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HomeMy WebLinkAbout1998-08-05; Planning Commission; Resolution 4337I. 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 0 PLANNING COMMISSION RESOLUTION NO. 4337 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF PARK DRIVE, SOUTH OF TAMARACK AVENUE AND NORTH OF HILLSIDE ’ DRIVE lN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: SEVERINO RESIDENCE CASE NO.: CDP 98-40 WHEREAS, Ronald Severino, “Developer”, has filed a verified applicat the City of Carlsbad regarding property owned by Ronald Severino, “Owner”, described COASTAL DEVELOPMENT PERMIT NO. CDP 98-40 ON Parcel 3 of parcel map no. 16177, in the City of Carlsbad, in the County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, August 3, 1990 as file no. 426725 of official records. (“the Property”); and WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibits “A” - “D” dated August 5, 1998, on fill Planning Department, SEVERINO RESIDENCE, CDP 98-40 as provided by 2 1.20 1.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of August 191 a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all te! and arguments, if any, of all persons desiring to be heard, said Commission considered al: relating to the Coastal Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the F Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. e 0 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 B) That based on the evidence presented at the public hearing, the Con APPROVES SEVEFUNO RESIDENCE, CDP 98-40 based on the fc findings and subject to the following conditions: Findinas: 1. That the proposed development is in conformance with the Certified Local Program and all applicable policies in that the site is designated for res development. The proposed single family residence meets the applicable st of the LCP. 2. The proposed development is located in the Coastal Resource Protection ( Zone. However, due to its location and the absence of slopes steeper thr inclination and/or native vegetation, additional standards or findings do not : 3. The Planning Director has determined that the proposed project is exem] environmental review subject to CEQA Categorical Exemption 15303 (singlc construction). 4. All necessary public improvements have been provided or will be required as co of approval. 5. The Developer has agreed and is required by the inclusion of an appropriate conc 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 required 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 ad requirements established by a Local Facilities Management Plan prepared pur: Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availa 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 issuec project unless the District Engineer determines that sewer service is availal building cannot occur within the project unless sewer service remains available, District Engineer is satisfied that the requirements of the Public Facilities Elemel General Plan have been met insofar as they apply to sewer service for this 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 cor and modifications to the document(s) necessary to make them internally consisten conformity with final action on the project. Development shall occur substanl PC RES0 NO. 4337 -2- 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 0 e shown in the approved Exhibits. Any proposed development different fi approval, shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state, a ordinances in effect at the time of building permit issuance. 3. 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 apl for such sewer permits and will continue to be available until time of occupancy. 4. 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 21.90 of the Carlsbad N 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 thl facilities fee dated June 15, 1998, a copy of which is on file with the City Clel incorporated by this reference. If the fees are not paid, this application wil consistent with the General Plan and approval for this project will be void. 5. The Developer shall provide proof of payment of statutory school fees to conditions of overcrowding as part of the building permit application. The ar these fees shall be determined by the fee schedule in effect at the time of buildin application. 6. If any condition for construction of any public improvements or facilities, or the 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 pro’ Government Code Section 66020. If any such condition is determined to be in1 approval shall be invalid unless the City Council determines that the project wil condition complies with all requirements of law. 7. Prior to the issuance of the building 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 real property owned by the Developer. Said Notice of Restriction shall property description, location of the file containing complete project details conditions of approval as well ‘as any conditions or restrictions specified for inc the Notice of Restriction. The Planning Director has the authority to execute ar an amendment to the notice which modifies or terminates said notice upon a shc good cause by the Developer or successor in interest. 8. The applicant shall apply for and be issued building permits for this project wj (2) years of approval or this coastal development permit will expire unless exte Section 21.201.21 0 of the Zoning Ordinance. PC RES0 NO. 4337 -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 0 0 9. 10. 11. 12. 13. 14. 15. 16. 17. Prior to hauling dirt or construction materials to or fiom any proposed constmc within this project, the developer shall submit to and receive approval from Engineer for the proposed haul route. The developer shall comply with all condit requirements the City Engineer may impose with regards to the hauling operation The developer shall pay all current fees and deposits required. The owner of the subject property shall execute an agreement holding the City 1 regarding drainage across the adjacent property prior to the issuance of 1: permits or grading plan approval, whichever occurs first. No grading shall occur during the winter season (October 1 - April 1). Based upon a review of the proposed grading and the grading quantities shown on plan, a grading permit for this project appears to be required. The developer mus and receive approval for grading plans in accordance with city codes and standa to issuance of a building permit for the project. No grading for private improvements shall occur outside the limits of the project grading or slope easement or agreement is obtained fiom the owners of the properties and recorded. If the developer is unable to obtain the grading ( easement, or agreement, no grading permit will be issued. In that case the develor either amend the site plan or modify the plans so grading will not occur out project site in a manner which substantially conforms to the approved site determined by the City Engineer and Planning Director. Prior to the issuance of a building permit, the developer shall record an er for joint access between the owners of Parcels 2 and 3 for the benefit of sha of the proposed driveway connecting to Park Drive as shown on Exhibit “A”. when access to the future portion of James Drive is provided as shown on : “A”, rights of access to Park Drive must be relinquished for Parcel 3. Relinq access to Park Dive may be accomplished by either quitclaiming the aforeme] joint access easement by separate document or incorporating language into tl access easement stating that access rights for Parcel 3 will automatic: relinquished once access to James Drive is established. Prior to the issuance of a building permit, the developer shall record an ea for cross drainage from Parcel 2 to Parcel 3. Plans, specifications and supporting documents for all improvements shall be prer the satisfaction of the City Engineer. The developer shall install, or agree to ins secure with appropriate security as provided by law, improvements shown tentative parcel map and the following improvements to City Standards to the sati: of the City Engineer: PC RES0 NO. 4337 -4- ll 0 e 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 a. Half street improvements to Park Drive along the frontage of the property (Parcel 3) and Parcel 2. 18. If any of the foregoing conditions fail to occur; or if they are, by their term 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 issuan future building permits; deny, revoke or further condition all certificates of oc issued under the authority of approvals herein granted; institute and prosecute litil 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. NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for conven “fees/exactions.” You have 90 days from August 5, 1998 to protest imposition of these fees/exactions. 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 Man processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc 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/e DOES NOT APPLY to water and sewer connection fees and capacity charges, nor F zoning, grading or other similar application processing or service fees in connection T project; NOR DOES IT APPLY to any feedexactions of which you have previously be a NOTICE similar to this, or as to which the statute of limitations has previously 01 expired. ... ... ... ~ ... ... . .. PC RES0 NO. 4337 -5- e e ? 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the : Commission of the City of Carlsbad, California, held on the 5th day of August, 199t following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, h Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: B e*> 4,; P ;;*;' 4 i:, "\$PI ,A jy, d- $ ii w' - &"&."/""P <dJ:.j%"B %ZLZ 4 $ BAILEY NOB@, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: . u MICHAEL J. HOLZMIL~~R Planning Director PC RES0 NO. 4337 -6-