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HomeMy WebLinkAbout1999-06-16; Planning Commission; Resolution 45821 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 PLANNING COMMISSION RESOLUTION NO. 4582 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CONSTRUCT A NEW SINGLE FAMILY RESIDENCE ON PROPERTY GENERALLY LOCATED ON THE EASTERN TERMINUS OF ALDER AVENUE AND ON THE NORTH SIDE OF PACKARD LANE IN THE NORTHWEST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: PACKARD LANE PROJECT CASE NO.: CDP 99-20 WHEREAS, Floyd L. and Alice Packard, “Owner” and “Developer”, h COASTAL DEVELOPMENT PERMIT CDP 99-20 TO a verified application with the City of Carlsbad regarding property described as A portion of Parcel C of Parcel Map No. 12640, in the City of Carlsbad, County of San Diego, State of California according to map thereof No. 12640 filed in the Office of the County Recorder of San Diego County, March 29, 1983 and adjusted on July 09,1992 (“the Property”); and WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibits “A” - “C” dated June 16, 1999, on fil Planning Department, PACKARD LANE PROJECT - CDP 99-20, as provided by 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of June, 1991 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 a1 relating to the CDP 99-20. NOW, THEREFORE, BE IT HEREBY RESOLVED by the I Commission of the City of Carlsbad as follows: 0 0 1 2 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Cor 3 APPROVES PACKARD LANE PROJECT - CDP 99-20, based following findings and subject to the following conditions: 4 5 Findings: 6 7 8 9 1. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. 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 dl for single family residential development and that the development is a ne’ family house on a previously-subdivided lot; the development does not views or otherwise damage the visual beauty of the coastal zone; and no agri activities, sensitive resources, geological instability or coastal access oppo. exist on site. The project is consistent with the provisions of the Coastal Resource Protection Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adher City’s Master Drainage and Storm Water Quality Management Plan 1 increased runoff and soil erosion. The site is not located in an area I landslides, or susceptible to accelerated erosion, floods, or liquefactiol property is void of significant slopes, does not support any endangered plan species and/or coastal sage scrub and chaparral plant communities, and t are not considered dual criteria slopes. ~ 3. The proposal is in conformity with the public access and recreation policies of C of the Coastal Act in that the development does not preclude coastal acc recreational opportunities due to its distance fiom the coastline. 4. That the Planning Director has determined that the project is exempt f requirements of the California Environmental Quality Act (CEQA) per Section : the state CEQA Guidelines and will not have any adverse significant impac environment. 5. All necessary public improvements have been provided or will be required as c( of approval. 6. 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 project 26 27 7. The project has been conditioned to provide proof from the Carlsbad Unifiec 28 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 con pay a public facilities fee. Performance of that contract and payment of the PC RES0 NO. 4582 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 enable this body to find that public facilities will be available concurrent witk 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 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. 10. 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. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all co 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 1 development different from this approval, shall require an amendment to this app 2. The applicant shall apply for and be issued building permits for this project wi (2) years of approval or this coastal development permit will expire unless exte~ Section 21.201.21 0 of the Zoning Ordinance. 3. The Developer shall comply with all applicable provisions of federal, state, a ordinances in effect at the time of building permit issuance. 4. Building permits will not be issued for this project unless the local agency p water and sewer services to the project provides written certification to the ( adequate water service and sewer facilities, respectively, are available to the projt time of the application for the building permit, and that water and sewer capa facilities will continue to be available until the 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 from time to time, and any devc 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 E and Improvement Plan and to fulfill the developer’s agreement to pay the public : fee dated May 6,1999, a copy of which is on file with the City Clerk and is inco by this reference. If the fees are not paid, this application will not be consistent General Plan and approval for ths project will be void. 1 6. Prior to the issuance of a building permit, the Developer shall provide proc Director from the Carlsbad School District that this project has satis obligation to provide school facilities. ~ PC RES0 NO. 4582 -3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 7. The Developer shall pay its fair share for the “short-term improvements” Camino Real/ Palomar Airport Road intersection prior to approval of the permit. The amount shall be determined by the methodology ultimately sel Council, including but not limited to, an increase in the city-wide traffic im an increased or new Zone 1 LFMP fee; the creation of a fee or assessment or incorporation into a Mello-Roos taxing district. 8. 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 rt housing project are challenged thm 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. 9. 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 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. The owner of the subject property shall execute an agreement holding the City 1 regarding drainage across the adjacent property prior to the issuance of 1 permits. 12. Approval of CDP 99-20 is granted subject to the approval of PUD 50(A). Enpineering: 13. The developer shall pay all current fees and deposits required. General 14. If any of the foregoing conditions fail to occur; or if they are, by their term 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 lj to compel their compliance with said conditions or seek damages for their violatj vested rights are gained by Developer or a successor in interest by the City’s app this Coastal Development Permit. Code Reminders: 15. The developer shall exercise special care during the construction phase of this pr prevent offsite siltation. Planting and erosion control shall be provided in acci with the Carlsbad Municipal Code and the City Engineer. PC RES0 NO. 4582 -4- e 0 k 1 2 Please take NOTICE that approval of your project includes the “imposition” 3 4 dedications, reservations, or other exactions hereafter collectively referred to for conve “fees/exactions.” NOTICE 5 6 7 8 9 10 11 12 You have 90 days from date of final approval to protest imposition of these fees/exac you protest them, you must follow the protest procedure set forth in Government Codc 66020(a), and file the protest and any other required information with the City Mal processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure 1 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/c 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 fees/exactions of whch you have previously be a NOTICE similar to this, or as to which the statute of limitations has previously 0 expired. 13 15 Commission of the City of Carlsbad, California, held on the 16th day of June 1999 l4 PASSED, APPROVED AND ADOPTED at a regular meeting of the : following vote, to wit: 16 17 AYES: Chairperson Heineman, Commissioners L’Heureux, Nielse Segall, and Welshons l8 II NOES: 19 20 ABSENT: Commissioners Compas and Trigas ABSTAIN: 21 22 23 I- COURTNEY E. HE*-, Chairperson 24 CARLSBAD PLANNING COMMISSION 25 26 ATTEST: t 27 28 Planning Director PC RES0 NO. 4582 -5-