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HomeMy WebLinkAbout2007-09-19; Planning Commission; Resolution 63341 PLANNING COMMISSION RESOLUTION NO. 6334 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE TWO YEAR EXTENSION OF TENTATIVE 4 TRACT MAP CT 00-21 TO SUBDIVIDE A 119.86 ACRE SITE INTO 42 RESIDENTIAL LOTS, FOUR OPEN SPACE LOTS, 5 AND FOUR HOA MAINTAINED LOTS ON PROPERTY 6 GENERALLY LOCATED EAST OF COLLEGE BOULEVARD AND SOUTH OF FUTURE CANNON ROAD IN LOCAL 7 FACILITIES MANAGEMENT ZONE 15. CASE NAME: HOLLY SPRINGS 8 CASE NO.: CT 00-21x1 9 WHEREAS, Bent-West, LLC, "Developer," has filed a verified application with 10 the City of Carlsbad regarding property owned by Holly Springs, LTD, "Owner," described as 12 Parcel C of Adjustment Plat ADJ 00-14 in the City of Carlsbad, County of San Diego, State of California, according 13 to Certificate of Compliance for Adjustment Plat Document^ 2007-0205874 filed in the Office of the County Recorder of San 14 Diego County on March 27,2007 as described in Exhibit "A" 15 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Tentative Tract 17 Map Extension as shown on Exhibits "A" - "O" dated October 20,2004, on file in the Planning 18 19 Department HOLLY SPRINGS - CT 00-21, as provided by Chapter 20.12 of the Carlsbad 20 Municipal Code and as modified by Substantial Conformance Exhibits SCE 00-21; and 21 WHEREAS, on December 7, 2004, the City Council approved, CT 00-21, as 22 described and conditioned in City Council Resolution 2004-388 and Planning Commission 23 Resolution No. 5759; and 24 WHEREAS, the Planning Commission did, on the 19th day of September, 2007, £+s 25 hold a duly noticed public hearing as prescribed by law to consider CT 00-21x1; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map Extension. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 B) That based on the evidence presented at the public hearing, the Commission APPROVES HOLLY SPRINGS - CT 00-21x1, based on the following findings and subject to the following conditions: Findings: 1. All the findings contained in City Council Resolution No. 2004-388 dated December 7, 2004 for CT 00-21, and referenced in Planning Commission Resolution No. 5759, are incorporated herein by reference and remain in effect. 10 2. That the design and improvement of the subdivision are consistent with the general plan, 11 Titles 20 and 21 of this code, and any public facility or growth management policies in existence at the time the extension is approved. 1 „ 3. That the subdivider is diligently pursuing those acts required to obtain a final map for the subdivision in that the first submittal of the final map, grading plans, improvement 14 plans and landscape plans is anticipated to occur in September 2007 and the developer is in the process of developing a finance plan for the off-site 15 improvements. 4. That all related permits or approvals issued pursuant to Title 21 have been extended to 1 „ expire concurrent with the tentative map. 5. That such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of the extension of the tentative map. 19 6. The Planning Director has determined that 20 a. The project is a residential project consistent with a Community Plan, General 21 Plan, or Zoning for which an EIR (EIR 02-02 - Cantarini Ranch/Holly Springs 22 EIR) certified by the lead agency for the zoning action or the General Plan [15183]; and 23 b. this project is consistent with the Cantarini Ranch/Holly Springs EIR cited above; 25 c. EIR 02-02 was certified in connection with the prior project or plan; 26 d. the project has no new significant environmental effect not analyzed as significant 27 in the prior EIR; 28 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; PC RESO NO. 6334 -2- 7. The Planning Commission has reviewed each of the exactions imposed on the Developer 2 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 3 degree of the exaction is in rough proportionality to the impact caused by the project. Conditons: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map 6 approval or issuance of a grading 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 9 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 10 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 or a successor in interest by the City's approval of this Tentative Tract Map Extension. 13 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map Extension 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. 16 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 17 regulations in effect at the time of building permit issuance. 18 4. If any condition for construction of any public improvements or facilities, or the payment 19 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 20 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. 22 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 23 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 24 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 Extension, (b) City's approval or issuance of any permit or action, whether discretionary 26 or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including 27 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 approval is not validated. PC RESO NO. 6334 -3- 6. This approval is granted subject to the approval of HDP 00-12x1 and is subject to all 2 conditions contained in Planning Commission Resolution No. 6335 for these other approvals. 3 7. All the conditions contained in City Council Resolution 2004-388 dated December 7, 4 2004 and referenced in Planning Commission Resolution No. 5759 dated October 20,2004 for CT 00-21 are incorporated herein by reference and remain in effect. 