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HomeMy WebLinkAbout2000-11-15; Planning Commission; Resolution 48611 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. 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. 1 2 1 4 5 6 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 1. 2. 3. 4. 5. 6. 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- 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 7. 8. 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 1. 2. 3. 4. 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- 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 5. 6. 7. 8. 9. 10. 11. 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- 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 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 PC RESO NO. 4861 -6-