HomeMy WebLinkAbout1998-11-04; Planning Commission; Resolution 4413*
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PLANNING COMMISSION RESOLUTION NO. 4413
A PISOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NO. CDP 98-57 ON
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF TAMARACK AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: SISSON RESIDENCE
CASE NO.: CDP 98-57
WHEREAS, Craig Sisson, “Developer”, has filed a verified application
City of Carlsbad regarding property owned by Craig Sisson, “Owner”, described as
Portion of Tracts 232 & 237 of Thum Lands, Map 1681
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A”-“F” dated November 4, 1998, on f
Planning Department, SISSON RESIDENCE, CDP 98-57 as provided by Chapter 21
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of Novemb
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 t
and arguments, if any, of all persons desiring to be heard, said Commission considered 2
relating to CDP 98-57.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cor
APPROVES SISSON RESIDENCE, CDP 98-57 based on the following
and subject to the following conditions:
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Findings:
1. That the proposed development is in conformance with the Mello I1 segmel
Certified Local Coastal Program and all applicable policies in that the site is dc
for single family residential development and the development is a single fami
on a previously subdivided lot, the development does not obstruct 7
otherwise damage the visual beauty of the coastal zone and no agr
activities, sensitive resources, geological instability or coastal access oppo
exist on site.
2. The project is consistent with the provisions of the Coastal Resource PI
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the pro
adhere to the City’s Master Drainage and Storm Water Quality Managem
and Grading Ordinance to avoid increased runoff and soil erosion, no stee
or native vegetation is located on the subject property and the site is not IC
an area ]prone to landslides, or susceptible to accelerated erosion, fl
liquefaction.
3. That the Planning Director has determined that the project is exempt j
requirements of the California Environmental Quality Act (CEQA) per Section
the state CEQA Guidelines and will not have any adverse significant impac
environment.
4. All necess;ary public improvements have been provided or will be required as c(
of approval.
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 projeci
6. Statutory School fees will be paid to ensure the availability of school facilitij
Carlsbad Unified School District.
7. The Developer has agreed and is required by the inclusion of an appropriate COI
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 b:y the General Plan.
8. The project has been conditioned to pay any increase in Public Facility Fees
construction tax, or development fees, and has agreed to abide by any a
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.
PC RES0 NO. 44p13 -2-
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Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all c(
and modifications to the Coastal Development Permit document(s) necessary
them internally consistent and in conformity with final action on the
Development shall occur substantially as shown in the approved Exhibits. Any
development substantially different from this approval, shall require an amen
this approval.
2. Building permits shall be issued for this project within two (2) years of apy
this Coastal Development Permit will expire unless extended per Section 21
of the Zoning Ordinance.
3. The Developer shall comply with all applicable provisions of federal, state, ;
ordinances in effect at the time of building permit issuance.
4. Building permits will not be issued for development of the subject property 1;
District Engineer determines that sewer facilities are available at the time of ay
for such sewer permits and will continue to be available until time of occupancy.
5. The Develloper shall pay the Public Facilities Fee adopted by the City Council 01
1987, (amended July 2, 1991) and as amended from time to time, and any dev
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad 1
Code or other ordinance adopted to implement a growth management system or
and Improvement Plan and to fulfill the subdivider’s agreement to pay th
facilities fee dated August 5th, 1998, a copy of which is on file with the City Ck
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. The Developer shall provide proof of payment of statutory school fees to
conditions of overcrowding as part of the building permit application. The a
these fees shall be determined by the fee schedule in effect at the time of buildir
application.
7. 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 r’
housing project are challenged this approval shall be suspended as pro
Government Code Section 66020. If any such condition is determined to be in.
approval shall be invalid unless the City Council determines that the project wi
condition complies with all requirements of law.
8. 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 sa
of the Planning Director, notifying all interested parties and successors in interes
City of Calsbad has issued a Coastal Development Permit by Resolution No.
the property owned by the Developer. Said Notice of Restriction shall note the
PC RES0 NO. 44.13 -3 -
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description, location of the file containing complete project details and all conc
approval as well as any conditions of restrictions specified for inclusion in the
Restriction. The Planning Director has the authority to execute and record an an
to the notilce which modifies or terminates said notice upon a showing of good
the Developer or successor in interest.
9. If any of the foregoing conditions fail to occur; or if they are, by their ten.
implemented and maintained over time, if any of such conditions fail 1
implemented and maintained according to their terms, the City shall have thc
revoke or modify all approvals herein granted; deny or further condition issusu
future building permits; deny, revoke or further condition all certificates of 0’
issued under the authority of approvals herein granted; institute and prosecute lit:
compel their compliance with said conditions or seek damages for their viol:
vested rights are gained by Developer or a successor in interest by the City’s ap
this Coastal Development Permit.
Engineering;:
10. Prior to iissuance of any building permit, the developer shall comply 7
requirements of the City’s anti-graffiti program for wall treatments if and whe
program is formerly established by the City.
1 1. Prior to hading dirt or construction materials to or from any proposed construc
within this project, the developer shall submit to and receive approval from
Engineer fix the proposed haul route. The developer shall comply with all condi
requirements the City Engineer may impose with regards to the hauling operatior
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 :
regarding drainage across the adjacent property prior to the issuance of I
permit.
14. Prior to approval of any grading or building permits for this project, the owner s
written consent to the annexation of the area shown within the boundarie
subdivision plan into the existing City of Carlsbad Street Lighting and Lan
District No. 1 on a form provided by the City.
15. The applilcant shall offer for dedication 20 feet of property frontage to the
the purpose of street right-of-way. Said easement boundary is described on
plan exhibit for CT 87-4, on file with the City of Carlsbad Planning Dep:
Said offer of dedication must be processed through the City of Carlsl
recorded with the County Recorder prior to the issuance of building permits
1 PC RES0 NO. 4413 -4-
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1 NOTICE
2 Please take NOTICE that approval of your project includes the “imposition”
“fees/exactions.” 3 dedications, reservations, or other exactions hereafter collectively referred to for conve
4 You have 90 days from November 4, 1998 to protest imposition of these feedexaction
5 protest them, you must follow the protest procedure set forth in Government Cod1
66020(a), and file the protest and any other required information with the City Ma
6 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
follow that procedure will bar any subsequent legal action to attack, review, set aside 7 annul their imposition.
8 You are hereby FURTHER NOTIFIED that your right to protest the specified feed
9 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection 10 project; NOR DOES IT APPLY to any feedexactions of which you have previously bc
11 a NOTICE similar to this, or as to which the statute of limitations has previously I
expired.
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PC RES0 NO. 4413 -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 4th day of November, 195
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman,
Nielsen, Savary, and Welshons
NOES:
ABSENT:
BSTAIN:
BAILEY NOgE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 44 13 -6-