HomeMy WebLinkAbout2011-07-20; Planning Commission; Resolution 67931 PLANNING COMMISSION RESOLUTION NO. 6793
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN AMENDMENT, SDP 06-06(8), TO
4 AMEND CONDITION OF APPROVAL NO. 10 OF PLANNING
COMMISSION RESOLUTION NO. 6347 TO DEFER THE
TIMING FOR THE REQUIRED DEVELOPMENT OF PHASE II
6 OF THE COMMUNITY RECREATION AREA WITHIN
PLANNING AREA 19 ON PROPERTY LOCATED AT 3700
7 GLEN AVENUE, WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 14.
8 CASE NAME: ROBERTSON RANCH PA 19 RECREATION
9 AREA
CASE NO.: SDP 06-06(B)
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WHEREAS, Brookfield San Diego Builders, Inc., "Developer," has filed a
12 verified application with the City of Carlsbad regarding property owned by Calavera Hills II,
13 LLC, "Owner," described as
14 Lot 6 of Carlsbad Tract No. 02-16, in the City of Carlsbad,
1 _ County of San Diego, State of California, according to Map
thereof No. 15608 filed in the Office of the County Recorder of
16 San Diego County, September 18,2007 as instrument No. 2007-
0612802 of Official Records
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("the Property"); and
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„ WHEREAS, said verified application constitutes a request for a Site Development
20 Plan Amendment, on file in the Planning Department, ROBERTSON RANCH PA 19
21 RECREATION AREA - SDP 06-06(B), as provided by Chapter 21.06 of the Carlsbad
22 Municipal Code; and
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WHEREAS, the Planning Commission did, on July 20, 2011, hold a duly noticed
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public hearing as prescribed by law to consider said request; and
^•J
-.- WHEREAS, at said public hearing, upon hearing and considering all testimony and
27 arguments, if any, of all persons desiring to be heard, said Commission considered all factors
28 relating to the Site Development Plan Amendment; and
1 WHEREAS, on March 17, 2010, the Planning Commission approved, SDP 06-
2 06(A), as described and conditioned in Planning Commission Resolution No. 6680, and;
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WHEREAS, on October 3, 2007, the Planning Commission approved, SDP 06-4
06 , as described and conditioned in Planning Commission Resolution No. 6347.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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 Planning
10 Commission APPROVES ROBERTSON RANCH PA 19 RECREATION
AREA - SDP 06-06(B) based on the following findings and subject to the
following conditions:
12 Findings;
13 1. The adopted findings for SDP 06-06 and SDP 06-06(A) which are contained in Planning
Commission Resolutions No. 6347 dated October 3, 2007 and Planning Commission
14 Resolution No. 6680 dated March 17, 2010 are incorporated by reference and remain in
effect.
,,- 2. 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
17 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
apply to this project.
20 3. The Planning Commission has reviewed each of the exactions imposed on the Developer
21 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
22 degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
24 If any of the following conditions fail to occur, or if they are, by their terms, to be
25 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
26 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
28 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
PC RESO NO. 6793 -2-
or a successor in interest by the City's approval of this Site Development Plan
2 Amendment.
3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan Amendment documents, as necessary
^ to make them internally consistent and in conformity with the final action on the project.
r 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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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, 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 Site Development Plan
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. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
i n approval is not validated.
20 6. The 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
21 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 Site Development
Plan Amendment by Resolution No. 6793 on the property. Said Notice of Restriction
23 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
24 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.
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7. All the conditions contained in Planning Commission Resolutions No. 6347 and 6680
27 dated October 3, 2007 and March 17, 2010 for SDP 06-06 and SDP 06-06(A) are
incorporated herein by reference and remain in effect, except for Condition No. 10
2° of Resolution No. 6347 which has been superseded by Condition No. 8 below.
PC RESO NO. 6793 -3-
8. Prior to occupancy of the first dwelling unit within Planning Areas 16,17, or 18, the
2 Developer shall provide all required passive and active recreational areas within
Phase I of the community recreation area per the approved plans, including
3 landscaping and recreational facilities. Phase II shall be completed prior to
occupancy of any one of the residences on Lots 20, 34, 73, or 151 in PA 17 that abut
the recreation area located within Lot 305 of CT 04-26, or, prior to the 300th
c occupancy of any of the market-rate units within the East Village of Robertson
Ranch, whichever occurs first.
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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.
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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:
r
MICHAEL SCHUMACHER, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6793 -5-