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HomeMy WebLinkAbout2000-05-03; Planning Commission; Resolution 4759e 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 PLANNING COMMISSION RESOLUTION NO. 4759 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PROPERTY GENERALLY LOCATED UPON A PAN HANDLE LOT ALONG THE WEST SIDE OF PARK DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: KELLETT RESIDENCE CASE NO.: CDP 00-03 WHEREAS, Cyril F. Kellett & Joanne D. Kellett, “Developer/Owner,” has fil COASTAL DEVELOPMENT PERMIT CDP 00-03 ON a verified application with the City of Carlsbad regarding property described as Parcel 2 of parcel map no. 16177 in the City of Carlsbad, County of San Diego , State of California, filed in the Office of the County Recorder of San Diego County. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coas Development Permit as shown on Exhibits “A” - “E” dated May 3rd, 2000, on file in I Planning Department, KELLETT RESIDENCE, CDP 00-03 as provided by Chap 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of May, 2000, holc duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testima and arguments, if any, of all persons desiring to be heard, said Commission considered all fact1 relating to CDP 00-03. 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. B) That based on the evidence presented at the public hearing, the Commiss APPROVES KELLETT RESIDENCE, CDP 00-03 based on the follow findings and subject to the following conditions: e -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 Findings: 1. That the proposed development is in conformance with the Mello I1 segment of tl 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 family hou on a previously subdivided lot; no agricultural activities, sensitive resourcc geological instability, flood hazard or coastal access opportunities exist onsite a] the development does not obstruct views of the coastline as seen from public lan or public right of way or otherwise damage the visual beauty of the coastal zone. 2. The project is consistent with the provisions of the Coastal Resource Protectic 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 P11 and Grading Ordinance to avoid increased runoff and soil erosion, no steep slop 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 Chaptel of the Coastal Act in that the property is not located adjacent to the shore. Therefore, t project will not interfere with the public’s right to physical access to the sea and the site not suited for water-oriented recreational activities. 4. That the Planning Director has determined that the project belongs to a class of projec that the State Secretary for Resources has found do not have a significant impact on t environment, and it is therefore categorically exempt from the requirement for I preparation of environmental documents pursuant to Section 15303 (up to 3 sin! family residences in urbanized areas) of the state CEQA Guidelines. In making tl determination, the Planning Director has found that the exceptions listed in Secti 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 Loc Facilities Management Plan for Zone 1 and all City public facility policies a ordinances. The project includes elements or has been conditioned to construct provide funding to ensure that all facilities and improvements regarding: sewer collectj 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 ne Specifically, A. The project has been conditioned to provide proof from the Carlsbad Unifi School District that the project has satisfied its obligation for school facilities. 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 will collected prior to the issuance of building permit. /I PC RES0 NO. 4759 -2- e 0 1 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 D. The Local Facilities Management fee for Zone 1 is required by Carlsbr Municipal Code Section 21.90.050 and will be collected prior to issuance 1 building permit. 6. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X 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 Zon Ordinance). 7. The project is not located between the sea and the first public road parallel to the sea an therefore, is not subject to the provisions of the Coastal Shoreline Development Overl, Zone (Chapter 21.204 of the Zoning Ordinance). 9. The Planning Commission has reviewed each of the exactions imposed on the Develop contained in this resolution, and hereby finds, in this case, that the exactions are impos to mitigate impacts caused by or reasonably related to the project, and the extent and t 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 further condition all certificates of occupan issued under the authority of approvals herein granted; institute and prosecute litigation compel their compliance with said conditions or seek damages for their violation. 7 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 lo( ordinances in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payml of any fees in-lieu thereof, imposed by this approval or imposed by law on this Projl are challenged, this approval shall be suspended as provided in Government Code Secti 66020. If any such condition is determined to be invalid this approval shall be inva unless the City Council determines that the project without the condition complies w all requirements of law. 11 PC RES0 NO. 4759 -3 - 0 0 a 1 2 3 4 5 6 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend a: hold harmless the City of Carlsbad, its Council members, officers, employees, agents, a: representatives, from and against any and all liabilities, losses, damages, demands, clair and costs, including court costs and attorney’s fees incurred by the City arising, direci 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 no discretionary, in connection with the use contemplated herein, and ( Developer/Operator’s installation and operation of the facility permitted here1 including without limitation, any and all liabilities arising from the emission by t facility of electromagnetic fields or other energy waves or emissions. 7 II 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. The developer shall provide proof to the Director from the School District that tl project has satisfied its obligation to provide school facilities. 7. This project shall comply with all conditions and mitigation measures which are requirl 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 providil water and sewer services to the project provides written certification to the City tk adequate water service and sewer facilities, respectively, are available to the project at t 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 r: Section 2 1.201.2 10 of the Zoning Ordinance. 10. The developer shall submit to the City a Notice of Restriction to be filed in the office the County Recorder, subject to the satisfaction of the Planning Director, notifying interested parties and successors in interest that the City of Carlsbad has issued a Coa! Development Permit by Resolution No. 4759 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 2 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. 11. At issuance of building permits, the Developer shall pay to the City an inclusion housing impact fee as an individual fee on a per market rate dwelling unit basis in amount in effect at the time, as established by City Council Resolution from time to tim Enpineering - 12. 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. PC RES0 NO. 4759 -4- e 0 1 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 13. Prior to occupancy, Developer shall install rain gutters to convey roof drainage an approved drainage course or street to the satisfaction of the City Engineer. 14. Developer shall cause property owner to execute and submit to the City Engine for recordation the City’s standard form Drainage Hold Harmless Agreeme regarding drainage across the adjacent property. 15. Prior to approval of any grading or building permits for this project, the owner shall gi written consent to the annexation of the area shown within the boundaries of t subdivision into the existing City of Carlsbad Street Lighting and Landscaping Dish No. 1 on a form provided by the City. 16. The developer shall pay all current fees and deposits required. Code Reminders 17. 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 1, pursuant to Chapter 21.90. All su taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, tl approval will not be consistent with the General Plan and shall become void. 18. 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. 19. 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 identificatj and/or addresses shall contrast to their background color, as required by Carlsk Municipal Code Section 18.04.320. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fc dedications, reservations, or other exactions hereafter collectively referred to for convenience “fees/exactions.” You have 90 days from 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 feedexactit 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 PC RES0 NO. 4759 -5- e * 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 19 ~ 21 23 22 24 25 26 27 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been gi. a NOTICE similar to this, or as to which the statute of limitations has previously otherv expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Plann Commission of the City of Carlsbad, California, held on the 3rd day of May, 2000, by following vote, to wit: AYES: Chairperson Compas, Commissioners Segall, Baker, L’Heureux, Trigas and Heineman NOES: ABSENT: Commissioner Nielsen ABSTAIN: WILLIAM COMPAS, Chairperson CAlUSBAD PLANNING COMMISSION ~ ATTEST: I MICHAEL J. HO~ZMILL& Planning Director 28 PC RES0 NO. 4759 -6-