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Home My WebLink About2011-11-02; Planning Commission; Resolution 68391 PLANNING COMMISSION RESOLUTION NO. 6839 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AMENDMENT TO 4 REVISE CONDITIONS OF APPROVAL IN PLANNING 5 COMMISSION RESOLUTION NO. 6551 ASSOCIATED WITH THE GREEN DRAGON COLONIAL VILLAGE PROJECT, 6 GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL NORTE AND SOUTH OF PALOMAR AIRPORT ROAD, 7 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: CDPQ8-13(A) 10 WHEREAS, Bruce Bartlett, "Developer/Owner," has filed a verified application 11 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 15 is under Fee Simple ownership interest by applicant Bruce , g Bartlett), and 17 That portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, 18 according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896 (APN 211-040-04 also known as Parcel B, which is under long- 2Q 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 22 thereof) of that portion of Lot "H" of Rancho Agua Hedionda, 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 25 between applicant Bruce Bartlett and the underlying property owners (the Winter Family Trust)26 27 ("the Property"); and 28 WHEREAS, said verified application constitutes a request for a Coastal Development Permit Amendment as shown on Exhibits "A" - "Q" dated April 15, 2009, on 1 file in the Planning Department, GREEN DRAGON COLONIAL VILLAGE - CDP 08- 2 13(A), as provided in Chapter 21.81.040 of the Carlsbad Municipal Code; and 3 WHEREAS, the Planning Commission did, on November 2, 2011, hold a duly 4 - 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 o relating to the Coastal Development Permit Amendment, and 9 WHEREAS, on June 2, 2009, the City Council approved CDP 08-13, as 10 described and conditioned in City Council Resolution No. 2009-105, and contained in 11 Planning Commission Resolution No. 6551. 13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 14 Commission of the City of Carlsbad, as follows: 15 A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 17 APPROVES GREEN DRAGON COLONIAL VILLAGE - CDP 08-13(A), based on the following findings and subject to the following conditions: 18 Findings: ~0 1. All the findings contained and referenced in Planning Commission Resolution No. 6551 dated April 15, 2009 for CDP 08-13, and City Council Resolution No. 2009-105 21 dated June 2, 2009, are incorporated herein by reference and remain in effect. 22 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 3 to mitigate impacts caused by or reasonably related to the project, and the extent and the 24 degree of the exaction is in rough proportionality to the impact caused by the project. 25 Conditions: 26 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. ™ 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 implemented and maintained according to their terms, the City shall have the right to PC RESO NO. 6839 -2- revoke or modify all approvals herein granted; deny or further condition issuance of all 2 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 3 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 ^ or a successor in interest by the City's approval of this Coastal Development Permit - Amendment. 6 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit Amendment documents, as 7 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 o this approval. 10 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 11 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 13 are 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 14 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 15 16 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 17 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly 18 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 2Q (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the 21 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 22 approval is not validated. 23 6. All conditions contained and referenced in Planning Commission Resolution No. 24 6551 dated April 15, 2009 for CDP 08-13, and City Council Resolution No. 2009-105 dated June 2, 2009, are incorporated herein by reference and remain in effect, 25 except for Conditions No. 8 of Planning Commission Resolution No. 6551 which is superseded by Condition No. 7 listed below. 26 ~7 7. This approval shall become null and void if building permits are not issued for this project by June 2,2013. 28 PC RESO NO. 6839 -3- 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: ABSTAIN: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Scully, Schumacher and Siekmann STEPHEN "HAP" L'ljEtmEUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6839 -4-