HomeMy WebLinkAbout2000-11-15; Planning Commission; Resolution 48611
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PLANNING COMMISSION RESOLUTION NO. 4861
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT AMENDMENT NO.
CDP 98-12(A) TO ALLOW A MINOR MODIFICATION
(ROOM ADDITION) TO AN APPROVED YET
UNCONSTRUCTED SINGLE-FAMILY RESIDENCE ON
PROPERTY GENERALLY LOCATED NEAR THE TERMINUS
OF NAVIGATOR CIRCLE, IN THE ROSALENA
SUBDIVISION OF THE POINSETTIA SHORES MASTER
PLAN IN LOCAL FACILITIES MANAGEMENT ZONE 9.
CASE NAME: FORTH RESIDENCE
CASE NO.: CDP 98-12(A)
WHEREAS, Andrew John Forth, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 24 of Carlsbad Tract 85-14 Phase I, in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof No. 11616, tiled in the office of the County
Recorder of San Diego County on September 12,1986.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “E” dated November 15, 2000, on tile in the
Planning Department, FORTH RESIDENCE - CDP 98-12(A) as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th 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 98-12(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B)
Findings:
That based on the evidence presented at the public hearing, the Commission
APPROVES FORTH RESIDENCE - CDP 98-12(A) based on the following
findings and subject to the following conditions:
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That the proposed development is in conformance with the West Batiquitos
LagoonSammis Properties segment of the Certified Local Coastal Program and all
applicable policies in that the site is designated for single-family residential developments
and the development is a proposed room addition to an approved yet unconstructed
single-family house on a previously subdivided lot; no agricultural activities,
sensitive resources, geological instability, flood hazard or coastal access
opportunities exist on site and the development does not obstruct views of the
coastline as seen from public lauds or public right of way or otherwise damage the
visual beauty of the coastal zone; the project complies with all applicable
requirements of the Poinsettia Shores Master Plan which is the approved coastal
zone land use implementation document for the project site.
The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.03 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, the proposed
room addition will not encroach upon the steep slopes and native vegetation which is
located on the coastal bluff and the site is not located in au 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 consistent with the Poinsettia Shores Master Plan, the
project has dedicated to the City a 10’ wide trail easement along the rear of the
subject property for the purpose of constructing a Batiquitos Lagoon bluff top trail.
The project is located in the West Batiquitos LagoonSammis Properties segment of the
LCP and, therefore, not subject to the provisions of the Coastal Resource Overlay Zone
Mello 1 Segment Ordinance (Chapter 21.205 of the Zoning Ordinance).
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 15301 (minor additions to
existing structures) 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 9 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.
PC RESO NO. 4861 -2-
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7.
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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.
The project is not located in the Coastal Agriculture Overlay Zone, according to Map X o
the Land Use Plan, certified September 1990 and, therefore, is not subject to th
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zonin;
Ordinance).
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.
PC RESO NO. 4861 -3-
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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
Amendment, (b) City’s approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) 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. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated
The developer shall provide proof to the Director from the Carlsbad Unified 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 9 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 o
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 Coasta
Development Permit Amendment by Resolution No. 4861 on the property owned by the
Developer. Said Notice of Restriction shall note the property description, location of thf
tile containing complete project details and all conditions of approval as well as an,
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 which
modifies or terminates said notice upon a showing of good cause by the Developer o:
successor in interest.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #l special tax (if applicable), 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 9, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
PC RESO NO. 4861 -4-
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12. This project is subject to all conditions of approval for CDP 98-12 except as modified
herein.
Water/Sewer
13. 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.
14. Developer shall pay all fees, deposits, and charges for connection to public facilities.
Code Reminders
15. 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.
16. 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 file 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. 4861 -5-
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th 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:
Lw+-,
WILLIAM COMPAS, Chairper.&
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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