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HomeMy WebLinkAbout1998-09-02; Planning Commission; Resolution 43627 9 0 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 PLANNING COMMISSION RESOLUTION NO. 4362 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PROPERTYGENERALLYLOCATEDNEARTHETERMINUS OF NAVIGATOR CIRCLE, IN THE ROSALENA SUBDIVISION OF THE POINSETTIA SHORES MASTER PLAN IN LOCAL FACILITIES MANAGEMENT ZONE 9. CASE NAME: SAMMIS-ROSALENA LOT 21 CASE NO.: CDP 98-16 WHEREAS, Magnificent Seven Limited Development, “Developer”, h verified application with the City of Carlsbad regarding property owned by Magnifice: Limited Partnership, “Owner”, described as COASTAL DEVELOPMENT PERMIT NO. CDP 98-16 ON Lot 21 of Carlsbad Tract 85-14 Phase I, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 11616, filed in the office of the County Recorder of San Diego County on September 12,1986. (“the Property”); and WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibits “A” - “K” dated September 2, 1998, on fi Planning Department, SAMMIS-ROSALENA LOT 21, CDP 98-16, as provided by 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of Septembc 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 tt and arguments, if any, of all persons desiring to be heard, said Commission considered a1 relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the I Commission of the City of Carlsbad as follows: I 0 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Cor APPROVES SAMMIS-ROSALENA LOT 21, CDP 98-16, based following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Program and all applicable policies in that the project complies with all a1 requirements of the Poinsettia Shores Master plan which is the approvea zone land use implementation document for the project site. 2. The proposal is in conformity with the public access and recreation policies of ( of the Coastal Act in that consistent with the Poinsettia Shores Master P project has been conditioned to dedicate to the City a 10’ wide trail easeme the rear of the subject property for the purpose of constructing a Batiquitos bluff top trail. 3. The project is in conformance with the Coastal Resource Protection Over1 in that the project is a single-family house on a previously subdivided lot impact or potential to impact coastal resources. 4. That the Planning Director has determined that the project is exempt 1 requirements of the California Environmental Quality Act (CEQA) per Sectior and 15304 of the state CEQA Guidelines and will not have any adverse si, impact on the environment. 5. 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 6. Statutory School fees will be paid to ensure the availability of school facilitit Carlsbad School District. 7. All necessary public improvements have been provided or are required as conc approval. 8. 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 required by the General Plan. 9. 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 PC RES0 NO. 4362 -2- c. 0 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 requirements established by a Local Facilities Management Plan prepared pu Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail public facilities and will mitigate any cumulative impacts created by the project. 10. This project has been conditioned to comply with any requirement approved as F Local Facilities Management Plan for Zone 9. 11. The Planning Commission has reviewed each of the exactions imposed on the C contained in this resolution, and hereby finds, in this case, that the exactions are to mitigate impacts caused by or reasonably related to the project, and the exten degree of the exaction is in rough proportionality to the impact caused by the pro- Conditions: 1. Staff is authorized and directed to make, or require the Developer to make, all cc and modifications to the Coastal Development Permit documents as necessary them internally consistent and in conformity with the final action on the Development shall occur substantially as shown on the approved Exhibits. Any 1 development different from this approval, shall require an amendment to this app 2. The Developer shall comply with all applicable provisions of federal, state, s ordinances in effect at the time of building permit issuance. 3. The Developer/Operator shall and does hereby agree to indemnify, protect, de hold harmless the City of Carlsbad, its Council members, officers, employees, ag representatives, from and against any and all liabilities, losses, damages, demand and costs, including court costs and attorney’s fees incurred by the City arising or indirectly, from (a) City’s approval and issuance of this Conditional Use PE City’s approval or issuance of any permit or action, whether discretionary discretionary, in connection with the use contemplated herein, 2 Developer/Operator’s installation and operation of the facility permitted including without limitation, any and all liabilities arising from the emissior facility of electromagnetic fields or other energy waves or emissions. 4. Building permits will not be issued for this project unless the local agency p water and sewer services to the project provides written certification to the ( adequate water service and sewer facilities, respectively, are available to the projc time of the application for the building permits, and that water and sewer cap1 facilities will continue to be available until the time of occupancy. 5. 