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HomeMy WebLinkAbout2000-04-19; Planning Commission; Resolution 47571 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. 4757 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PROPERTY GENERALLY LOCATED AT 2374 PI0 PIC0 DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: LANZA RESIDENCE SDU CASE NO.: CDP 99-50 WHEREAS, Frank and Joyce Lanza, “Developer”/”Owner”, have filed COASTAL DEVELOPMENT PERMIT CDP 99-50 ON verified application with the City of Carlsbad regarding property described as That portion of Tract 6 and of Olive Drive adjoining said Tract 6 on the west of Laguna Mesa Tracts, according to map No. 1719 filed June 20,1921 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coas Development Permit as shown on Exhibits “A” - “C” dated April 19, 2000, on file in 1 Planning Department, LANZA RESIDENCE SDU - CDP 99-50 as provided by Chap 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of April 2000, hc a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimo and arguments, if any, of all persons desiring to be heard, said Commission considered all factc relating to CDP 99-50. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni 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 Commissic APPROVES LANZA RESIDENCE SDU, CDP 99-50 based on the followil findings and subject to the following conditions: I ~ I c 0 e 1 2 Findinm: 3 4 5 6 7 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 designa for single family residential developments and the development is a detached seca dwelling unit to an existing single family residence, as permitted pursuant Affordable Housing Policy 1-1, no agricultural activities, sensitive resourc geological instability, flood hazard or coastal access opportunities exist on site a the second dwelling unit does not obstruct views of the coastline as seen from pul lands or the public right-of-way. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. The project is consistent with the provisions of the Coastal Resource Protect Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project 7 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 slo] 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. The proposal is in conformity with the public access and recreation policies of Chaptc of the Coastal Act in that the property is not located adjacent to the shore. Therefc the project will not interfere with the public’s right to physical access to the sea a the site is not suited for water-oriented recreational activities. 4. That the Planning Director has determined that the project belongs to a class of projt 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 (one single fan residence or a second dwelling unit in a residential zone) of the state CE( Guidelines. In malung this determination, the Planning Director has found that exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to 1 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 construct 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 Unil 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. )I PC RES0 NO. 4757 -2- Y 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 C. The Local Facilities Management fee for Zone 1 is required by Carlsl Municipal Code section 21.90.050 and will be collected prior to issuance of building permit. 6. The project is not located in the Coastal Agriculture Overlay Zone, according to T X of the Land Use Plan, certified September 1990 and, therefore, is not subject ta provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the 201 Ordinance). 7. The project is not located between the sea and the first public road parallel to the and, therefore, is not subject to the provisions of the Coastal Shoreline Developn Overlay Zone (Chapter 21.204 of the Zoning Ordinance). 8. 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 imp( 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 fwther condition issuance of hture building permits; deny, revoke or further condition all certificates of occupar issued under the authority of approvals herein granted; institute and prosecute litigation compel their compliance with said conditions or seek damages for their violation. 1 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 correctio and modifications to the Coastal Development Permit documents, as necessary to ma them internally consistent and in conformity with the final action on the proje Development shall occur substantially as shown on the approved Exhibits. Any propos 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 loc ordinances in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payme of any fees in-lieu thereof, imposed by this approval or imposed by law on this Projc are challenged, this approval shall be suspended as provided in Government Code Sectic 66020. If any such condition is determined to be invalid this approval shall be inval unless the City Council determines that the project without the condition complies wi all requirements of law. ~ ~ )I PC RES0 NO. 4757 -3- v 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 5. The Developer/Operator shall and does hereby agree to indemnifl, 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 or indirectly, from (a) City’s approval and issuance of this Coastal Development Perr. (b) City’s approval or issuance of any permit or action, whether discretionary or ni discretionary, in connection with the use contemplated herein, and Developer/Operator’s installation and operation of the facility permitted here including without limitation, any and all liabilities arising from the emission by facility of electromagnetic fields or other energy waves or emissions. 