HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 45864
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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:
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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-
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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.
~
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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.
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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 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-