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HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 45864 li. 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 PLANNING COMMISSION RESOLUTION NO. 4586 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING COASTAL GENERALLY LOCATED ON THE EAST SIDE OF POLLY LANE BETWEEN TAMARACK AVENUE AND MAGNOLIA AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: MONTES SECOND DWELLING UNIT CASE NO. : CDP 99-08 WHEREAS, Brooks Worthing, “Developer”, has filed a verified ap with the City of Carlsbad regarding property owned by Joe Montes, “Owner”, described DEVELOPMENT PERMIT CDP 99-08 ON PROPERTY Parcel “C” of Parcel Map No. 835, filed in the office of the County Recorder of San Diego County, May 24,1972 (“the Property”); and WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibits “A” - “B” dated June 1, 1999 on file in the : Department, MONTES SECOND DWELLING UNIT, CDP 99-08 as provided by 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of July 199! duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all tt 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 Cor APPROVES MONTES SECOND DWELLING UNIT, CDP 99-08 ’ the following findings and subject to the following conditions: 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 I I 0 0 Findings: 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 developments and second dwelling units are allowed pursuant : Affordable Housing Policy 1-1, and the development does not obstruct v otherwise damage the visual beauty of the coastal zone and no agri activities, sensitive resources, geological instability or coastal access oppol exist on site. 2. The project is consistent with the provisions of the Coastal Resource Pr Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the proj adhere to the City’s Master Drainage and Storm Water Quality Managemc 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 101 an area prone to landslides, or susceptible to accelerated erosion, flc liquefaction. 3. That the Planning Director has determined that the project is exempt fi requirements of the California Environmental Quality Act (CEQA) per Section 1 the state CEQA Guidelines and will not have any adverse significant impac environment. 4. All necessary public improvements have been provided or will be required as co of approval. 5. The project has been conditioned to ensure that building permits will not be issuec project unless the District Engineer determines that sewer service is availat building cannot occur within the project unless sewer service remains available, District Engineer is satisfied that the requirements of the Public Facilities Elemer General Plan have been met insofar as they apply to sewer service for this project. 6. The project has been conditioned to provide proof from the Carlsbad Unified District that the project has satisfied its obligation for school facilities. 7. The Developer has agreed and is required by the inclusion of an appropriate cond pay a public facilities fee. Performance of that contract and payment of the 1 required by the General Plan. ~ enable this body to find that public facilities will be available concurrent with 8. The project has been conditioned to pay an increase in public facility fee, construction tax, or development fees, and as agreed to abide by an ad requirements established by a Local Facilities Management Plan prepared purs Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availal public facilities and will mitigate any cumulative impacts created by the project. 9. That this project could have a potentially significant negative cumulative impact on the Palomar Airport Road/ El Camino Real intersection. HoweT project has been conditioned to pay its fair share of the “short-term improvt PC RES0 NO. 4586 -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 thereby, guaranteeing implementation of a mitigation measure that rec 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 I 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 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, i 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 h Code or other ordinance adopted to implement a growth management system or : and Improvement Plan and to fulfill the subdivider’s agreement to pay the public fee dated March 5, 1999, a copy of which is on file with the City Clerl incorporated by this reference. If the fees are not paid, this application wil consistent with the General Plan and approval for this project will be void. 6. Prior to the issuance of a building permit, the Developer shall provide pro( Director from the School District that this project has satisfied its obligation tc school facilities. 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 re housing project are challenged this approval shall be suspended as pro’ Government Code Section 66020. If any such condition is determined to be in7 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 a I Restriction to be filed in the office of the County Recorder, subject to the satisf. the Planning Director, notifying all interested parties and successors in interest the property owned by the Developer. Said Notice of Restriction shall note the description, location of the file containing complete project details and all cond approval as well as any conditions of restrictions specified for inclusion in thc Restriction. The Planning Director has the authority to execute and record an am I City of Carlsbad has issued a Coastal Development Permit by Resolution No. ~ PC RES0 NO. 4586 -3- 0 0 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 ~ I to the notice which modifies or terminates said notice upon a showing of good the Developer or successor in interest. 9. The Developer shall pay his fair share for the “short-term improvements” Camino Real/ Palomar Airport Road intersection prior to or the issua building permit, whichever occurs first. The amount shall be determine methodology ultimately selected by Council, including but not limited to, an in the city-wide traffic impact fee; an increased or new Zone 22 LFMP creation of a fee or assessment district; or incorporation into a Mello-Rot district. General 10. 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 t implemented and maintained according to their terms, the City shall have the revoke or modify all approvals herein granted; deny or further condition issuaI future building permits; deny, revoke or further condition all certificates of o issued under the authority of approvals herein granted; institute and prosecute lit compel their compliance with said conditions or seek damages for their viola. vested rights are gained by Developer or a successor in interest by the City’s ap: this Coastal Development Permit. NOTICE Please take NOTICE that approval of your project includes the “imposition” I dedications, reservations, or other exactions hereafter collectively referred to for conven “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexacti you 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 Man: processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc follow that procedure will bar any subsequent legal action to attack, review, set aside, 3 annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedex DOES NOT APPLY to water and sewer connection fees and capacity charges, nor pl zoning, grading or other similar application processing or service fees in connection w project; NOR DOES IT APPLY to any feedexactions of which you have previously bee a NOTICE similar to this, or as to which the statute of limitations has previously of expired. ... ... I I **. PC RES0 NO. 4586 -4- 8 8 I 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 -1 6 17 1s 19 20 21 22 23 24 25 26 27 2s PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 7th day of July 1995 following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heure Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: n CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOL~MIL~R Planning Director 11 PC RES0 NO. 4586 -5-