recorder of San Diego County, September 18, 2007 as Instrument No. 07-0612802 of Official Records 17 ("the Property"); and18 WHEREAS, said verified application constitutes a request for a Condominium 20 Permit Amendment as shown on Exhibits "A" - "RR" dated February 6, 2008, on file in the 21 Planning Department THE FOOTHILLS ALCEA TOT LOT GATE - CP 06-17(A), as 22 „provided by Chapter 21.45 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 ^_> *) 26 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 2° relating to the Condominium Permit Amendment; and 1 WHEREAS, on March 18, 2008, the City Council approved CP 06-17, as 2 described and conditioned in Planning Commission Resolution No. 6387. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning4 c Commission of the City of Carlsbad as follows: 6 A) That the foregoing recitations are true and correct. 7 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL OF - THE FOOTHILLS ALCEA TOT LOT GATE - CP 06-17(A), based on the following findings and subject to the 9 following conditions: 10 Findings: 11 1. The adopted findings for CP 06-17 which are contained in Planning Commission Resolution No. 6387 dated February 6, 2008 are incorporated by reference and remain in effect. 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. 21 Conditions: 22 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the installation of locks on the pocket park tot lot gate located off of Cannon Road. 24 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 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 28 conditions or seek damages for their violation. No vested rights are gained by Developer PC RESO NO. 6792 -2- or a successor in interest by the City's approval of this Condominium Permit 2 Amendment. 3 2. 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 4 make them internally consistent and in conformity with the final action on the project. c 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. o 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, 14 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 Condominium Permit Amendment, (b) City's approval or issuance of any permit or action, whether 16 discretionary or nondiscretionary, 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.18 19 6. This approval is granted subject to the approval of CT 06-25(A) and is subject to all conditions contained in Planning Commission Resolutions No. 6791 for those other 20 approvals incorporated herein by reference. 71 7. Prior to the installation of locks on the pocket park tot lot gate located off of Cannon 22 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 23 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 Condominium 24 Permit Amendment by Resolution No. 6792 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 26 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 27 showing of good cause by the Developer or successor in interest. 28 PC RESO NO. 6792 -3- 8. All the conditions contained in Planning Commission Resolution No. 6387 dated 2 February 6, 2008 for CP 06-17 are incorporated herein by reference and remain in effect, except for the addition of Condition No. 9 below. 3 9. In order to ensure that unrestricted access is provided for the community, non- locking gates shall be used at all pedestrian access points, except for the pocket park ,- tot lot gate located along Cannon Road, which may use a locking type gate for security purposes. 6 NOTICE g 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 9 "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 12 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. 14 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 15 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 16 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. 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6792 -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: Chaiperson L'Heureux ABSTAIN: MICHAEL SCHUMACHER, Vice Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6792 -5-