HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 45870 0
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PLANNING COMMISSION RESOLUTION NO. 4587
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAFXSBAD, CALIFORNIA, APPROVlNG
COASTAL DEVELOPMENT PERMIT NUMBER CDP 99-10
ON PROPERTY GENERALLY LOCATED ON THE WEST
SIDE OF CARLSBAD BOULEVARD BETWEEN THE NORTH
AND SOUTH ENDS OF SHORE DRIVE WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 3.
CASE NAME: MIJUSKOVIC RESIDENCE
CASE NO.: CDP 99-10
WHEREAS, Dennis Mathis, “Developer”, has filed a verified applicat
the City of Carlsbad regarding property owned by Ruth and Ben Mijuskovic, ‘I
described as
Lot 35, Terramar, Unit No. 1, Map 2696
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A”-“B” dated July 7, 1999, on file in the 1
Department, MIJUSKOVIC RESIDENCE, CDP 99-10 as provided by Chapter 21.20
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of July 1999
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 all
relating to the CDP 99-10.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
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 Corm
APPROVES MIJUSKOVIC RESIDENCE, CDP 99-10 based on the fo
findings and subject to the following conditions:
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Findinm:
1. That the proposed development is in conformance with the Mello I1 segme
Certified Local Coastal Program and all applicable policies in that the site is dl
for single family residential development and the development is a single fami
on a previously subdivided lot, the development does not obstruct ’I
otherwise damage the visual beauty of the coastal zone and no agr
activities, sensitive resources, geological instability or coastal access oppo
exist on site.
2. The project is consistent with the provisions of the Coastal Resource PI
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the pro,
adhere to the city’s Master Drainage and Stormwater 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 lo
an area prone to landslides, or susceptible to accelerated erosion, fl
liquefaction.
3. 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.
4. All necessary public improvement have been provided or will be required as cc
of approval.
5. The project has been conditioned to ensure that building permits will not be issue’
project unless the District Engineer determines that sewer service is availal
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 con(
pay a public facilities fee. Performance of that contract and payment of the J
enable this body to find that public facilities will be available concurrent with
required by the General Plan.
8. 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 ad
requirements established by a Local Facilities Management Plan prepared purs
Chapter 2 1.90 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. Howev4
project has been conditioned to pay its fair share of the “short-term improve]
PC RES0 NO. 4587 -2-
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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 COI
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 projec
two (2) years of approval or this coastal development permit will expirc
extended per Section 21.201.210 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 development of the subject property ur
District Engineer determines that sewer facilities are available at the time of apI
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 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 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 subdivider’s agreement to pay tht
facilities fee dated March 5, 1999, a copy of which is on file with the City Cler
incorporated by this reference. If the fees are not paid, this application will
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 proo:
Director from the School District that this project has satisfied its obligation to
school facilities.
7. If any condition for construction of any public improvements or facilities, or the 1
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 prov
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 wit1
condition complies with all requirements of law. i
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8. Prior to the issuance of the building permit, Developer shall submit to the City a
of Restriction to be filed in the office of the County Recorder, subject to the sati:
of the Planning Director, notifying all interested parties and successors in interest
City of Carlsbad has issued a Coastal Development Permit by Resolution No. L
the property owned by the Developer. Said Notice of Restriction shall note the 1
description, location of the file containing complete project details and all condi
PC RES0 NO. 4587 -3-
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approval as well as any conditions of restrictions specified for inclusion in th
Restriction. The Planning Director has the authority to execute and record an am
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” 1
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
increase in the city-wide traffic impact fee; an increased or new Zone 3 LF
the creation of a fee or assessment district; or incorporation into a Me1
taxing district.
Enpineering Conditions:
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 :
regarding drainage across the adjacent property.
12. Prior to approval of any grading or building permits for this project, the owner s
written consent to the annexation of the area shown within the boundarie;
subdivision into the existing City of Carlsbad Street Lighting and Landscaping
No. 1 on a form provided by the City.
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 issuance of a building permit, the property owner shall pay a one-timc
development tax in accordance with City Council Resolution No. 91-39.
15. The owner shall enter into a lien contract for the future public improvement of (
Blvd. along the project frontage for a half street width of fifty feet. Public impro
shall include, but not be limited to, paving, base, sidewalks, curbs and gutter,
clearing and grubbing, undergrounding or relocation of utilities, sewer, wz
hydrants, street lights and retaining walls.
General
16. 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 litii
compel their compliance with said conditions or seek damages for their viola1
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vested rights are gained by Developer or a successor in interest by the City’s ap1
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 convel.
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexacl
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 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 bel
a NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the 1
Commission of the City of Carlsbad, California, held on the 7th day of July 1999
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureu
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
COURTNEY E. HEINEMAN, Chaqerson
CARLSBAD PLANNING COMMISSION
ATTEST:
I
MICHAEL J. HMZMIUER
Planning Director
PC RES0 NO. 4587 -5-