HomeMy WebLinkAbout1998-08-05; Planning Commission; Resolution 4337I.
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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.
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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-
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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 -
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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-
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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.
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PC RES0 NO. 4337 -5-
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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:
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;;*;' 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-