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HomeMy WebLinkAbout2000-06-07; Planning Commission; Resolution 4785a 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. 4785 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 34(A), TO ALLOW A 28 UNIT AFFORDABLE APARTMENT PROJECT ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF COBBLESTONE ROAD AND MENT ZONE 20. CASE NAME: MARIANO AFFORDABLE APARTMENTS CASE NO.: CDP 97-34(A) WHEREAS, Pacific Vista Las Flores, L.P., “Developer”/”Owner” has filed COASTAL DEVELOPMENT PERMIT AMENDMENT, CDP 97- AVIARA PARJSWAY IN LOCAL FACILITIES MANAGE- verified application with the City of Carlsbad regarding property described as Lot 134 of the City of Carlsbad Tract 97-14, Unit No. 1 (Mariano) in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 13840, filed in the office of the County Recorder of San Diego County, September 1,1999 as File No. 99-604320, O.R. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coas Development Permit Amendment as shown on Exhibits “A” - “V” dated June 7, 2000,on f in the Planning Department, MARIAN0 AFFORDABLE APARTMENTS - CDP 97-34(1 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of June, 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 testimo 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 Planni Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. r , 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 e B) That based on the evidence presented at the public hearing, the Commissic based on the following findings and subject to the following conditions: APPROVES MARIANO AFFORDABLE APARTMENTS - CDP 97-340 Findings: 1. That the proposed development is in conformance with the Certified Local Coas Program and all applicable policies and the Coastal Resource Protection Overlay Zo in that the affordable housing site proposed to be developed with 28 affordak apartment units has been previously found in compliance with the applicable Me: I1 LCP resource preservation policies and implementing ordinances pertaining soil erosion, sediment control, and drainage facilities as part of the subdivision ma coastal development permit, and subsequent grading permit. The propos apartment units are consistent with all applicable zoning regulations including PI 97-11, and the LCP Land Use and Zoning Maps. The development is also consiste with Chapter 3 of the Coastal Act because there are no public recreation or accc requirements for this property. 2. The Planning Commission has reviewed each of the exactions imposed on the DeveloI 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 I degree of the exaction is in rough proportionality to the impact caused by the project. 3. The proposal is in conformity with the public access and recreation policies Chapter 3 of the Coastal Act in that the project is not located adjacent to the sho. Therefore, the project will not interfere with the public’s right to physical access the sea and the site is not suited for water-oriented recreational activities. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance 0: grading permit or building permit, whichever comes first. 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 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. CDP 97-34(A) shall only apply to the affordable housing site, Lot 134 of CT 97-14, 3. 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 propoi development different fiom this approval, shall require an amendment to this approval. PC RES0 NO. 4785 -2- 0 e 1 4. The Developer shall comply with all applicable provisions of federal, state, and loc 2 ordinances in effect at the time of building permit issuance. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 5. 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 Projt are challenged, this approval shall be suspended as provided in Government Code Sectil 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. 6. 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, clail and costs, including court costs and attorney’s fees incurred by the City arising, direc or indirectly, fiom (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 I 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. The Developer shall submit to the Planning Department a reproducible 24” x 3( mylar copy of the site plan reflecting the conditions approved by the final decisi making body. 8. Developer shall provide proof to the Director from the School District that this projl has satisfied its obligation to provide school facilities. 9. This project shall comply with all conditions and mitigation measures which are requil as part of the Zone 20 Local Facilities Management Plan and any amendments made that Plan prior to the issuance of building permits. 20 10. 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 time of the application for the building permit, and that water and sewer capacity 2 21 adequate water service and sewer facilities, respectively, are available to the project at 1 22 facilities will continue to be available until the time of occupancy. 23 24 11. This approval is granted subject to the approval of SDP 97-16(A) and is subject to conditions contained in Planning Commission Resolution 4784 for those of 25 approvals. (2) years of approval or this coastal development permit will expire unless extended 26 12. The applicant shall apply for and be issued building permits for this project within t 27 I/ Section 21.201.210 of the Zoning Ordinance. 28 13. The applicant shall apply for and obtain a grading permit issued by the City Engineer. 11 PC RES0 NO. 4785 -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 14. If a grading permit is required, all grading activities shall be planned in units that can completed by October 1st. Grading activities shall be limited to the “dry season”, Ap 1st to October 1 st of each year. Grading activities may be extended to November 12 upon written approval of the City Engineer and only if all erosion control measures are place by October 1st. 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 date of final approval to protest imposition of these feedexactions. you protest them, you must follow the protest procedure set forth in Government Code Sectii 66020(a), and file the protest and any other required information with the City Manager 1 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timc 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 feedexactio DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannir zoning, grading or other similar application processing or service fees in connection with tl project; NOR DOES IT APPLY to any fees/exactions of which you have previously been giv a NOTICE similar to this, or as to which the statute of limitations has previously othenvi expired. . .. ... ... ~ ... ~ ... ~ I . .. ... ... 11 PC RES0 NO. 4785 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planni Commission of the City of Carlsbad, California, held on the 7th day of June, 2000, by t following vote, to wit: AYES: Chairperson Compas, Commissioners Baker, Heineman, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: ABSTAIN: d&&m & WILLIAM COMPAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director 11 PC RES0 NO. 4785 -5-