HomeMy WebLinkAbout2001-05-16; Planning Commission; Resolution 49801
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PLANNING COMMISSION RESOLUTION NO. 4980
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 01-03 ON
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF REDWOOD AVENUE, JUST EAST OF CARLSBAD
BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE
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CASE NAME: WHITE WATER ESTATES #l
CASE NO.: CDP 01-03
WHEREAS, Al Corbin, “Developer”, has filed a verified application with the
City of Carlsbad regarding property owned by Eldean M. Bratton “Owner,” described as
Lot 19 in block “G” of Palisades, in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No. 1747 Filed in the Office of the County Recorder of
San Diego County, February 5,1923.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “F” dated May 16, 2001, on tile in the
Planning Department, WHITE WATER ESTATES #l - CDP 01-03 as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of May 2001, 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 01-03.
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 WHITE WATER ESTATES #l, CDP 01-03 based on the
following findings and subject to the following conditions:
Findings:
1. 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 residential developments and the development is a single-family
house on a previously subdivided lot; no agricultural activities, sensitive resources,
geological instability, flood hazard or coastal access opportunities exist onsite and
the development does not obstruct views of the coastline as seen from public lands
or public right-of-way or otherwise damage the visual beauty of the coastal zone.
2. 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, 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.
3. 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.
4. 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 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.
5. 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; 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.
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.
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6. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X OI
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 parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 2 1.204 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.
The Developer/Operator shall and does hereby agree to indemnity, 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
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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.
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 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 2 1.201.2 10 of the Zoning Ordinance.
The developer shall submit to the City a Notice of Restriction to be filed in the office oj
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. 4980 on the property owned by the Developer
Said Notice of Restriction shall note the property description, location of the file
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 which
modifies or terminates said notice upon a showing of good cause by the Developer or
successor in interest.
At issuance of building permits, the Developer shall pay to the City an inclusionary
housing impact fee as an individual fee on a per market rate dwelling unit basis in the
amount in effect at the time, as established by City Council Resolution from time to time.
Engineering
General
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.
13. Developer shall comply with the requirements of the City’s anti-graffiti program for wal
treatments if and when such a program is formally established by the City.
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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
15. 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.
16. 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.
Dedications/Improvements
17. Developer shall cause Owner to execute a covenant of easement for a drainage easement
over Lot 2 and 20 for the benefit of Lot 19 as shown on the site plan. The obligation to
execute and record the covenant of easement shall be shown and recording information
called out on the site plan. Developer shall provide City Engineer with proof of
recordation prior to issuance of building permit.
18. Developer shall replace worn or damaged curb and all sidewalk along all public
streets abutting the project site in conformance with City of Carlsbad Standards. Said
work may be completed prior to occupancy upon completion of a “Right-of-Way
Security Deposit Agreement” and deposit of cash in an amount covering the
estimated cost of said work with a “contingency cost” as determined by the City
Engineer. The cash deposit must be submitted prior to the issuance of a building
permit. No work within the public right-of-way may begin without City issuance of
a Right-of-Way Permit.
19. No facilities or improvements shall be installed within any onsite easement(s)
without the easement holder’s permission.
Water and Sewer
20. Developer shall pay all fees, deposits, and charges for connection to public facilities.
Developer shall pay the San Diego County Water Authority capacity charge(s) prior to
issuance of Building Permits.
21. The Developer shall install potable water and recycled water services and meters at a
location approved by the Deputy City Engineer - Utilities.
22. The Developer shall install sewer laterals and clean-outs at a location approved by the
Deputy City Engineer - Utilities.
23. 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 -
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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 License Tax on new construction imposed by Carlsbad Municipal
Code Section 5.09.030, and CFD #l 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.
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.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 11.06 (the Grading Ordinance) to the satisfaction
of the City Engineer.
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 16th day of May 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman,
L’Heureux, and Trigas
NOES:
ABSENT:
ABSTAIN:
Commissioner Nielsen
QQ
CARLSBAD PLANkNG1::~ISSION
ATTEST:
Planning Director
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