HomeMy WebLinkAbout1999-10-20; Planning Commission; Resolution 4648e
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PLANNING COMMISSION RESOLUTION NO. 4648
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 97-58(A) TO
ALLOW 14 SINGLE FAMILY HOMES AND TWO SECOND
DWELLING UNITS ON SINGLE FAMILY LOTS ON
PROPERTY GENERALLY LOCATED AT THE CORNER OF
PARK DIUVE AND MONROE STREET TN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: CARLSBAD PARK ESTATES
CASE NO.: CDP 97-58(A)
WHEREAS, Carlsbad Estates, LLC, “Developer”/”Owner” has filed a
application with the City of Carlsbad regarding property described as
Lots 1 through 14 of Carlsbad Tract Map CT 97-24, in the City
of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 13784 filed in the office of the
County Recorder of San Diego County, May 20,1999
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “Q” dated October 20, 1999, on fi:
Planning Department, CARLSBAD PARK ESTATES, CDP 97-58(A), as provided by
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of Octobe
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 a1
relating to the CDP.
WHEREAS on September 8, 1998 the City Council denied the app
upheld Planning Commission approval of CDP 97-58, as described and in I
Commission Resolution No. 4329.
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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 COI
APPROVES CARLSBAD PARK ESTATES, CDP 97-58(A), base
following findings and subject to the following conditions:
FindinFs:
1. That the proposed development is in conformance with the Certified Local
Program and all applicable policies and the Coastal Resource Protection Over:
in that the 14 single family lots proposed to be developed with single famil
have been previously found in compliance with the applicable Mello
resource preservation policies and implementing ordinances pertaining
erosion, sediment control, and drainage facilities as part of the subdivisi
coastal development permit, and subsequent grading permit. The proposed
two story single family homes are consistent with all applicable zoning reg
and the LCP Land Use and Zoning Maps. The development is also consisl
Chapter 3 of the Coastal Act because there are no public recreation a
requirements for this property.
2. The Planning Commission has reviewed each of the exactions imposed on the I
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts caused by or reasonably related to the project, and the exten
degree of the exaction is in rough proportionality to the impact caused by the pro:
3. The proposal is in conformity with the public access and recreation pa
Chapter 3 of the Coastal Act in that the project is not located adjacent to tl
Therefore, the project will not interfere with the public’s right to physical :
the sea and the site is not suited for water-oriented recreational activities.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to
permit issuance.
1. This approval is granted subject to the approval of the Mitigated Negative Dec
and Mitigation Monitoring and Reporting Program and SDP 98-.05(A) and i
to all conditions contained in Planning Commission Resolutions 4646 and 1
those other approvals and Planning Commission Resolutions 4327 and 4325
97-24 and CDP 97-58 except as modified herein.
2. The applicant shall apply for and be issued building permits for this project wj
(2) years of approval or this coastal development permit will expire unless exte
Section 2 1.20 1.2 10 of the Zoning Ordinance.
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PC RES0 NO. 4648 -2-
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3. 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 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 (type of action, e.g. Site Development Plan).
4. Staff is authorized and directed to make, or require the Developer to make, all c(
and modifications to the site plan documents, as necessary to make them
consistent and in conformity with the final action on the project. Developn
occur substantially as shown on the approved Exhibits. Any proposed dev
different from this approval, shall require an amendment to this approval.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, de
hold harmless the City of Carlsbad, its Council members, officers, employees, ag
representatives, from and against any and all liabilities, losses, damages, demand
and costs, including court costs and attorney’s fees incurred by the City arising
or indirectly, from (a) City’s approval and issuance of this site development
City’s approval or issuance of any permit or action, whether discretionary
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 emissio
facility of electromagnetic fields or other energy waves or emissions.
6. The Developer shall submit to the Planning Department a reproducible 24
mylar copy of the Site Plan reflecting the conditions approved by the final
making body.
7. Building permits will not be issued for this project unless the local agency I
water and sewer services to the project provides written certification to the
adequate water service and sewer facilities, respectively, are available to the projl
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.
8. The Developer shall submit and obtain Planning Director approval of a Final L;
and Irrigation Plan showing conformance with the approved Prelimilnary Landsc
and the City’s Landscape Manual. The Developer shall construct and ir
landscaping as shown on the approved Final Plans, and maintain all landscar
healthy and thriving condition, free from weeds, trash, and debris.
9. The first submittal of Final Landscape and Irrigation Plans shall be pursua
landscape plan check process on file in the Planning Department and accompani(
project’s building, improvement, and grading plans.
PC RES0 NO. 4648 -3-
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10. The Developer shall display a current Zoning and Land Use Map, or an a1
suitable to the Planning Director, in the sales office at all times. All sales map
distributed or made available to the public shall include but not be limited to tra:
and existing schools, parks and streets.
11. The developer shall post a sign in the sales office in a prominent location that
which special districts and school district provide service to the project. Said I
remain posted until ALL of the units are sold.
12. The Developer shall pay a landscape plan check and inspection fee as required b:
20.08.050 of the Carlsbad Municipal Code.
13. Fences in combination with retaining walls shall not exceed a total height of
any location.
14. A side yard 6 foot high wooden fence shall be installed along the easterly top
on Lot 14. The side yard fence shall include a gate that provides accez
adjacent slope that is to be maintained by the homeowner. The location of 1
shall be shown on the final landscape plan.
Code Reminders:
15. Developer shall pay the License Tax on new construction imposed by Carlsbad PV
Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywic
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 a]
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 are not 1
approval will not be consistent with the General Plan and shall bec0m.e void.
16. The Developer shall pay a landscape plan check and inspection fee as required bq
20.08.050 of the Carlsbad Municipal Code.
17. All roof appurtenances, including air conditioners, shall be architecturally integr
concealed from view and the sound buffered from adjacent properties and st
substance as provided in Building Department Policy No. 80-6, to the satisfactic
Directors of Community Development and Planning.
18. Addresses, approved by the Building Official, shall be placed on all new and
buildings so as to be plainly visible from the street or access road; color of idenl
and/or addresses shall contrast to their background color, as required by '
Municipal Code Section 18.04.320.
19. Any signs proposed for this development shall at a minimum be designed in confi
with the City's Sign Ordinance and shall require review and appro'val of the I
Director prior to installation of such signs.
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~ PC RES0 NO. 4648 -4-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition”
~ dedications, reservations, or other exactions hereafter collectively referred to for conve
“fees/exactions.” I
~ You have 90 days fi-om date of final approval to protest imposition of these fees/exac
you protest them, you must follow the protest procedure set forth in Government Cod1
66020(a), and file the protest and any other required information with th.e City Ma3
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 c
expired.
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Commission of the City of Carlsbad, California, held on the 20th day of October, 199 14
PASSED, APPROVED AND ADOPTED at a regular meeting of the
l5 following vote, to wit:
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AYES: Chairperson Heineman, Commissioners Compas, L’Heure
Nielsen, and Trigas
18 NOES: Commissioner Segall
19 ABSENT: Commissioner Welshons
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23 COURTNEY E. HEINEMAN, Chairperson
ABSTAIN:
24 11 CARLSBAD PLANNING COMMISSION
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26 ATTEST:
Planning Director
PC RES0 NO. 4648 -5-