HomeMy WebLinkAbout2000-05-03; Planning Commission; Resolution 4759e 0
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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:
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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-
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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 -
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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.
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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-
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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-
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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
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PC RES0 NO. 4759 -6-