HomeMy WebLinkAbout2000-04-05; Planning Commission; Resolution 4751* 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
PLANNING COMMISSION RESOLUTION NO. 4751
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY LOCATED AT 2319 PI0 PIC0
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE I.
CASE NAME: MOORE RESIDENCE
CASE NO.: CDP 99-56
WHEREAS, D. J. MOORE, “Developer”/ “Owner”, has filed a veri:
COASTAL DEVELOPMENT PERMIT CDP 99-56 ON
application with the City of Carlsbad regarding property described as
Portion of Tract 7, Laguna Mesa Tracts, Map 1719
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coa
Development Permit as shown on Exhibits “A”-“C” dated April 5, 2000, on file in the Planr
Department, MOORE RESIDENCE - CDP 99-56, as provided by Chapter 21.201.040 of
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of April, 2000, ho
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testim
and arguments, if any, of all persons desiring to be heard, said Commission considered all fac
relating to CDP 99-56.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plam
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 Commis:
APPROVES MOORE RESIDENCE, CDP 99-56 based on the follov
findings and subject to the following conditions:
Findinm:
1. That the proposed development is in conformance with the Mello I1 segment of
Certified Local Coastal Program and all applicable policies in that the site is design
for single family residential developments and the development is a single family hc
,
r 0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
91
on a previously subdivided lot; and no agricultural activities, sensitive resour’
geological instability, flood hazard or coastal access opportunities exist on site.
2. The project is consistent with the provisions of the Coastal Resource Protecl
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project >
adhere to the City’s Master Drainage and Storm Water Quality Management P
and Grading Ordinance to avoid increased runoff and soil erosion, no steep sla
or native vegetation is located on the subject property and the site is not locate(
an area prone to landslides, or susceptible to accelerated erosion, floods
liquefaction.
3. The proposal is in conformity with the public access and recreation policies of Chapti
of the Coastal Act in that the property is not located adjacent to the shore. Therefore,
project will not interfere with the public’s right to physical access to the sea and the si1
not suited for water-oriented recreational activities.
4. That the Planning Director has determined that the project belongs to a class of projl
that the State Secretary for Resources has found do not have a significant impact on
environment, and it is therefore categorically exempt from the requirement for
preparation of environmental documents pursuant to Section 15303 (up to 3 sir
family residences in urbanized areas) of the state CEQA Guidelines. In making
determination, the Planning Director has found that the exceptions listed in Secl
15300.2 of the state CEQA Guidelines do not apply to this project.
5. The project is consistent with the City-Wide Facilities and Improvements Plan, the LC
Facilities Management Plan for Zone 1 and all City public facility policies
ordinances. The project includes elements or has been conditioned to construcl
provide funding to ensure that all facilities and improvements regarding: sewer collecl
and treatment; water; drainage; circulation; fire; schools; parks and other recreatic
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.
L1 II
22
23
24
25
26
27
28
B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44,
will be collected prior to issuance of building permit.
C. The Public Facility fee is required to be paid by Council Policy No. 17 and wil
collected prior to the issuance of building permit.
D. The Local Facilities Management fee for Zone 1 is required by Carls
Municipal Code Section 21.90.050 and will be collected prior to issuancc
building permit.
6. That this project could have a potentially significant negative cumulative tr
impact on the Palomar Airport Road/ El Camino Real intersection. However,
project has been conditioned to pay its fair share of the “short-term improveme 11 PC RES0 NO. 4751 -2-
,
c 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
thereby, guaranteeing implementation of a mitigation measure that reduces
potential impact to a level of insignificance.
7. The project is not located in the Coastal Agriculture Overlay Zone, according to Map
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 Zo
Ordinance).
8. The project is not located between the sea and the first public road parallel to the sea 2
therefore, is not subject to the provisions of the Coastal Shoreline Development Ovel
Zone (Chapter 21.204 of the Zoning Ordinance).
9. The Planning Commission has reviewed each of the exactions imposed on the Develc
contained in this resolution, and hereby finds, in this case, that the exactions are impc
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 build
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 righ
revoke or modify all approvals herein granted; deny or further condition issuance ol
future building permits; deny, revoke or further condition all certificates of occupa
issued under the authority of approvals herein granted; institute and prosecute litigatio:
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 approva
this Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all correcti
and modifications to the Coastal Development Permit documents, as necessary to m
them internally consistent and in conformity with the final action on the proj
Development shall occur substantially as shown on the approved Exhibits. Any propc
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 1(
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 Pra
are challenged, this approval shall be suspended as provided in Government Code Sec
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 7
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,
PC RES0 NO. 4751 -3-
e e
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
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
or indirectly, from (a) City’s approval and issuance of this Coastal Development Per1
(b) City’s approval or issuance of any permit or action, whether discretionary or 1:
discretionary, in connection with the use contemplated herein, and
Developer/Operator’s installation and operation of the facility permitted hert
including without limitation, any and all liabilities arising from the emission by
facility of electromagnetic fields or other energy waves or emissions.
