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Home My WebLink About1999-09-15; Planning Commission; Resolution 4637I 4 t 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. 4637 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 99-16 TO ALLOW THE DEMOLITION OF A TWO-FAMILY RESIDENCE AND CONSTRUCTION OF A NEW TWO UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF CHESTNUT AVENUE AND CARLSBAD BOULEVARD IN THE BEACH AREA OVERLAY ZONE IN LOCAL, FACILITIES MANAGEMENT ZONE 1. CASE NAME: CHESTNUT CONDOS CASE NO.: CDP 99- 16 WHEREAS, Barry Blue, “Developer” and “Owner” has filed a application with the City of Carlsbad regarding property described as Plot 4, Block “B” Palisades, City of Carlsbad (“the Property”); and WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibits “A” - “I” dated September 15, 1999, on f Planning Department, CHESTNUT CONDOS, CDP 99-16 as provided by Chapter 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of Septembc 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 tc 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 J 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 Con APPROVES CHESTNUT CONDOS, CDP 99-16 based on the fi findings and subject to the following conditions: k 4 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 FindinPs: 1. That the proposed development is in conformance with the Certified LOG Program and all applicable policies in that the site is designated for single multiple family residential developments and the development consisl demolition of a two-family residence and construction of a new 1 condominium project on a previously subdivided lot, the development obstruct views of the coast line as seen from public lands or public right ( otherwise damage the visual beauty of the coastal zone and no ag~ activities, sensitive resources, geological instability or coastal access oppc exist on site. 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 adhere to the City’s Master Drainage and Storm Water Quality Managem and Grading Ordinance to avoid increased runoff and soil erosion, no stet or native vegetation is located on the subject property and the site is not 14 an area prone to landslides, or susceptible to accelerated erosion, f liquefaction. 3. The project is not located in the Coastal Agriculture Overlay Zone, according to the Land Use Plan, certified September 1990 and, therefore, is not subjt provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of t€ Ordinance). 4. The project is not located between the sea and the first public road parallel to the therefore, is not subject to the provisions of the Coastal Shoreline Development Zone (Chapter 21.204 of the Zoning Ordinance). 5. That the Planning Director has determined that the project is exempt i requirements of the California Environmental Quality Act (CEQA) per Sectio~ and 15304 of the state CEQA Guidelines and will not have any adverse si impact of the environment. 6. All necessary public improvements have been provided or will be required as c( of approval. 7. The project has been conditioned to ensure the building permits will not be issue project unless the District Engineer determines that sewer service is availa building cannot occur within the project unless sewer service remains available District Engineer is satisfied that the requirements of the Public Facilities Eleme General Plan have been met insofar as they apply to sewer service for this project 8. The project has been conditioned to provide proof fi-om the Carlsbad Unifiec District that the project has satisfied its obligation for school facilities. 9. 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 enable this body to find that public facilities will be available concurrent with required by the General Plan. PC RES0 NO. 4637 -2- I e 0 t 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 10. The project has been conditioned to pay an increase in public facility fec construction tax, or development fees, and as agreed to abide by an requirements established by a Local Facilities Management Plan prepared pi Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avai public facilities and will mitigate any cumulative impacts created by the project. 11. That this project could have a potentially significant negative curnulati impact on the Palomar Airport Road/ El Camino Real intersection. HOM project has been conditioned to pay its fair share of the “short-term impr( thereby, guaranteeing implementation of a mitigation measure that re potential impact to a level of insignificance. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the isa 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 1 implemented and maintained according to their terms, the City shall have thr revoke or modify all approvals herein granted; deny or fbrther condition issua~ 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. 2. Staff is authorized and directed to make, or require the Developer to make, all co and modifications to the Coastal Development Permit documents, as necessary them internally consistent and in conformity with the final action on the Development shall occur substantially as shown on the approved Exhibits. Any : development different from ths approval, shall require an amendment to this app 3. This approval is granted subject to the approval of MS 99-02/CP 99-07/SDP 94 99-06 and is subject to all conditions contained in the Administrative Approv and Resolution No. 4636, and 4641 for those other approvals. NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for conveI “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exac 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 tl PC RES0 NO. 4637 -3- I 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 e e 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 bl a NOTICE similar to this, or as to which the statute of limitations has previously I 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, the following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, L’Heure Nielsen, Segall, and Welshons NOES: ABSENT: Commissioner Trigas ABSTAIN: - COURTNEY E. HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOBMILVER Planning Director I I I PC RES0 NO. 4637 -4-