HomeMy WebLinkAbout1999-08-18; Planning Commission; Resolution 46120 0
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PLANNING COMMISSION RESOLUTION NO. 4612
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
ON PROPERTY GENERALLY LOCATED ON THE SOUTH
SIDE OF REDWOOD AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: SILVA RESIDENCE
CASE NO. : CDP 99-25
WHEREAS, Glenn Eady, “Developer”, has filed a verified application
COASTAL DEVELOPMENT PERMIT NUMBER CDP 99-25
City of Carlsbad regarding property owned by Sal Silva “Owner”, described as
Lot 10, Pacific Terrace, Map No. 3613
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “C” dated August 18, 1999, on fi
Planning Department, SILVA RESIDENCE, CDP 99-25, as provided by Chapter 21.2(
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of Augu
hold a 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 :
relating to the CDP 99-25.
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 Co
APPROVES SILVA RESIDENCE, CDP 99-25, based on the
findings and subject to the following conditions:
Findinps:
1. That the proposed development is in conformance with the Mello I1 segm!
Certified Local Coastal Program and all applicable policies in that the site is c I
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for single family residential development and the development is a single fam:
on a previously subdivided lot, the development does not obstruct 7
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 I
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the pr
adhere to the City’s Master Drainage and Storm Water Quality Manager
and Grading Ordinance to avoid increased runoff and soil erosion, no steep
native vegetation is located on the subject property and the site is not loct
area prone to landslides, or susceptible to accelerated erosion, floods or liqu
3. That the Planning Director has determined that the project is exempt
requirements of the California Environmental Quality Act (CEQA) per Section
the state CEQA Guidelines and will not have any adverse significant imps
environment.
4. All necessary public improvement have been provided or will be required as COI
approval.
5. The project has been conditioned to ensure that building permits will not be isst
project unless the District Engineer determines that sewer service is avai.
building cannot occur within the project unless sewer service remains availabl
District Engineer is satisfied that the requirements of the Public Facilities Eleq
General Plan have been met insofar as they apply to sewer service for this projec
6. The project has been conditioned to provide proof from the Carlsbad Unifi
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 cc
pay a public facilities fee. Performance of that contract and payment of the fee -i:
this body to find that public facilities will be available concurrent with need as cc
the General Plan.
8. The project has been conditioned to pay any increase in public facility fe
construction tax, or development fees, and has agreed to abide by any
requirements established by a Local Facilities Management Plan prepared p
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued ava
public facilities and will mitigate any cumulative impacts created by the project.
9. That this project could have a potentially significant negative cumulati
impact on the Palomar Airport Road/ El Camino Real intersection. Hovr
project has been conditioned to pay its fair share of the “short-term imprc
thereby, guaranteeing implementation of a mitigation measure that re1
potential impact to a level of insignificance.
~ *** I ... I PC RES0 NO. 4612 -2-
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Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all correl
modifications to the Coastal Development Permit document(s) necessary to n
internally consistent and in conformity with final action on the project. Develop;
occur substantially as shown in the approved Exhibits. Any proposed del
different from this approval, shall require an amendment to this approval.
2. Building permits shall be issued for this project within two (2) years of ap
this coastal development permit will expire unless extended per Section 21.;
the Zoning Ordinance.
3. The Developer shall comply with all applicable provisions of federal, state ,
ordinances in effect at the time of building permit issuance.
4. Building permits will not be issued for development of the subject property 1
District Engineer determines that sewer facilities are available at the time of a
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 0:
1987, (amended July 2, 1991) and as amended horn time to time, and any dej
fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad ~1
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 publif
fee dated June 18,1999, a copy of which is on file with the City Clerk and is inc
by this reference. If the fees are not paid, this application will not be consisten
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 fi-om the School District that this project has satisfied its obligation tl
school facilities.
7. If any condition for construction of any public improvements or facilities, or thF
of any fees in-lieu thereof, imposed by this approval or imposed by law on this r
housing project are challenged this approval shall be suspended as pr!
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 w
condition complies with all requirements of law.
8. Prior to the issuance of the building permit, Developer shall submit to the City a
Restriction to be filed in the office of the County Recorder, subject to the satis:
the Planning Director, notifLing all interested parties and successors in interes
City of Carlsbad has issued a Coastal Development Permit by Resolution No.
the property owned by the Developer. Said Notice of Restriction shall note the
description, location of the file containing complete project details and all con
approval as well as any conditions of restrictions specified for inclusion in tl
Restriction. The Planning Director has the authority to execute and record an an
to the notice which modifies or terminates said notice upon a showing of good
the Developer or successor in interest.
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9. The Developer shall pay his fair share for the “short-term improvements”
Camino ReaY Palomar Airport Road intersection prior to or the issua
building permit, whichever occurs first. The amount shall be determint
methodology ultimately selected by Council, including but not limited to, ar
in the city-wide traffic impact fee; an increased or new Zone 1 LFMP
creation of a fee or assessment district; or incorporation into a Mello-Ro
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 hauling dirt or construction materials to or fiom any proposed constru
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 operatio]
13. Rain gutters must be provided to convey roof drainage to an approved drainage
street to the satisfaction of the City Engineer.
14. If any of the foregoing conditions fail to occur; or if they are, by their terr
implemented and maintained over time, if any of such conditions fail 1
implemented and maintained according to their terms, the City shall have thc
revoke or modify all approvals herein granted; deny or further condition issuaj
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 viol;
vested rights are gained by Developer or a successor in interest by the City’s a$
this Coastal Development Permit.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dl
reservations, or other exactions hereafter collectively referred to for conve:
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactia
protest them, you must follow the protest procedure set forth in Government Coc
66020(a), and file the protest and any other required information with the City M
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
follow that procedure will bar any subsequent legal action to attack, review, set asid’
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fee:
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connectior
PC RES0 NO. 4612 -4-
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project; NOR DOES IT APPLY to any feedexactions of which you have previously bec
NOTICE similar to this, or as to which the statute of limitations has previously otherwisc
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 18th day of August, 19t
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, Nielsen,
Trigas, and Welshons
NOES:
ABSENT: Commissioner L’Heureux
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4612 -5-