HomeMy WebLinkAbout2001-02-21; Planning Commission; Resolution 4921PLANNING COMMISSION RESOLUTION NO. 4921
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT CDP 00-48 TO ALLOW
THE CONSTRUCTION OF A 638 SQUARE FOOT SECOND
DWELLING UNIT ABOVE AN EXISTING GARAGE ON
PROPERTY GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF TAMARACK AVENUE AND THE NORTH SAN
DIEGO RAILROAD RIGHT-OF-WAY IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: SISSON SECOND DWELLING UNIT
CASE NO.: CDP 00-48
WHEREAS, Craig Simon, “Developer”/“Owner”, has filed a verified application
with the City of Carlsbad regarding property described as
Lot 6 of Palisades No. 2, according to Map No. 1803, filed in
the Office of the County Recorder on August 25, 1924, in the
City of Carlsbad, County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “B” dated February 21, 2001, on file in the
Planning Department, SISSON SECOND DWELLING UNIT - CDP 00-48 as provided by
Chapter 2 1.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of February 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 the CDP.
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) That based on the evidence presented at the public hearing, the Commission
APPROVES SISSON SECOND DWELLING UNIT - CDP 00-48 based on
the following findings and subject to the following conditions:
Findings:
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That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the development is a second dwelling unit
associated with a single-family residence as permitted by Affordable Housing Policy
l-l of the Mello I1 Local Coastal Program; no prime agricultural lands, sensitive
resources, areas of geologic instability, flood hazards, coastal access or coastal
recreational opportunities exist on the developed single-family site and no public
views of the coastline will be obstructed.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the project site is located over 0.5 miles from the Pacific
Ocean and is bounded by a public street, Tamarack Avenue, and the North San
Diego Railroad right-of-way.
The project is not located in the Coastal Agriculture Overlay Zone, according to
Map X of the Land Use Plan, certified September 1980 and, therefore, is not subject
to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the
Zoning Ordinance).
The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes exist
on the developed property, there is no grading proposed with the project, and the
site is not prone to landslides or susceptible to accelerated erosion, floods or
liquefaction.
The project site is not located between the sea and the first public road parallel 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).
The project is located in the Mello II segment of the Coastal Zone and, therefore, is
not subject to the provisions of the Coastal Resource Overlay Zone Mello I 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 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
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and treatment; water; drainage: circulation; fire; 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.
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 issuance of building permit.
9. The Planning Director 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:
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Unless otherwise specified herein, all conditions shall be satisfied prior to building
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.
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
PC RESO NO. 4921 -3.
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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 (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.
Developer shall provide proof to the Director from the Carlsbad 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.
This approval is granted subject to the approval of SDU 00-22 and is subject to all
conditions contained in the administrative approval letter for that project.
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 ofthe Zoning Ordinance.
Developer shall submit to the City a Notice of Restriction to be tiled in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Coastal
Development Permit by Resolution No. 4921 on the real 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 or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice that
modifies or terminates said notice upon a showing of good cause by the Developer or
successor in interest.
Engineering:
11. 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.
12. 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.
13. Developer shall cause Owner to 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.
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14. Developer shall pay all fees, deposits, and charges for any proposed connection to public
facilities. Developer shall pay the San Diego County Water Authority capacity charge(s)
prior to issuance of Building Permits.
15. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the Deputy City Engineer ~
Utilities has determined that adequate water and sewer facilities are available at the time
of occupancy.
Code Reminders:
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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 #1 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 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.
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 othenvise specifically provided herein.
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.
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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 21st day of February 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compaq Heineman,
Nielsen, and Trigas
NOES :
ABSENT: Commissioner L’Heureux
ABSTAIN:
%
CARLSBAD PLANNING C:;ISSION
ATTEST:
MICHAEL J. HxZMItiR
Planning Director
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