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Home My WebLink About2011-11-02; Planning Commission; Resolution 68381 PLANNING COMMISSION RESOLUTION NO. 6838 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT 4 AMENDMENT TO REVISE CONDITIONS OF APPROVAL IN 5 PLANNING COMMISSION RESOLUTION NO. 6550 ASSOCIATED WITH THE GREEN DRAGON COLONIAL 6 VILLAGE PROJECT, GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL NORTE AND SOUTH OF PALOMAR 7 AIRPORT ROAD, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES 8 MANAGEMENT ZONE 3. 9 CASE NAME: GREEN DRAGON COLONIAL VILLAGE CASE NO.: CUP 08-08(A) 10 WHEREAS, Bruce Bartlett, "Developer/Owner," has filed a verified application j 2 with the City of Carlsbad regarding property described as: 13 Parcel 1 of Parcel Map No. 6022, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of 14 the County Recorder of San Diego County, June 8,1977 as File No. 77-224223 (APN 211-040-21 also known as Parcel A, which is under Fee Simple ownership interest by applicant Bruce 16 Bartlett), and 17 That portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the j^ County Recorder of San Diego County, November 16, 1896 (APN 211-040-04 also known as Parcel B, which is under long- 20 term Leasehold interest between applicant Bruce Bartlett and the underlying property owners (the Gaiser Family Trust), and 21 The southerly 120.00 feet (measured along the easterly line thereof) of that portion of Lot "H" of Rancho Agua Hedionda, 23 in the County of San Diego, State of California, according to map thereof No. 823, filed in the Office of the County Recorder 24 of San Diego County, November 16,1896 (APN 211-050-16 also known as Parcel C, which is under long-term Leasehold interest between applicant Bruce Bartlett and the underlying property 2/- owners (the Winter Family Trust) 27 ("the Property"); and 28 WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment as shown on Exhibits "A" - "Q" dated April 15, 2009, on file in the 1 Planning Department, GREEN DRAGON COLONIAL VILLAGE - CUP 08-08(A), as 2 provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 3 WHEREAS, the Planning Commission did, on November 2, 2011, hold a duly4 5 noticed public hearing as prescribed by law to consider said request; and 6 WHEREAS, at said public hearing, upon hearing and considering all testimony 7 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 8 relating to the CUP Amendment; and 9 WHEREAS, on June 2, 2009, the City Council approved CUP 08-08, as 10 described and conditioned in City Council Resolution No. 2009-105, and contained in 12 Planning Commission Resolution No. 6550. 13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 14 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 16 B) That based on the evidence presented at the public hearing, the Commission 17 RECOMMENDS APPROVAL of GREEN DRAGON COLONIAL VILLAGE - CUP 08-08(A), based on the following findings and subject to the following conditions: 19 Findings: 20 1. All the findings contained and referenced in Planning Commission Resolution No. 21 6550 dated April 15, 2009 for CUP 08-08, and City Council Resolution No. 2009-105 dated June 2,2009 are incorporated herein by reference and remain in effect. 23 2. 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 24 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:26 27 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 28 PC RESO NO. 6838 -2- 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 4 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 Conditional Use Permit Amendment. 7 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit Amendment documents, as necessary 9 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 10 development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 12 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 in 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 Conditional Use Permit 20 Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 21 (c) Developer/Operator's installation and operation of the facility permitted hereby, 22 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 23 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 24 6. All conditions contained and referenced in Planning Commission Resolution No. 25 6550 dated April 15, 2009 for CUP 08-08, and City Council Resolution No. 2009-105 25 dated June 2, 2009, are incorporated herein by reference and remain in effect, except for Conditions No. 12, 15, 31, 32, and 33 of Planning Commission Resolution 27 No. 6550 which are superseded by Conditions No. 7, 8, 9,10, and 11 listed below. 2° 7. This approval shall become null and void if building permits are not issued for this project by June 2, 2013. PCRESONO. 6838 -3- 8. Prior to the issuance of the grading permit, Developer shall submit to the City a Notice 2 of Restriction executed by the owners of Parcels A (APN 211-040-21) and B (APN 211-050-04). Said notice is to be filed in the office of the County Recorder, subject to the 3 satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit Amendment and Coastal Development Amendment by Resolutions No. 6838 and 6839 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 6 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 0 or successor in interest.o 9 9. Developer shall cause property owners of Parcels A (APN 211-040-21) and B (APN 211-050-04) to execute and submit to the City Engineer for recordation, the City's 10 standard form Geologic Failure Hold Harmless Agreement. 10. Developer shall cause property owners of Parcels A (APN 211-040-21) and B (APN 12 211-050-04) to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. 13 11. Developer shall cause property owners of Parcels A (APN 211-040-21) and B (APN 211-050-04) to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, 16 applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, whichever occurs first for this Project. 18 12. Developer shall process, execute and submit an executed copy to the City Engineer for 19 recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, 20 applicable site design and source control, post-construction permanent Best Management Practices shown on Parcel C (APN 211-050-16) prior to the issuance of a grading permit or building permit, whichever occurs first for this Project. 22 13. Developer shall submit documentation, subject to city engineer approval, demonstrating 23 how this project complies with new Hydromodification requirements per the city's SUSMP, latest version. Documentation shall be included within the Storm Water 24 Management Plan (SWMP). 25 26 27 28 PCRESONO. 6838 -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 NOTICE 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 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 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. 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 expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on November 2, 2011 by the following vote, to wit: AYES: NOES: ABSENT: STAIN: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Scully and Schumacher Commissioner Siekmann STEPHETPZHAP"Y'ITEUREUX, Chairperson CARLSBAD PLANNING COMMISSION DON NEU Planning Director PCRESONO. 6838 -5-