HomeMy WebLinkAbout1999-10-20; Planning Commission; Resolution 4640a 0
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PLANNING COMMISSION RESOLUTION NO. 4640
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING COASTAL
THE CONSTRUCTION OF A SECOND DWELLING UNIT ON
PROPERTY GENERALLY LOCATED ON THE WEST SIDE
OF HIGHLAND DIUVE AT 4403 HIGHLAND DRIVE IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: CHADWICK RESIDENCE SDU
CASE NO. : CDP 99- 12
WHEREAS, David and Debra Chadwick, “Developers/Owners”, ha7
DEVELOPMENT PERMIT NUMBER CDP 99-12 TO ALLOW
verified application with the City of Carlsbad regarding property described as
Parcel “B” of Parcel Map No. 16064, Bellavista, according to
Map 2152, filed in the Office of the County Recorder April 25,
1990, in the City of Carlsbad, County of San Diego, State of
California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “D” dated October 20, 1999 on f
Planning Department, CHADWICK RESIDENCE SDU, CDP 99-12 as provided b!
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of Octob
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 ‘
and arguments, if any, of all persons desiring to be heard, said Commission considered
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.
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B) That based on the evidence presented at the public hearing, the Cc
APPROVES CHADWICK RESIDENCE SDU, CDP 99-12 base
following findings and subject to the following conditions:
Findinps:
1. That the proposed development is in conformance with the Mello I1 segmi
Certified Local Coastal Program and all applicable policies in that the site is (
for single family residential developments and the development is a second
unit on a previously subdivided lot, the development does not obstruct
otherwise damage the visual beauty of the coastal zone and no agl
activities, sensitive resources, geological instability or coastal access oppc
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 Managen
and Grading Ordinance to avoid increased runoff and soil erosion, no ste
or native vegetation is located on the subject property and the site is not 1
an area prone to landslides, or susceptible to accelerated erosion, j
liquefaction.
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 impa
environment.
4. All necessary public improvements have been provided or will be required as c
of approval.
5. The project is consistent with the City-Wide Facilities and Improvements Plan,
Facilities Management Plan for Zone 1 and all City public facility pol
ordinances. The project includes elements or has been conditioned to COI
provide fimding to ensure that all facilities and improvements regarding: sewer
and treatment; water; drainage; circulation; fire; schools; parks and other re
facilities; libraries; government administrative facilities; and open space, rela
project will be installed to serve new development prior to or concurrent v
Specifically,
a. The project has been conditioned to provide proof from the 4
School District that the project has satisfied its obligation fi
facilities.
b. The Public Facility fee is required to be paid by Council Policy h
will be collected prior to the issuance of building permit.
PC RES0 NO. 4640 -2-
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6. That this project could have a potentially significant negative cumulati
impact on the Palomar Airport Road El Camino Real intersection. How
project has been conditioned to pay its fair share of the “short-term impro
thereby, guaranteeing implementation of a mitigation measure that re(
potential impact to a level of insignificance.
7. The project is not located in the Coastal Agriculture Overlay Zone, according to
the Land Use Plan, certified September 1990 and, therefore, is not subjc
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of tk
Ordinance).
8. The project is not located between the sea and the first public road parallel to thc
therefore, is not subject to the provisions of the Coastal Shoreline Developmenl
Zone (Chapter 21.204 of the Zoning Ordinance).
lo I1 Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to
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 tht
revoke or modify all approvals herein granted; deny or further condition issual
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 c(
and modifications to the Coastal Development Permit documents, as necessq
them internally consistent and in conformity with the final action on thc
Development shall occur substantially as shown on the approved Exhibits. Any
development different fi-om this approval, shall require an amendment to this apy
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 the
of any fees in-lieu thereof, imposed by this approval or imposed by law on th
are challenged, this approval shall be suspended as provided in Government Cod
66020. If any such condition is determined to be invalid this approval shall t
unless the City Council determines that the project without the condition coml
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, dt
hold harmless the City of Carlsbad, its Council members, officers, employees, a;
representatives, fi-om and against any and all liabilities, losses, damages, demanc 11 PC RES0 NO. 4640 -3-
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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 Developme1
(b) City’s approval or issuance of any permit or action, whether discretionar
discretionary, in connection with the use contemplated herein, and (c) I
Operator’s installation and operation of the facility permitted hereby, includir
limitation, any and all liabilities arising from the emission by the f
electromagnetic fields or other energy waves or emissions.
6. Prior to the issuance of a building permit, the Developer shall provide prc
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 arl
as part of the Zone 1 Local Facilities Management Plan and any amendment:
that Plan prior to the issuance of building permits.
8. Building permits will not be issued for this project unless the local agency
water and sewer services to the project provides written certification to the
adequate water service and sewer facilities, respectively, are available to the pro.
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 ths coastal development permit will expire unless extc
Section 21.201.210 ofthe Zoning Ordinance.
10. Prior to the issuance of the building permit, Developer shall submit to the Citj
of Restriction to be filed in the office of the County Recorder, subject to the se
of 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 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.
11. The Developer shall pay his fair share for the “short-term improvements’’
Camino ReaVPalomar Airport Road intersection prior to the issuance of i
permit, whichever occurs first. The amount shall be determined by the me
ultimately selected by Council, including but not limited to, an increase iL
wide traffic impact fee; an increased or new Zone 1 LFMP fee; the creatio
or assessment district; or incorporation into a Mello-Roos taxing district.
Enpineering:
12. The developer shall pay all current fees and deposits required.
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13. The owner of the subject property shall execute an agreement holding the Citj
regarding drainage across the adjacent property.
Code Reminders:
14. Developer shall pay the citywide Public Facilities Fee imposed by City COUP
#17, the License Tax on new construction imposed by Carlsbad Municipal Coc
5.09.030, and CFD #1 special tax (if applicable), subject to any credits aut1
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90.
taxedfees shall be paid at issuance of building permit. If the taxedfees and not
approval will not be consistent with the General Plan and shall become void.
15. Approval of this request shall not excuse compliance with all applicable sectic
Zoning Ordinance and all other applicable City ordinances in effect at time o
permit issuance, except as otherwise specifically provided herein.
16. Addresses, approved by the Building Official, shall be placed on all new an
buildings so as to be plainly visible from the street or access road; color of idel
and/or addresses shall contrast to their background color, as required by
Municipal Code Section 18.04.320.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve
“feedexactions.”
You have 90 days fiom the date of final approval to protest imposition of these fees/exa
you protest them, you must follow the protest procedure set forth in Government Cod
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 bl ’ a NOTICE similar to this, or as to which the statute of limitations has previously
~ 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 20th day of October, 19'
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L'Heurt
Nielsen, Segall, and Trigas
NOES:
ABSENT: Commissioner Welshons
ABSTAIN:
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13 CARLSBAD PLANNING COMMISSION
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Planning Director 19
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1) PC RES0 NO. 4640 -6-