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HomeMy WebLinkAbout1999-10-20; Planning Commission; Resolution 46551 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 e PLANNING COMMISSION RESOLUTION NO. 4655 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PROPERTY LOCATED AT 6501 FRANCISCAN ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: HALL RESIDENCE CASE NO.: CDP 99-27 WHEREAS, Alex & Karen Hall, “Developer”, have filed a verified applicatj with the City of Carlsbad regarding property owned by Patricia Tartaglia, “Owner”, descrit COASTAL DEVELOPMENT PERMIT CDP 99-27 ON as : Lot 9 in Block 23 of the La Costa Downs, Unit No. 1, according to the map thereof No. 2013, filed in the Office of the County Recorder on April 6, 1927, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Coas Development Permit as shown on Exhibits “A” - “E” dated October 20, 1999, on file in Planning Department, HALL RESIDENCE, CDP 99-27 as provided by Chapter 21.201.040 the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of October 19 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 testimc and arguments, if any, of all persons desiring to be heard, said Commission considered all fact relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. ~ 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 0 0 B) That based on the evidence presented at the public hearing, the Commissi APPROVES HALL RESIDENCE, CDP 99-27 based on the following findin and subject to the following conditions: Findinm: 1. That the proposed development is in conformance with the Mello I1 segment of t Certified Local Coastal Program and all applicable policies in that the site is designat for single family residential developments and the development is a single fam house on a previously subdivided lot; and the development does not obstruct vie or otherwise damage the visual beauty of the coastal zone and no agricultul activities, sensitive resources, geological instability or coastal access opportunit exist on site. 2. The project is consistent with the provisions of the Coastal Resource Protecti Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project w adhere to the City’s Master Drainage and Storm Water Quality Management PI and Grading Ordinance to avoid increased runoff and soil erosion; no steep slor or native vegetation is located on the subject property; and the site is not located an area prone to landslides, or susceptible to accelerated erosion, floods liquefaction. 3. That the Planning Director has determined that the project is exempt from 1 requirements of the California Environmental Quality Act (CEQA) per Section 15303 the state CEQA Guidelines and will not have any adverse significant impact of environment. 4. The project is consistent with the City-Wide Facilities and Improvements Plan, the Lo Facilities Management Plan for Zone 22 and all City public facility policies i ordinances. The project includes elements or has been conditioned to construct provide funding to ensure that all facilities and improvements regarding: sewer collect and treatment; water; drainage; circulation; fire; schools; parks and other recreatio facilities; libraries; government administrative facilities; and open space, related to project will be installed to serve new development prior to or concurrent with nc Specifically, A. The project has been conditioned to provide proof from the Carlsbad Unii School District that the project has satisfied its obligation for school facilities. B. The Public Facility fee is required to be paid by Council Policy No. 17 and wil collected prior to the issuance of building permit. 5. That this project could have a potentially significant negative cumulative tr impact on the Palomar Airport Road/ El Camino Real intersection. However, project has agreed to pay its fair share of the “short-term improvements’’ ther guaranteeing implementation of a mitigation measure that reduces the pote: impact to a level of insignificance. PC RES0 NO. 4655 -2- 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 6. The project is not located in the Coastal Agriculture Overlay Zone, according to Map J the Land Use Plan, certified September 1990 and, therefore, is not subject to provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zor Ordinance). 7. The project is not located between the sea and the first public road parallel to the sea a] therefore, is not subject to the provisions of the Coastal Shoreline Development Over: Zone (Chapter 21.204 of the Zoning Ordinance). 8. The Planning Commission has reviewed each of the exactions imposed on the Develo] contained in this resolution, and hereby finds, in this case, that the exactions are imp05 to mitigate impacts caused by or reasonably related to the project, and the extent and degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to buildi permit. 1. If any of the following conditions fail to occur; or if they are, by their terms, to implemented and maintained over time, if any of such conditions fail to be implemented and maintained according to their terms, the City shall have the right revoke or modify all approvals herein granted; deny or further condition issuance of future building permits; deny, revoke or fkther condition all certificates of occupar issued under the authority of approvals herein granted; institute and prosecute litigatior compel their compliance with said conditions or seek damages for their violation. vested rights are gained by Developer or a successor in interest by the City’s approval this Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all correctic and modifications to the Coastal Development Permit documents, as necessary to m; them internally consistent and in conformity with the final action on the projc Development shall occur substantially as shown on the approved Exhibits. Any propo; development different from this approval, shall require an amendment to this approval. 3. The Developer shall comply with all applicable provisions of federal, state, and IC ordinances in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the pap of any fees in-lieu thereof, imposed by this approval or imposed by law on this Pro. are challenged, this approval shall be suspended as provided in Government Code Sect 66020. If any such condition is determined to be invalid this approval shall be inv; unless the City Council determines that the project without the condition complies v all requirements of law. 