HomeMy WebLinkAbout1999-09-15; Planning Commission; Resolution 46330 0
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PLANNING COMMISSION RESOLUTION NO. 4633
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY LOCATED AT 4415 HIGHLAND
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: STERRETT RESIDENCE
CASE NO.: CDP 99-24
WHEREAS, Richard and Linda Sterrett, “Developer/Owner”, has
COASTAL DEVELOPMENT PERMIT CDP 99-24 ON
verified application with the City of Carlsbad regarding property described as
Parcel “1” of Parcel Map No. 792, filed in the office of the
County Recorder of San Diego County, May 21,1972
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “D” dated September 15, 1999, on f
Planning Department, STERRETT RESIDENCE, CDP 99-24 as provided by
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of Septemb
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 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 STERRETT RESIDENCE, CDP 99-24 based on the 1
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 d
for single family residential developments 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 oppc
exist on site.
7 2. The project is consistent with the provisions of the Coastal Resource P
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the prc
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adhere to the City’s Master Drainage and Storm Water Quality Managen
and Grading Ordinance to avoid increased runoff and soil erosion, no ste,
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or native vegetation is located on the subject property and the site is not 11
an area prone to landslides, or susceptible to accelerated erosion, f
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liquefaction.
3. That the Planning Director has determined that the project is exempt
12 requirements of the California Environmental Quality Act (CEQA) per Section
the state CEQA Guidelines and will not have any adverse significant impa 13 environment.
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of approval. 15
4. All necessary public improvements have been provided or will be required as c
16 5. The project has been conditioned to ensure the building permits will not be issu
building cannot occur within the project unless sewer service remains availablc 17
project unless the District Engineer determines that sewer service is avail
18 District Engineer is satisfied that the requirements of the Public Facilities Elem
General Plan have been met insofar as they apply to sewer service for this projec
l9 6. The project has been conditioned to provide proof from the Carlsbad Unific
20 District that the project has satisfied its obligation for school facilities.
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7. The Developer has agreed and is required by the inclusion of an appropriate co
pay a public facilities fee. Performance of that contract and payment of thc
enable this body to find that public facilities will be available concurrent wit
required by the General Plan.
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
requirements established by a Local Facilities Management Plan prepared pi
Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued avai
public facilities and will mitigate any cumulative impacts created by the project.
9. That this project could have a potentially significant negative cumulat
impact on the Palomar Airport Road/ El Camino Real intersection. Hob
project has been conditioned to pay its fair share of the “short-term imprl
)I PC RES0 NO. 4633 -2-
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thereby, guaranteeing implementation of a mitigation measure that re
potential impact to a level of insignificance.
10. The project is not located in the Coastal Agriculture Overlay Zone, according to
the Land Use Plan, certified September 1990 and, therefore, is not subjl
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of tl
Ordinance).
11. The project is not located between the sea and the first public road parallel to th
therefore, is not subject to the provisions of the Coastal Shoreline Developmen
Zone (Chapter 21.204 of the Zoning Ordinance).
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the is
a building permit.
1. If any of the following conditions fail to occur; or if they are, by their ten
implemented and maintained over time, if any of such conditions fail
implemented and maintained according to their terms, the City shall have th
revoke or modify all approvals herein granted; deny or further condition issua
future building permits; deny, revoke or further condition all certificates of c
issued under the authority of approvals herein granted; institute and prosecute lil
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 a1
this Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all c
and modifications to the Coastal Development Permit documents, as necessar
them internally consistent and in conformity with the final action on thl
Development shall occur substantially as shown on the approved Exhibits. Any
development different from this approval, shall require an amendment to this ap:
3. The Developer shall comply with all applicable provisions of federal, state,
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or thc
of any fees in-lieu thereof, imposed by this approval or imposed by law on tl:
are challenged, this approval shall be suspended as provided in Government Coc
66020. If any such condition is determined to be invalid this approval shall
unless the City Council determines that the project without the condition com
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, d
hold harmless the City of Carlsbad, its Council members, officers, employees, a
representatives, from and against any and all liabilities, losses, damages, deman
and costs, including court costs and attorney’s fees incurred by the City arisin
or indirectly, from (a) City’s approval and issuance of this Coastal Developmer
(b) City’s approval or issuance of any permit or action, whether discretionar
PC RES0 NO. 4633 -3-
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e a
discretionary, in connection with the use contemplated herein,
Developer/Operator’s installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emissic
facility of electromagnetic fields or other energy waves or emissions.