6. Developer shall provide proof to the Director from the School District that this pro
has satisfied its obligation to provide school facilities.
7. This project shall comply with all conditions and mitigation measures which are requ
as part of the Zone 1 Local Facilities Management Plan and any amendments mad
that Plan prior to the issuance of building permits.
8. Building permits will not be issued for this project unless the local agency provid
water and sewer services to the project provides written certification to the City I
adequate water service and sewer facilities, respectively, are available to the project at
time of the application for the building permit, and that water and sewer capacity
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 1
(2) years of approval or this coastal development permit will expire unless extended
Section 2 1.20 1.2 10 of the Zoning Ordinance.
10. Developer shall submit to the City a Notice of Restriction to be filed in the office o
County Recorder, subject to the satisfaction of the Planning Director, notifjmi
interested parties and successors in interest that the City of Carlsbad has issued a Co:
Development Permit by Resolution No. 4751 on the property owned by the Develc
Said Notice of Restriction shall note the property description, location of the
containing complete project details and all conditions of approval as well as
conditions of restrictions specified for inclusion in the Notice Restriction. The Plan
Director has the authority to execute and record an amendment to the notice w
modifies or terminates said notice upon a showing of good cause by the Develope
successor in interest.
1 1. The Developer shall pay his fair share for the “short-term improvements” to the El Car
Real/ Palomar Airport Road intersection prior to or the issuance of a building pel
whichever occurs first. The amount shall be determined by the methodology ultim;
selected by Council, including but not limited to, an increase in the city-wide tr
impact fee; an increased or new Zone 22 LFMP fee; the creation of a fee or assess1
district; or incorporation into a Mello-Roos taxing district.
12. At issuance of building permits, the Developer shall pay to the City an inclusio
housing impact fee as an individual fee on a per market rate dwelling unit basis ir
amount in effect at the time, as established by City Council Resolution from time to ti1
11 PC RES0 NO. 4751 -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
EnPineerinv:
13. Prior to hauling dirt or construction materials to or from any proposed construction
site within this project, the developer shall submit to and receive approval from the
City Engineer for the proposed haul route. The developer shall comply with all
conditions and requirements the City Engineer may impose with regards to the
hauling operation.
14. Prior to occupancy rain gutters must be provided to convey roof drainage to an appro
drainage course or street to the satisfaction of the City Engineer.
15. Developer shall cause property owner to execute and submit to the City Engin
for recordation the City’s standard form Drainage Hold Harmless Agreem
regarding drainage across the adjacent property.
16. Prior to approval of any grading or building permits for this project, Develo
shall cause Owner to give written consent to the City Engineer to the annexatiol
the area shown within the boundaries of the subdivision into the existing Cib
Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by
City Engineer.
17. The developer shall pay all current fees and deposits required.
18. The developer shall cause property owner to enter into lien contract with the (
for the future public improvement of Pi0 Pic0 along the subdivision frontage fc
half street width of thirty (30) feet. Public improvements shall include but are
limited to paving, base, sidewalks, curbs and gutters.
Code Reminders:
19. Developer shall pay the License Tax on new construction imposed by Carlsbad Munic
Code Section 5.09.030, and the Citywide Public Facilities Fee imposed by City Cou
Policy #17, subject to any credits authorized by Carlsbad Municipal Code Secl
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan
for Zone 1, pursuant to Chapter 21.90. All such taxedfees shall be paid at issuancc
building permit. If the taxedfees and not paid, this approval will not be consistent T
the General Plan and shall become void.
20. Approval of this request shall not excuse compliance with all applicable sections of
Zoning Ordinance and all other applicable City ordinances in effect at time of builc
permit issuance, except as otherwise specifically provided herein.
21. Addresses, approved by the Building Official, shall be placed on all new and exis
buildings so as to be plainly visible from the street or access road; color of identifica
and/or addresses shall contrast to their background color, as required by Carls
Municipal Code Section 18.04.320.
~
PC RES0 NO. 4751 -5-
”
4 e a
1
2
Please take NOTICE that approval of your project includes the “imposition” of fe 3
4
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
NOTICE
5
6
7
8
9
10
11
12
13
You have 90 days from the date of final approval to protest imposition of these feedexactions.
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 feedexactic
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 feedexactions of which you have previously been gi-c
a NOTICE similar to this, or as to which the statute of limitations has previously othem
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Plann
14
following vote, to wit: l5
Commission of the City of Carlsbad, California, held on the 5th day of April 2000, by
16
17
AYES: Chairperson Compas, Commissioners L’Heureux, Nielsen, Sega
and Trigas
l8 II NOES:
19
20
21
22
23
24
25
26
27
28
ABSENT: Commissioners Heineman and Baker
ABSTAIN:
I
lb!!J&w &&4
WILLIAM COMPAS, Chairpersod
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director )I PC RES0 NO. 4751 -6-