HomeMy WebLinkAbout1998-09-02; Planning Commission; Resolution 4363,I
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PLANNING COMMISSION RESOLUTION NO. 4363
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 NO.: CDP 98- 15
WHEREAS, Magnificent Seven Limited Development, “Developer”, hi
verified application with the City of Carlsbad regarding property owned by Magnificer
Limited Partnership, “Owner”, described as
COASTAL DEVELOPMENT PERMIT NO. CDP 98-15 ON
CASE NAME: SAMMIS-ROSALENA LOT 22
Lot 22 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” - “L” dated September 2, 1998, on fil
Planning Department, SAMMIS-ROSALENA Lot 22, CDP 98-15 as provided by
2 1.20 1.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of Septembe
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 te:
and arguments, if any, of all persons desiring to be heard, said Commission considered all
relating to the CDP and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
Commission of the City of Carlsbad as follows:
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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 22, CDP 98-15, 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 a€
requirements of the Poinsettia Shores Master Plan which is the approved
zone land use implementation document for the project site.
2. The proposal is in conformity with the public access and recreation policies of C
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 Overl.
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 fi
requirements of the California Environmental Quality Act (CEQA) per Section
and 15304 of the state CEQA Guidelines and will not have any adverse sii
impact on the environment.
5. 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 project.
6. Statutory School fees will be paid to ensure the availability of school facilitie
Carlsbad School District.
7. All necessary public improvements have been provided or are required as condi
approval.
8. 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.
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 ad
PC RES0 NO. 4363 -2-
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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 p
Local Facilities Management Plan for Zone 9.
I 1. 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 co
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, a
ordinances in effect at the time of building permit issuance.
3. The Developer/Operator shall and does hereby agree to indemnify, protect, del
hold harmless the City of Carlsbad, its Council members, officers, employees, agc
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 Pel
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein, a
Developer/Operator’s installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emission
facility of electromagnetic fields or other energy waves or emissions.
4. Building permits will not be issued for development of the subject property un
District Engineer determines that sewer facilities are available at the time of apy
for such sewer permits and will continue to be available until 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 fiom time to time, and any deve
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad M
Code or other ordinance adopted to implement a growth management system or F
and Improvement Plan and to fulfill the subdivider’s agreement to pay the
facilities fee dated February 3, 1998, a copy of which is on file with the City CI
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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 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 expirc
8 extended per Section 21.201.210 of the Zoning Ordinance.
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8. Prior to issuance of a building permit for Lot 22, 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.
9. Prior to issuance of a building permit for any improvements within the
blufftop setback for Lot 22, the Batiquitos Lagoon bluff trail shall be constrl
the satisfaction of the City Engineer and Planning Director; or a letter fr
Coastal Commission must be provided indicating that the proposed re
improvement(s) are allowed prior to construction of the bluff trail.
10. The Developer shall provide proof of payment of statutory school fees to
conditions of overcrowding as part of the building permit application. The arr
these fees shall be determined by the fee schedule in effect at the time of building
application.
11. Prior to the issuance of the Building Permit, Developer shall submit to the City 2
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
City of Carlsbad has issued a CDP 98-15 by Resolution No. 4363 on the real I
owned by the Developer. Said Notice of Restriction shall note the property desc
location of the file contahing complete project details and all conditions of appl
well as any conditions or restrictions specified for inclusion in the Notice of Res
The Planning Director has the authority to execute and record an amendment to thl
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which modifies or terminates said notice upon a showing of good cause by the D
or successor in interest.
Engineering;:
12. The developer shall pay all current fees and deposits required.
13. The owner of the subject property shall execute an agreement holding the City 1
regarding drainage across the adjacent property.
14. Prior to hauling dirt or construction materials to or from the site, the develo]
submit to and receive approval from the City Engineer for the proposed haul ro1
developer shall comply with all conditions and requirements the City Engin
impose with regards to the hauling operation.
15. The developer shall exercise special care during the construction phase of this 1:
prevent offsite siltation. Planting and erosion control shall be provided in acl
with the Carlsbad Municipal code and the City Engineer.
16. Rain gutters must be provided to convey roof drainage to an approved drainage c
street. The developer shall submit a letter from the project Soils Engineer suppo
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:
17. 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 issuanc
future building permits; deny, revoke or further condition all certificates of oc,
issued under the authority of approvals herein granted; institute and prosecute litig
compel their compliance with said conditions or seek damages for their viola1
vested rights are gained by Developer or a successor in interest by the City’s app
this Coastal Development Permit.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” t
dedications, reservations, or other exactions hereafter collectively referred to for conven
“fees/exactions.”
You have 90 days from September 2,1998, 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 Man;
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc
PC RES0 NO. 4363 -5-
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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 be
a NOTICE similar to this, or as to which the statute of limitations has previously c
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:
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BAILEY NWE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4363 -6-