HomeMy WebLinkAbout2000-11-01; Planning Commission; Resolution 48571
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PLANNING COMMISSION RESOLUTION NO. 4857
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 00-30 ON
PROPERTY GENERALLY LOCATED AT 334 DATE AVENUE
IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: DAUN SECOND DWELLING UNIT
CASE NO.: CDP 00-30
WHEREAS, Julie Daun, “Developer/Owner,” has filed a verified application
with the City of Carlsbad regarding property described as
The Northeasterly one-half of Lot 2 in Block T of Palisades No.
2, in the City of Carlsbad, according to map thereof No. 1803,
filed in the office of the county recorder of San Diego County,
August 25,1924.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “B” dated November 1, 2000, on tile in the
Planning Department, DAUN SECOND DWELLING UNIT - CDP 00-30 as provided by
Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of November, 2000,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to CDP 00-30.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES DAUN SECOND DWELLING UNIT - CDP 00-30 based on the
following findings and subject to the following conditions:
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Findings:
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That the proposed development is in conformance with the Mello II segment of the
Certified Local Coastal Program and all applicable policies in that the site is designated
for single-family and two-family residential developments and the development is a
detached second dwelling unit to an existing single-family residence, as permitted
pursuant to Affordable Housing Policy l-l, no agricultural activities, sensitive
resources, geological instability, flood hazard or coastal access opportunities exist on
site and the second dwelling unit does not obstruct views of the coastline as seen
from public lands or the public right-of-way.
The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will
adhere to the City’s Master Drainage and Storm Water Quality Management Plan
and Grading Ordinance to avoid increased runoff and soil erosion, no steep slopes
or native vegetation is located on the subject property and the site is not located in
an area prone to landslides, or susceptible to accelerated erosion, floods or
liquefaction.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the property is not located adjacent to the shore. Therefore,
the project will not interfere with the public’s right to physical access to the sea and
the site is not suited for water-oriented recreational activities.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303 (one single-family
residence or a second dwelling unit in a residential zone) of the state CEQA
Guidelines. In making this determination, the Planning Director has found that the
exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this
project.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; tire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
A. The project has been conditioned to provide proof from the Carlsbad Unified
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 will be
collected prior to the issuance of building permit.
PC RESO NO. 4857 -2.
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C. The Local Facilities Management fee for Zone 1 is required by Carlsbad
Municipal Code section 21.90.050 and will be collected prior to issuance of the
building permit.
6. The project is not located in the Coastal Agriculture Overlay Zone, according to Maf
X of the Land Use Plan, certified September 1990 and, therefore, is not subject to the
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).
7. The project is not located between the sea and the first public road parahel to the
sea and, therefore, is not subject to the provisions of the Coastal Shoreline
Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance).
8. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
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 building
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permit.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted, institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Coastal Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
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5.
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The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Coastal Development Permit,
(b) City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (cl Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
The Developer shall provide proof to the Director from the School District that this
project has satisfied its obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
The applicant shall apply for and be issued building permits for this project within two (2:
years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
The Developer shall submit to the City a Notice of Restriction to be filed in the office 01
the County Recorder, subject to the satisfaction of the Planning Director, notifying al:
interested parties and successors in interest that the City of Carlsbad has issued a Coastal
Development Permit by Resolution No. 4897 on the property owned by the Developer,
Said Notice of Restriction shall note the property description, location of the tile
containing complete project details and all conditions of approval as well as any
conditions of restrictions specified for inclusion in the Notice Restriction. The Planning
Director has the authority to execute and record an amendment to the notice whict
modifies or terminates said notice upon a showing of good cause by the Developer or
successor in interest.
Approval of CDP 00-30 is granted subject to the approval of SDU 00-21. SDU 00-21 is
subject to all conditions contained in CDP 00-30 for the Coastal Development Permit.
Engineering
12. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
PC RESO NO. 4857 -4-
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13. Developer shall comply with the requirements of the City’s anti-graffiti program for wall
treatments if and when such a program is formally established by the City.
14. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer
Fees/Agreements
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Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
If the proposed development exceeds a building valuation of $75,000 as determined by
the City Building Department at the time of issuance of building permit, developer shall
cause property owner to enter into a “Neighborhood Improvement Agreement” with the
City for the future public improvement of paving, base, sidewalks, curbs and gutters,
grading, undergrounding or relocation of utilities, sewer, water, fire hydrants, and street
lights prior to the issuance of building permit.
Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Developer shall pay the License Tax on new construction imposed by Carlsbad Municipal
Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywide Public
Facilities Fee imposed by City Council Policy #17, subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this
approval will not be consistent with the General Plan and shall become void.
Dedications/lmDrovements
19. Owner shall make an irrevocable offer of dedication to the City and/or other appropriate
entities for all public streets and other easements shown on the site plan. The offer shall
be made by a separate recorded document. All land so offered shall be offered free and
clear of all liens and encumbrances and without cost. Streets that are already public are
not required to be rededicated.
Water/Sewer/Recycled Water
20. This project is approved upon the expressed condition that building permits will not be
issued for the development of the subject property unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy.
21. Developer shall pay all fees, deposits, and charges for connection to public facilities.
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Code Reminders
22. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
23. Addresses, approved by the Building Official, shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of identification
and/or addresses shall contrast to their background color, as required by Carlsbad
Municipal Code Section 18.04.320.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and tile the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
. .
PC RESO NO. 4857 -6-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 1st day of November 2000, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Baker, Heineman,
L’Heureux, Nielsen, Segall and Trigas
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING C-OMMISSION
ATTEST:
Planning Director
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