HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 45130 a
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PLANNING COMMISSION RESOLUTION NO. 4513
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY LOCATED ON THE WEST SIDE
OF HOLLY BRAE LANE, SOUTH OF ALDER AVENUE IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: GILSON RESIDENCE
CASE NO.: CDP 98-67
WHEREAS, Kirk and Nita Gilson, “Developer”, has filed a verified a]
COASTAL DEVELOPMENT PERMIT NO. CDP 98-67 ON
with the City of Carlsbad regarding property owned by Kirk and Nita Gilson,
described as
Parcel B of parcel map no. 17879, 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, July 14,1998, as
file no 1997-0331534 of official records of San Diego County.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “M” dated April 7, 1999, on fi
Planning Department, GILSON RESIDENCE, CDP 98-67, as provided by Chapter 21
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of April, 199
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 a
relating to the CDP.
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.
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B) That based on the evidence presented at the public hearing, the Co
APPROVES GILSON RESIDENCE, CDP 98-67, based on the
findings and subject to the following conditions:
Findinm:
1. That the proposed development is in conformance with the Certified LOG
Program and all applicable policies in that the site is designated for sing.
residential development, the development does not obstruct public 7
otherwise damage the visual beauty of the coastal zone, and no ag~
activities, sensitive resources, geological instability, or coastal access oppc
exist on the site.
2. The project is consistent with the provisions of the Coastal Resource Protectiol
Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhe
City’s Master Drainage and Storm Water Quality Management Plan and
Ordinances to avoid increased runoff and soil erosion. The site is not loca
area prone to landslides, or susceptible to accelerated erosion, fl
liquefaction. The property does not include slopes with gradients eql
greater than 25% gradient. The slopes do not support any endangered plat
species and/or coastal sage scrub and chaparral plant communities and 1
are not considered dual criteria slopes.
3. The Planning Commission of the City of Carlsbad has reviewed, anal;
considered the Negative Declaration (dated November 16, 1998), the envir
impacts therein identified for this project and any comments thereon prior to a
the project. Based on the EIA Part I1 and comments thereon, the Planning COI
finds that there is no substantial evidence the project will have a significant effi
environment and thereby approves the Negative Declaration.
4. The Planning Commission finds that the Negative Declaration (dated NoveI
1998) reflects the independent judgment of the Planning Commission of tht
Carlsbad.
5. All necessary public improvements have been provided or will be required as CI
of approval.
6. The project has been conditioned to ensure the building permits will not be issut
project unless the District Engineer determines that sewer service is avail:
building cannot occur within the project unless sewer service remains available
District Engineer is satisfied that the requirements of the Public Facilities Elemt
General Plan have been met insofar as they apply to sewer service for this projecl
7. The project has been conditioned to provide proof from the Carlsbad Unifiec
District that the project has satisfied its obligation for school facilities.
8. The Developer has agreed and is required by the inclusion of an appropriate cor
pay a public facilities fee. Performance of that contract and payment of the
PC RES0 NO. 45 13 -2-
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enable this body to find that public facilities will be available concurrent wit
required by the General Plan.
9. The project has been conditioned to pay any increase in public facility fel
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
10. That this project could have a potentially significant negative cumulati
impact on the Palomar Airport Road/ El Camino Real intersection. How
project has been conditioned to pay its fair share of the “short-term impro
thereby, guaranteeing implementation of a mitigation measure that re(
potential impact to a level of insignificance.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all c
and modifications to the CDP 98-67 document(s) necessary to make them
consistent and in conformity with final action on the project. Development s
substantially as shown in the approved Exhibits. Any proposed developmen
from this approval, shall require an amendment to this approval.
2. The applicant shall apply for and be issued building permits for this project c.
(2) years of approval or this coastal development permit will expire unless extl
Section 21.201.210 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. Grading is prohibited from October 1 to April 1. The City Engineer may I
extension of the grading season until November 15, 1999 if all prec:
measures regarding erosion, consistent with the City’s grading ordinance, 1
put in place.
5. Approval of CDP 98-67 is granted subject to the approval of HDP 98-14. CDI
subject to all conditions contained in HDP 98-14 for the Hillside Development
6. 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 a]
for such sewer permits and will continue to be available until time of occupancy.
7. The Developer shall pay the public facilities fee adopted by the City Council 01
1987, (amended July 2, 1991) and as amended fiom time to time, and any de\
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 developer’s agreement to pay the public
fee dated October 17, 1999, a copy of which is on file with the City Cle
I PC RES0 NO. 4513 -3 -
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incorporated by this reference. If the fees are not paid, this application w
consistent with the General Plan and approval for this project will be void.
8. Prior to the issuance of a building permit, the Developer shall provide prc
Director from the School District that this project has satisfied its obli
provide school facilities.
9. The Developer shall pay their fair share for the “short-term improvemenl
El Camino Real/ Palomar Airport Road intersection prior to approval of
map or the issuance of a grading permit, whichever occurs first. The ama
be determined by the methodology ultimately selected by Council, includin
limited to, an increase in the city-wide traffic impact fee; an increased or ne
LFMP fee; the creation of a fee or assessment district; or incorporation into
Roos taxing district.
10. If any condition for construction of any public improvements or facilities, or thc
of any fees in-lieu thereof, imposed by this approval or imposed by law on this I
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.
11. Prior to the issuance of building permits, or prior to the approval of a final m
issuance of certificate of compliance for the conversion of existing apartmen
space condominiums, the Developer shall pay to the City an inclusionary housil
fee as an individual fee on a per market rate dwelling unit basis.
12. Prior to hauling dirt or construction materials to or fi-om any proposed constru
within this project, the developer shall submit to and receive approval fi-om
Engineer for the proposed haul route. The developer shall comply with all condl
requirements the City Engineer may impose with regards to the hauling operatio]
13. Prior to approval of any grading or building permits for this project, the owner :
written consent to the annexation of the area shown within the boundarie
subdivision plan into the existing City of Carlsbad Street Lighting and Lar
District No. 1 on a form provided by the City.
14. The developer shall pay all current fees and deposits required.
15. The owner of the subject property shall execute an agreement holding the City
regarding drainage across the adjacent property prior to the issuance of
permits or grading plan approval, whichever occurs first.
General
16. If any of the foregoing conditions fail to occur; or if they are, by their terr
implemented and maintained over time, if any of such conditions fail t
implemented and maintained according to their terms, the City shall have the
~ pc REso No* 4513
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revoke or modify all approvals herein granted; deny or further condition issua
future building permits; deny, revoke or further condition all certificates of o
issued under the authority of approvals herein granted; institute and prosecute
to 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.
Code Reminders:
17. The developer shall exercise special care during the construction phase of this 1
prevent offsite siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
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 April 7, 1999 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 Ma1
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/e
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor I:
zoning, grading or other similar application processing or service fees in connection 7
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 o
expired.
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PC RES0 NO. 4513 -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 7th day of April, 199
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heurc
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
ABSTAIN:
J\
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4513 -6-