5 8. Developer shall cause property owner to execute and submit to the City Engineer for recordation a City standard Best Management Practice Maintenance Agreement 7 for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent BMPs prior to the issuance of the grading permit or building permit, or the recordation of the final map, whichever o occurs first. 10 9. This Tentative Map extension is granted for a period of two (2) years retroactively from July 4,2007 through July 4,2009. 12 NOTICE 13 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." 15 You have 90 days from date of approval to protest imposition of these fees/exactions. If you 16 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. 19 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 20 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 22 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 23 24 25 26 27 28 PC RESO NO. 6334 -4- 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on the 19th day of September 2007, by the 3 following vote, to wit: 4 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Douglas, Dominguez, Montgomery, and Whitton 6 NOES: 7 ABSENT: 8 ABSTAIN: 9 10 Ou. 11 JULIE BkKER\Chairperson 12 CARLSBAf^LANNING COMMISSION 13 ATTEST: 14 15 16 DONNEU Planning Director 17 " 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6334 -5- EXHIBIT A 12194 LEGAL DESCRIPTION PARCEL C THOSE PORTIONS OF LOTS "D" AND "E» 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 COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT IN THE WESTERLY LINE OF THE LAND DESCRIBED IN DOCUMENT NO. 1995-0100176 RECORDED MARCH 9, 1995 IN OFFICIAL RECORDS AND SHOWN ON RECORD OF SURVEY NO. 7918 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 10, 1974 DISTANT NORTH 34°43'32" EAST 664.30 FEET (NORTH 34°43'55" EAST 664.30 FEET RECORD PER DOCUMENT NO. 1995-0100176 AND RECORD OF SURVEY NO. 7918) FROM THE SOUTHWEST CORNER THEREOF, SAID DOCUMENT NO. 1995-0100176 AND RECORD OF SURVEY NO. 7918 ARE COLLECTIVELY HEREINAFTER REFERRED TO AS REFERENCE NO. 1; THENCE ALONG THE WESTERLY LINE OF THE LAND DESCRIBED IN REFERENCE NO. 1, NORTH 15°54'53'' WEST (NORTH 15°54'30" WEST RECORD PER REFERENCE NO. 1) 148.01 FEET TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN A GRANT DEED TO THE STATE OF CALIFORNIA RECORDED MAY 22, 2002 AS DOCUMENT NO. 2002-0432591 OF OFFICIAL RECORDS; THENCE NORTH 75°34'37" EAST 2270.27 FEET (NORTH 75°35'00" EAST 2270.27 FEET RECORD PER DOC. NO. 2002-0432591) TO THE WESTERLY LINE OF SAID LOT "D" AND THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN DOC. NO. 2002-0432591; THENCE NORTH 12°57'25" WEST 576.81 FEET TO AN ANGLE POINT IN SAID REFERENCE NO. 1; THENCE FOLLOWING ALONG THE BOUNDARY OF SAID REFERENCE NO. 1, NORTH 89°55'27" EAST 1965.10 FEET; THENCE SOUTH 00°04'18" EAST 1860.62 FEET; THENCE NORTH 89°26'55" WEST (NORTH 89°26'32" WEST RECORD PER REFERENCE NO. 1) 890.19 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID REFERENCE NO. 1 AND THE SOUTHERLY LINE OF SAID LOT "D" TO A POINT ON A NON-TANGENT CURVE HAVING A RADIUS OF 330.00 FEET, CONCAVE SOUTHERLY, A RADIAL THROUGH SAID POINT BEARS NORTH 25°27'56B EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°53'20" AN ARC DISTANCE OF 91.51 FEET; THENCE NORTH 80°25'24" WEST 96.37 FEET; THENCE SOUTH 02°24'17" WEST 41.76 FEET TO THE SOUTHERLY LINE OF REFERENCE NO. 1; THENCE ALONG SAID SOUTHERLY LINE/ NORTH 89°26'55" WEST 1147.81 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 82°38'27" WEST 233.40 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 330.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°48'28" AN ARC DISTANCE OF 39.21 FEET; THENCE NORTH 89°26'55" WEST 300.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 470.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL 12196 ANGLE OF 22°48'59" AN ARC DISTANCE OF 187.16 FEET; THENCE NORTH 66°37'56" WEST 246.82 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 630.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°18'48" AN ARC DISTANCE OF 322.32 FEET; THENCE NORTH 15°47'25" WEST 320.23 FEET; THENCE NORTH 84°25'10" WEST 394.34 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS AN AREA OF 119.863 ACRES, MORE OR LESS. PREPARED BY: DATE GEORCgg &OQ 6 32014 APN 168-050-46 OVKNER: CARLSBAD UNIFIED SCHOOL DISTRICT DOC. 1998-0543227 ft 1998-0543228 SEE SHEET 8 FOR EASEMENT LEGEND SCALE: 1" = 600* N 89*55'27'E 1965.10' PARCEL C _0119.863 ACRES +/-°>y C 8475'10'W 394.34' N 15*47'25"W 320.23'N B9*26'55"W 300.78' A-6'48'28" R-330.00' L-39.2V PARCEL B SEE SHEET 5 'i R.O.S. 17348C/L COLLEGE BLVD. 102* WIDE, PER PM 17985 ft DOC. 1998-0055998 12202 POR. LOT "D" & "E" , MAP NO. 823 DESCRIBED IN DOC. 95-0100176-v \ \\ C S 0274'] 7"W N 80-25'24-W * 41.76' ^9t A«15-53'20" -330.00' — 890.19' 1073.97' •EXISTING LOT UNES PER DOC. NOS. 89-561719, 95-0100176, 2000-0699587 & 2001-0167132 O.R. AND PARCEL MAP NO. 17985 TO BE REMOVED PARCEL A SEE SHEET 4 • POR.. LOT "B", MAP NO. 823 DESCRIBED AS PCL. 1 IN DOC. NO. 2000-0699587 it SHOW AS REMAINDER PCL. ON PM 17985 •POR. LOT "B". MAP NO, 823 DESCRIBED AS PCL. 1 IN DOC. NOS. 89-561719 & 2001-0167132 O.R. SHEET 6 OF 8 SHEETS ADJUSTMENT PLAT - CITY OF CARLSBAD No. 00-14 APPLICANT: THE BENTLEY-MONARCH JOINT VENTURE 7449 MAGELLAN ST. CARLSBAD, CA 92009 PREPARED BY: 0 DAY/ / R.C.E. 32014^ EXPIRES: 12-31-06 APN 209-070-01 A 02 APN 209-060-60 f tfONRAD C. HAMMANN R.C.E. 33069 EXPIRES: 6-30-08 APN /£& -050-49 it 51 -050-06 & 07 ©2006 CTDoy Consultants. Inc.Oct 03. 20M Xreh 0374PAW 0374PAOiMMP