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 t
school facilities.
7. This project shall comply with all conditions and mitigation measures which arc
as part of the Zone 1 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
8. Building permits will not be issued for this project unless the local agency 1
water and sewer services to the project provides written certification to the
adequate water service and sewer facilities, respectively, are available to the proj
time of the application for the building permit, and that water and sewer cap
facilities will continue to be available until the time of occupancy.
9. The applicant shall apply for and be issued building permits for this project w
(2) years of approval or this coastal development permit will expire unless extc
Section 2 1.20 1.2 10 of the Zoning Ordinance.
10. Prior to the issuance of the building permit, Developer shall submit to the City L
Restriction to be filed in the office of the County Recorder, subject to the satis
the Planning Director, notifying all interested parties and successors in intere:
City of Carlsbad has issued a Coastal Development Permit by Resolution No
the property owned by the Developer. Said Notice of Restriction shall note thc
description, location of the file containing complete project details and all con
approval as well as any conditions of restrictions specified for inclusion in t
Restriction. The Planning Director has the authority to execute and record an a]
to the notice which modifies or terminates said notice upon a showing of good
the Developer or successor in interest.
11. The Developer shall pay his fair share for the “short-term improvements”
Camino Real/ Palomar Airport Road intersection prior to or the issur
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-Rol
district.
12. 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
implemented and maintained according to their terms, the City shall have thl
revoke or modify all approvals herein granted; deny or further condition issua
future building permits; deny, revoke or fixther condition all certificates of c
issued under the authority of approvals herein granted; institute and prosecute lit
compel their compliance with said conditions or seek damages for their viola
PC RES0 NO. 4633 -4-
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vested rights are gained by Developer or a successor in interest by the City’s a
this Coastal Development Permit.
13. Prior to the issuance of building permits, the Developer shall pay to th
inclusionary housing impact fee as an individual fee on a per market ratc
unit basis.
Engineering
14. Prior to hauling dirt or construction materials to or from 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 con&
requirements the City Engineer may impose with regards to the hauling operatio:
15. The developer shall pay all current fees and deposits required.
16. The owner of the subject property shall execute an agreement holding the City
regarding drainage across the adjacent property.
17. Prior to approval of any grading or building permits for this project, the owner 6
written consent to the annexation of the area shown within the boundarie
subdivision plan into the existing City of Carlsbad Street Lighting and Lar
District No. 1 on a form provided by the City.
18. Plans, specifications, and supporting documents for all public improvements
prepared to the satisfaction of the City Engineer. In accordance with City Stand
developer shall install, or agree to install and secure with appropriate security as
by law, improvements shown on the site plan and the following improvemer
gutter, sidewalk, half-street improvements and grading for said improvements.
Code Reminder
19. Developer shall pay the License Tax on new construction imposed by Carlsbad lh
Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywia
Facilities Fee imposed by City Council Policy #17, subject to any credits authc
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any a1
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90.
taxedfees shall be paid at issuance of building permit. If taxedfees are not F
approval will not be consistent with the General Plan and shall become void.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
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 feedexacl
you protest them, you must follow the protest procedure set forth in Government Code
PC RES0 NO. 4633 -5-
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66020(a), and file the protest and any other required information with the City Ma
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 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
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 bc
a NOTICE similar to this, or as to which the statute of limitations has previously t
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 15th day of September 19!
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heurc
Nielsen, Segall, and Welshons
NOES:
ABSENT: Commissioner Trigas
ABSTAIN:
COURTNEY E.
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4633 -6-