HomeMy WebLinkAbout2000-06-07; Planning Commission; Resolution 4785a 0
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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.
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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-
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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.
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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.
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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
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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-
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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.
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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-