HomeMy WebLinkAbout1998-06-17; Planning Commission; Resolution 4307H.
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PLANNING COMMISSION RESOLUTION NO. 4307
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT NO. CDP 98-17 ON
PROPERTY GENERALLY LOCATED AT 4160 SUNNYHILL
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: GUNTER RESIDENCE
CASE NO.: CDP 98-17
WHEREAS, Tim and Ann Gunter, “Developer”, has filed a verified application
with the City of Carlsbad regarding property owned by Tim and Ann Gunter, husband and
wife as community property, “Owner”, described as
Lot 77 of Carlsbad Highlands No. 2, in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 2825, filed in the Office of the County Recorder of
said County, December 5,195l.
(“the Property”); and
WHEREAS, said verified application- constitutes a request for a Coastal
Development Permit as shown on Exhibits “A ” -“J” dated May 1, 1998, on file in the Planning
Department, GUNTER RESIDENCE, CDP 98-17 as provided by Chapter 21.201.040 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of June 1998, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Con
APPROVES GUNTER RESIDENCE, CDP 98-17, based on the fc
findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Mello I1 segmen
Certified Local Coastal Program and all applicable policies in that the site is der
for single family residential development, second dwelling units are
pursuant to Mello I1 Affordable Housing Policy 1-1, the development C
obstruct views or otherwise damage the visual beauty of the coastal zone
agricultural activities, sensitive resources, geologic instability or coasta
opportunities exist on site.
2. The project is consistent with the provisions of the Coastal Resource Pr
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the proj
adhere to the City’s Master Drainage and Storm Water Quality Managemt
and Grading Ordinance to avoid increased runoff and soil erosion, no steel
or native vegetation is located on the subject property and the site is not 101
an area prone to landslides, or susceptible to accelerated erosion, flc
liquefaction.
3. That the Planning Director has determined that the project is exempt fi
requirements of the California Environmental Quality Act (CEQA) per Section 1
the state CEQA Guidelines and will not have any adverse significant impac
environment.
4. All necessary public improvements have been provided or will be required as cc
of approval.
5. The Developer has agreed and is required by the inclusion of an appropriate con
pay a public facilities fee. Performance of that contract and payment of the
enable this body to find that public facilities will be available concurrent with need as
by the General Plan.
6. The project has been conditioned to pay any increase in public facility fee,
construction tax, or development fees, and has agreed to abide by any a(
requirements established by a Local Facilities Management Plan prepared pur
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avails
public facilities and will mitigate any cumulative impacts created by the project.
7. The project has been conditioned to ensure the building permits will not be issue
project unless the District Engineer determines that sewer service is availa
building cannot occur within the project unless sewer service remains available.
District Engineer is satisfied that the requirements of the Public Facilities Eleme
General Plan have been met insofar as they apply to sewer service for this project
PC RES0 NO. 4307 -2-
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8. Statutory School fees will be paid to ensure the availability of school facilitie
Carlsbad Unified School District.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all correct
modifications to the document(s) as necessary to make them internally consister
conformity with final action on the project. Development shall occur substan
shown in the approved Exhibits. Any proposed development different from this a
shall require an amendment to this approval.
2. The applicant shall apply for and be issued building permits for this projec
two (2) years of approval or this coastal development permit will expirl
extended per Section 21.201.210 of the Zoning Ordinance.
3. Prior to the issuance of building permits, the applicant shall apply for and 4
grading permit issued by the City Engineer.
4. The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
5. Building permits will not be issued for development of the subject property UI
District Engineer determines that sewer facilities are available at the time of ap;
for such sewer permits and will continue to be available until time of occupancy.
6. The Developer shall pay the public facilities fee adopted by the City Council on
1987, (amended July 2, 1991) and as amended from time to time, and any deve
fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad R/
Code or other ordinance adopted to implement a growth management system or I
and Improvement Plan and to fulfill the subdivider's agreement to pay ths
facilities fee dated February 3, 1998, a copy of which is on file with the City C
is incorporated by this reference. If the fees are not paid, this application wi:
consistent with the General Plan and approval for this project will be void.
7. The Developer shall provide proof of payment of statutory school fees to
conditions of overcrowding as part of the building permit application. The an
these fees shall be determined by the fee schedule in effect at the time of buildin
application.
23 8. If any condition for construction of any public improvements or facilities, or the
24 of any fees in-lieu thereof, imposed by this approval or imposed by law on this re
housing project are challenged this approval shall be suspended as pro7
25 Government Code Section 66020. If any such condition is determined to be im
approval shall be invalid unless the City Council determines that the project wil 26 condition complies with all requirements of law.
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Engineering
9. Consistent with subsection 21.203.040(4)(e) of the Carlsbad Municipal <
grading shall be allowed during the winter season (October 1 - April 1).
10. The developer shall pay all current fees and deposits required.
11. Prior to hauling dirt or constructions materials to or from any proposed constru
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condil
requirements of the City.
12. Plans, specifications and supporting documents for all public improvements
prepared to the satisfaction of the City Engineer. In accordance with City Stand
developer shall install, or agree to install and secure with appropriate security as
by law, the following improvements:
Prior to issuance of a building permit the applicant shall enter into a lier
contract with the City for the future improvement of Sunnyhill Drivr
along the project frontage for a half street width of 30’. Public
improvements shall include but not limited to paving, base, sidewalks
curb and gutters, medians, grading, clearing and grubbing
undergrounding or relocation of utilities, sewer, water, fire hydrants;
street lights and retaining walls.
Improvements listed above shall be constructed within 18 months of approv:
secured improvement agreement or such other time as provided in said agreemeni
General
13. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuar
future building permits; deny, revoke or fkrther condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their viola
vested rights are gained by Developer or a successor in interest by the City’s apI
this Coastal Development Permit.
14. Prior to the issuance of the grading permit, Developer shall submit to the City
of Restriction to be filed in the office of the County Recorder, subject to the sat
of the Planning Director, notifying all interested parties and successors in interes
City of Carlsbad has issued a Coastal Development Permit by Resolution No.
the property owned by the Developer. Said Notice of Restriction shall note the
description, location of the file containing complete project details and all cond 1
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approval as well as any conditions of restrictions specified for inclusion in the F
Restriction. The Planning Director has the authority to execute and record an am1
to the notice which modifies or terminates said notice upon a showing of good (
the Developer or successor in interest.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conver
“fees/exactions.”
You have 90 days from June 17, 1998 to protest imposition of these feedexactions.
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/€
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor I
zoning, grading or other similar application processing or service fees in connection 7
project; NOR DOES IT APPLY to any fees/exactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously a
expired.
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PC RES0 NO. 4307 -5-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the I
Commission of the City of Carlsbad, California, held on the 17th day of June 1998
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman,
Monroy, Savary, and Welshons
NOES: Commissioner Nielsen
ABSENT:
ABSTAIN:
BAILEY NOFE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
v MICHAEL J. HOLZ&LER
Planning Director
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