HomeMy WebLinkAbout1999-01-06; Planning Commission; Resolution 44451
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PLANNING COMMISSION RESOLUTION NO. 4445
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
ON PROPERTY GENERALLY LOCATED AT THE
NORTHEAST INTERSECTION OF CARLSBAD BOULEVARD
AND ACACIA STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: VIOLA RESIDENCE
CASE NO.: CDP 98-72
WHEREAS, Theodore D. Viola, “Owner”, has filed a verified applica
COASTAL DEVELOPMENT PERMIT NUMBER CDP 98-72
the City of Carlsbad regarding property described as
Portion of Lot 6, Block “D” of Palisades, Map No. 1747
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “C” dated January 6, 1999, on f
Planning Department, VIOLA RESIDENCE, CDP 98-72, as provided by Chapter 21
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of January l!
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 :
relating to CDP 98-72.
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 Co:
APPROVES VIOLA RESIDENCE, CDP 98-72, based on the following
and subject to the following conditions:
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Findinp:
1. That the proposed development is in conformance with the Mello I1 segmej
Certified Local Coastal Program and all applicable policies in that the site is de
for single or multiple family residential development and the development
of the demolition of a single family residence and construction of a new sing
residence on a previously subdivided lot, the development does not obstruct
otherwise damage the visual beauty of the coastal zone and no agr
activities, sensitive resources, geologic instability, or coastal access oppo
exist on the 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 pra
adhere to the City's Master Drainage and Storm Water Quality Managem
and Grading Ordinance to avoid increased runoff and soil erosion, no stec
or native vegetation is located on the subject property and the site is not I(
an area prone to landslides, or susceptible to accelerated erosion, f
liquefaction.
3. That the Planning Director has determined that the project is exempt
requirements of the California Environmental Quality Act (CEQA) per Sectior
15303, and 15304 of the state CEQA Guidelines and will not have any adverse s
impact on the environment.
4. All necessary 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 issul
project unless the District Engineer determines that sewer service is avail;
building cannot occur within the project unless sewer service remains availablt
District Engineer is satisfied that the requirements of the Public Facilities Elemi
General Plan have been met insofar as they apply to sewer service for this projec
6. Statutory School fees will be paid to ensure the availability of school faciliti
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 wit1
required by the General Plan.
8. 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 :
requirements established by a Local Facilities Management Plan prepared p~
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avai'
public facilities and will mitigate any cumulative impacts created by the project.
PC RES0 NO. 4445 -2-
a a
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Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cc
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 different from this approval, shall require an amendment to this app
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 u
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 Developer shall pay the public facilities fee adopted by the City Council or
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 R
Code or other ordinance adopted to implement a growth management system or
and Improvement Plan and to fulfill the subdivider’s agreement to pay tl
facilities fee dated October 1,1998, a copy of which is on file with the City Ch
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 buildil
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 prc
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 w
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, notifylng all interested parties and successors in intere:
City of Carlsbad has issued a Coastal Development Permit by Resolution No
PC RES0 NO. 4445 -3-
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the property owned by the Developer. Said Notice of Restriction shall note the
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 I
Restriction. The Planning Director has the authority to execute and record an an:
to the notice which modifies or terminates said notice upon a showing of good
the Developer or successor in interest.
EnEineerin?:
9. Prior to hauling dirt or construction materials to or from any proposed constru
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condi
requirements the City Engineer may impose with regards to the hauling operatior
10. The developer shall pay all current fees and deposits required.
11. Prior to issuance of building permit, the applicant shall obtain a City right-of-w;
for installation of the driveway apron and removal and replacement of the streel
Acacia Street.
12. The developer shall exercise special care during the construction phase of this I
nrpxrpnt nffcitp ciltatinn Plantino and prncinn rnntrnl chall he nrnvirlerl in ar
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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 feed
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
project; NOR DOES IT APPLY to any feedexactions of which you have previously bee
NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 6th day of January 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, H
L’Heureux, Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
ATTEST:
. i%$
MICHAEL J. HOLZMILLER
Planning Director
PC RES0 NO. 4445 -5-