6. The Developer shall provide proof to the Director from the School District that 1 project has satisfied its obligation to provide school facilities. 7. This project shall comply with all conditions and mitigation measures which are requil as part of the Zone 1 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 providj 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. time of the application for the building permit, and that water and sewer capacity E 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 two years of approval or this coastal development permit will expire unless extended Section 2 1.20 1.2 10 of the Zoning Ordinance. 10. The Developer shall submit to the City a Notice of Restriction to be filed in the offict the County Recorder, subject to the satisfaction of the Planning Director, notifylng interested parties and successors in interest that the City of Carlsbad has issued a Coa! Development Permit by Resolution No. 4757 on the property owned by the Develo] Said Notice of Restriction shall note the property description, location of the containing complete project details and all conditions of approval as well as i conditions of restrictions specified for inclusion in the Notice Restriction. The Plann Director has the authority to execute and record an amendment to the notice wh modifies or terminates said notice upon a showing of good cause by the Developer successor in interest. Enpineering 11. Developer shall cause property owner to execute and submit to the City Engineer j recordation the City’s standard form Drainage Hold Harmless Agreement regardi. drainage across the adjacent property. 12. Prior to approval of any grading or building permits for this project, Developer sk cause Owner to give written consent to the City Engineer to the annexation of the art shown within the boundaries of the subdivision into the existing City of Carlsbad Stre Lighting and Landscaping District No. 1 , on a form provided by the City Engineer. PC RES0 NO. 4757 -4- 0 1 ll 2 13. Pi0 Pic0 Drive shall be dedicated by the Owner along the project frontage based o Standards. 3 center line to right-of-way width of 30 feet and in conformance with City of Carlsl 4 5 6 7 8 14. Applicant is aware that the City Council is considering amending its street des standards and has appointed a committee to study the issue and mh recommendations. Applicant agrees to conform the improvements on Pi0 PI Drive to the amended standards if adopted. This condition will automatically exp upon expiration of the urgency ordinance and shall be of no force or effect unlt prior to that time, the City Council acts to adopt such new street standar otherwise the unmodified standards shall control. 9 Code Reminders 10 15. 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 build 11 permit issuance, except as otherwise specifically provided herein. 12 13 14 15 16 16. Developer shall pay the License Tax on new construction imposed by Carlsbad Municil 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 1, pursuant to Chapter 21.90. All su taxeslfees shall be paid at issuance of building permit. If the taxes/fees and not paid, t! approval will not be consistent with the General Plan and shall become void. 17 17. Addresses, approved by the Building Official, shall be placed on all new and existi buildings so as to be plainly visible from the street or access road; color of identificati Municipal Code Section 18.04.320. 18 and/or addresses shall contrast to their background color, as required by Carlsb 19 20 21 Please take NOTICE that approval of your project includes the “imposition” of fei 22 dedications, reservations, or other exactions hereafter collectively referred to for convenience NOTICE 23 24 25 26 27 “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feeslexactions. you protest them, you must follow the protest procedure set forth in Government Code Sectic 66020(a), and file the protest and any other required information with the City Manager f processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to time follow that procedure will bar any subsequent legal action to attack, review, set aside, void, annul their imposition. 28 You are hereby FURTHER NOTIFIED that your right to protest the specified feeslexactio DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannin PC RES0 NO. 4757 -5- 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 zoning, grading or other similar application processing or service fees in connection with project; NOR DOES IT APPLY to any feedexactions of which you have previously been gi a NOTICE similar to this, or as to which the statute of limitations has previously othen expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Plann Commission of the City of Carlsbad, California, held on the 19th day of April 2000, by following vote, to wit: AYES: Chairperson Compas, Commissioners Baker, Heineman, L’Heureux, and Nielsen NOES: ABSENT: Commissioners Segall and Trigas ABSTAIN: Y2L%&7%& WILLIAM COMPAS, ChaiGerson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HO-ILL% Planning Director PC RES0 NO. 4757 -6-