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 N Code or other ordinance adopted to implement a growth management system or 1 and Improvement Plan and to fulfill the subdivider’s agreement to pay thi PC RES0 NO. 4362 -3 - I. ll 0 a 1 2 3 4 5 6 7 8 9 facilities fee dated February 3, 1998, a copy of which is on file with the City ( 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. 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 in7 approval shall be invalid unless the City Council determines that the project wi condition complies with all requirements of law. 7. The applicant shall apply for and be issued building permits for this projec two (2) years of approval or this coastal development permit will expir extended per Section 21.201.210 of the Zoning Ordinance. 10 11 12 13 14 15 16 8. Prior to issuance of a building permit for Lot 21, the project applicant required to make an irrevocable offer of dedication of a 10 foot wide trail e upon the subject property for the Batiquitos Lagoon bluff trail to the satisfi the City Engineer. Trail dedications shall be accepted by the City of Carlsb: City agrees and it adopts a Citywide Trials Program that includes provis maintenance and liability. Otherwise, prior to the issuance of any building 1 the obligation for acceptance, construction, maintenance, and liability shal responsibility of another agency designated by the City or the responsibilit Homeowners Association. Upon acceptance of the dedication, including nance and liability responsibilities, and completion of the trail improveme trail shall be open for public use. l7 18 9. Prior to issuance of a building permit for any improvements within the blufftop setback for Lot 21, the Batiquitos Lagoon bluff trail shall be constrl the satisfaction of the City Engineer and Planning Director; or a letter fr 19 Coastal Commission must be provided indicating that the proposed re 20 II improvement@) are allowed prior to construction of the bluff trail. 21 22 23 11. The Developer shall provide proof of payment of statutory school fees to 1 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 buildin1 24 application. 25 12. Prior to the issuance of the Building Permit, Developer shall submit to the City a 26 of Restriction to be filed in the office of the County Recorder, subject to the sati: of the Planning Director, notifying all interested parties and successors in interest 27 City of Carlsbad has issued a CDP 98-16 by Resolution No. 4362 on the real 1 10. The maximum building height for Lot 21 is 18 feet. 28 I( PC RES0 NO. 4362 -4- I. 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 owned by the Developer. Said Notice of Restriction shall note the property de location of the file containing complete project details and all conditions of ap well as any conditions or restrictions specified for inclusion in the Notice of Rc The Planning Director has the authority to execute and record an amendment to I which modifies or terminates said notice upon a showing of good cause by the I or successor in interest. Eneineeriw: 13. The developer shall pay all current fees and deposits required. 14. The owner of the subject property shall execute an agreement holding the City regarding drainage across the adjacent property. 15. Prior to hauling dirt or construction materials to or from the site, the develo submit to and receive approval fiom the City Engineer for the proposed haul ro developer shall comply with all conditions and requirements the City Engir impose with regards to the hauling operation. 16. The developer shall exercise special care during the construction phase of this J prevent offsite siltation. Planting and erosion control shall be provided in act with the Carlsbad Municipal code and the City Engineer. 17. Rain gutters must be provided to convey roof drainage to an approved drainage ( street. The developer shall submit a letter from the project Soils Engineer suppc proposed 3’ distance to drainage swale form building, to the satisfaction of Engineer. If not approved by the Soils Engineer, the project shall be redes conform to City Standards. General: 18. 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 issuan future building permits; deny, revoke or fiu-ther condition all certificates of oc 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 apl this Coastal Development Permit. ... ... ... PC RES0 NO. 4362 -5- I .. a 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” dedications, reservations, or other exactions hereafter collectively referred to for conve “fees/exactions.” You have 90 days from September 2,1998, to protest imposition of these feedexactior, 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 Mal processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure I 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 1 zoning, grading or other similar application processing or service fees in connection project; NOR DOES IT APPLY to any feedexactions of which you have previously bc a NOTICE similar to this, or as to which the statute of limitations has previously o expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the : Commission of the City of Carlsbad, California, held on the 2nd day of September, 199 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, a~ Monroy NOES: ABSENT: Commissioners Nielsen, Savary, and Welshons ABSTAIN: ,Q w> /& &&&+ @-“j 6‘ 1 &,J? +%& 9c BAILEY NOB;&, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director 1 PC RES0 NO. 4362 -6- I