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend hold harmless the City of Carlsbad, its Council members, officers, employees, agents, representatives, from and against any and all liabilities, losses, damages, demands, cla and costs, including court costs and attorney’s fees incurred by the City arising, dire1 11 PC RES0 NO. 4655 -3- 0 e 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 or indirectly, from (a) City’s approval and issuance of this Coastal Development Perm (b) City’s approval or issuance of any permit or action, whether discretionary or nc discretionary, in connection with the use contemplated herein, and 1 Developer/Operator’s installation and operation of the facility permitted here1 including without limitation, any and all liabilities arising from the emission by 1 facility of electromagnetic fields or other energy waves or emissions. 6. Prior to the issuance of a building permit, the Developer shall provide proof to 1 Director from the Carlsbad School District that this project has satisfied its obligation provide school facilities. 7. This project shall comply with all conditions and mitigation measures which are requi~ as part of the Zone 22 Local Facilities Management Plan and any amendments made that Plan prior to the issuance of building permits. 8. Building permits will not be issued for this project unless the local agency providi water and sewer services to the project provides written certification to the City tl adequate water service and sewer facilities, respectively, are available to the project at 1 time of the application for the building permit, and that water and sewer capacity a 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 within t (2) years of approval or this coastal development permit will expire unless extended 1 Section 21.201.210 of the Zoning Ordinance. 10. Prior to the issuance of the building permit, Developer shall submit to the City a Notic Restriction to be filed in the office of the County Recorder, subject to the satisfactiol the Planning Director, notifying all interested parties and successors in interest that City of Carlsbad has issued a Coastal Development Permit by Resolution No. 4655 the property owned by the Developer. Said Notice of Restriction shall note the prop description, location of the file containing complete project details and all condition, approval as well as any conditions of restrictions specified for inclusion in the No Restriction. The Planning Director has the authority to execute and record an amendn to the notice which modifies or terminates said notice upon a showing of good caust the Developer or successor in interest. 11. The Developer shall pay his fair share for the “short-term improvements” to thl Camino Real/ Palomar Airport Road intersection prior to the issuance of a builc permit. The amount shall be determined by the methodology ultimately selectec Council, including but not limited to, an increase in the city-wide traffic impact an increased or new Zone 22 LFMP fee; the creation of a fee or assessment distl or incorporation into a Mello-Roos taxing district. Enpineering 12. Prior to issuance of any building permit, the developer shall comply with requirements of the City’s anti-graffiti program for wall treatments if and when suc program is formerly established by the City. 11 PC RES0 NO. 4655 -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 13. Prior to hauling dirt or construction materials to or from any proposed construction s within this project, the developer shall submit to and receive approval from the C Engineer for the proposed haul route. The developer shall comply with all conditions a requirements the City Engineer may impose with regards to the hauling operation. 14. The developer shall pay all current fees and deposits required. 15. The owner of the subject property shall execute an agreement holding the City harmlt regarding drainage across the adjacent property. Code Reminders 16. Developer shall pay the License Tax on new construction imposed by Carlsbad Munici] Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywide Pub Facilities Fee imposed by City Council Policy #17, subject to any credits authorized Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applical Local Facilities Management Plan fee for Zone 22, pursuant to Chapter 21.90. All su taxedfees shall be paid at issuance of building permit. If the taxedfees and not paid, tl approval will not be consistent with the General Plan and shall become void. 17. Approval of this request shall not excuse compliance with all applicable sections of 1 Zoning Ordinance and all other applicable City ordinances in effect at time of buildi permit issuance, except as otherwise specifically provided herein. 18. Addresses, approved by the Building Official, shall be placed on all new and existj buildings so as to be plainly visible from the street or access road; color of identificatj and/or addresses shall contrast to their background color, as required by Carlst: Municipal Code Section 18.04.320. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fe dedications, reservations, or other exactions hereafter collectively referred to for convenience “fees/exactions.” You have 90 days from the date of final approval to protest imposition of these fees/exactions. you protest them, you must follow the protest procedure set forth in Government Code Sect 66020(a), and file the protest and any other required information with the City Manager processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tim follow that procedure will bar any subsequent legal action to attack, review, set aside, void, annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactil DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planni zoning, grading or other similar application processing or service fees in connection with 1 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been gil PC RES0 NO. 4655 -5- a 0 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 a NOTICE similar to this, or as to which the statute of limitations has previously othenv expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planni Commission of the City of Carlsbad, California, held on the 20th day of October 1999, by 1 following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: Commissioner Welshons ABSTAIN: VI- COURTNEY E. HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director ~ I] PC RES0 NO. 4655 -6-