HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 4525ll 0 0
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PLANNING COMMISSION RESOLUTION NO. 4525
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
ON PROPERTY GENERALLY LOCATED AT 5 136 SHORE
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: COURY RESIDENCE
CASE NO.: CDP 98-80
WHEREAS, Rob and Lilly Coury, “Developer” and “Owner”, hav
COASTAL DEVELOPMENT PERMIT NUMBER CDP 98-80
verified application with the City of Carlsbad regarding property described as
Lot 3 of Unit No. 1 of Terramar, according to Map thereof No.
2696 on file with the County Recorder of the County of San
Diego
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “B” dated April 7, 1999, on fi
Planning Department, COURY RESIDENCE, CDP 98-80 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.
B) That based on the evidence presented at the public hearing, the COI
APPROVES COURY RESIDENCE, CDP 98-80 based on the 1
findings and subject to the following conditions:
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’ Findinps:
1. That the proposed development is in conformance with the Certified Local
Program and all applicable policies in that the site is designated for sing1
residential development, the development does not obstruct public 7
otherwise damage the visual beauty of the coastal zone, and no agr
activities, sensitive resources, geological instability, or coastal access oppo
exist on the site.
6 2. The project is consistent with the provisions of the Coastal Resource Protectior
7 Zone (Chapter 21.03 of the Zoning Ordinance) in that the site does not conta
over 25% in inclination or native plants.
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3. All necessary public improvements have been provided or will be required as c 9
pay a public facilities fee. The Developer has agreed and is required by the inc 11
of approval.
payment of the fee will enable this body to find that public facilities will be 12
lo 4. The Developer has agreed and is required by the inclusion of an appropriate cor
an appropriate condition to pay a public facilities fee. Performance of that con
concurrent with need as required by the General Plan. 13
14 5. 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
15 requirements established by a Local Facilities Management Plan prepared pu
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail
16 public facilities and will mitigate any cumulative impacts created by the project.
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6. The project has been conditioned to ensure the building permits will not be issuc
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 Elemc
General Plan have been met insofar as they apply to sewer service for this projecr
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. That this project could have a potentially significant negative cumulativ
impact on the Palomar Airport Road/ El Camino Real intersection. Howe
project has been conditioned to pay its fair share of the “short-term improv
thereby, guaranteeing implementation of a mitigation measure that red1
potential impact to a level of insignificance.
9. That the Planning Director has determined that the project is exempt f
requirements of the California Environmental Quality Act (CEQA) per
15301(L) (1) and Section 15303 (a) of the State CEQA guidelines and will 1
any adverse significant impact on the environment.
II ...
PC RES0 NO. 4525 -2-
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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 apF
2. 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.
3, The Developer shall comply with all applicable provisions of federal, state, 2
ordinances in effect at the time of building permit issuance.
4. The Developer shall and does hereby agree to indemnify, protect, defend :
harmless the City of Carlsbad, its Council members, officers, employees, agl
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 Coastal Developmen
(b) City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein, and (c) Del
installation and operation of the facility permitted hereby, including without li:
any and all liabilities arising from the emission by the facility of electromagnetic
other energy waves or emissions.
5. 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 ap
for such sewer permits and will continue to be available until time of occupancy.
6. 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 M
Code or other ordinance adopted to implement a growth management system or I
and Improvement Plan and to hlfill the developer’s/subdivider’s agreement to
public facilities fee dated November 24, 1998, a copy of which is on file with
Clerk and is incorporated by this reference. If the fees are not paid, this applica
not be consistent with the General Plan and approval for this project will be void.
7. Prior to the issuance of a building permit, the Developer shall provide proa
Director from the School District that this project has satisfied its obligation to
school facilities.
8. If any condition for construction of any public improvements or facilities, or the I
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 prow
Government Code Section 66020. If any such condition is determined to be inv
approval shall be invalid unless the City Council determines that the project wit
condition complies with all requirements of law.
PC RES0 NO. 4525 -3-
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9. 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 Carlsbad has issued a Coastal Development Permit on the property own
Developer. Said Notice of Restriction shall note the property description, locati
file containing complete project details and all conditions of approval as we
condition of restriction specified for inclusion in the Notice of Restriction. The
Director has the authority to execute and record an amendment to the notic
modifies or terminates said notice upon a showing of good cause by the Devc
successor in interest.
10. The Developer shall pay their fair share for the “short-term improvement!
El Camino ReaV Palomar Airport Road intersection prior to approval of
map or the issuance of a grading permit, whichever occurs first. The amol
be determined by the methodology ultimately selected by Council, including
limited to, an increase in the city-wide traffic impact fee; an increased or nej
LFMP fee; the creation of a fee or assessment district; or incorporation into
Roos taxing district.
Engineering
11. The developer shall pay all current fees and deposits required.
12. The owner shall enter into a lien contract with the City for future public improvl
Shore Drive along the property frontage for a half street width of 30 feet.
improvements shall include but not be limited to paving, base, sidewalks, c1
gutters, medians, grading, clearing and grubbing, undergrounding or reloc
utilities, sewer, water, fire hydrants, street lights and retaining walls.
13. Prior to hauling dirt or construction materials to or from any proposed construc
within this project, the developer shall submit to and receive approval from
engineer for the proposed haul route. The developer shall comply with all condit
requirements the City Engineer may impose with regards to the hauling operation
14. Prior to approval of any grading or building permits for this project, the owner SI
written consent to the annexation of the area shown within the boundarie!
subdivision plan into the existing City of Carlsbad Street Lighting and Mail
District No. 1 on a form provided by the City.
15. Based on a review of the proposed grading and the grading quantities shown or
plan, a grading permit for this project is required. The developer must submit anc
approval for grading plans in accordance with city codes and standards prior to I
of a building permit for the project.
16. Prior to issuance of any building permit, the developer shall comply P
requirements of the City’s anti-graffiti program for wall treatments if and wher
program is formerly established by the City.
PC RES0 NO. 4525 -4-
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’ 17. Prior to issuance of a building permit, the property owner shall pay a one-timt
2 development tax in accordance with City Council Resolution No. 91-39.
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18. The owner of the subject property shall execute an agreement holding the City 1
General:
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regarding drainage across the adjacent property.
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19. 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 further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute 1
to 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 apl
this Coastal Development Permit.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conver
“fees/exactions.”
You have 90 days from April 7, 1999 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 Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t
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 I
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.
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PC RES0 NO. 4525
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PASSED, APPROVED AND ADOPTED at a regular meeting of the 1
Commission of the City of Carlsbad, California, held on the 7th day of April 1999
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Hewe1
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
ABSTAIN:
/” @&/ 1
COURTNEY # HEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4525 -6-