HomeMy WebLinkAbout2001-06-06; Planning Commission; Resolution 49961
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PLANNING COMMISSION RESOLUTION NO. 4996
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 00-65 ON
PROPERTY GENERALLY LOCATED AT 5021 TIERRA DEL
OR0 STREET IN LOCAL FACILITIES MANAGEMENT ZONE
3.
CASE NAME:
CASE NO.:
CLEMENTS RESIDENCE
CDP 00-65
WHEREAS, Robert Soto, “Developer,” has filed a verified application with the
City of Carlsbad regarding property owned by The William Clements Trust, “Owner,”
described as
Lot 13 of Tierra de1 Oro Subdivision according to Map thereof
No. 3052, filed in the Office of the County Recorder of San
Diego County February 4,1954.
(“the Property”); and
WHEREAS, said veritied application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “G” dated June 6, 2001, on file in the
Planning Department, CLEMENTS RESIDENCE - CDP 00-65 as provided by Chapter
2 1.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of June 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 the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
1 Commission of the City of Carlsbad as follows:
I 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 CLEMENTS RESIDENCE - CDP 00-65 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 development is an
addition to an existing single-family house on a previously subdivided lot; no
agricultural activities, sensitive resources, geological instability, flood hazard or
coastal access opportunities exist on the site 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. The site is not located in an
area prone to landslides or susceptible to accelerated erosion, floods, or liquefaction.
No development of existing slopes is proposed. The proposed second story addition
to the existing residence is permitted in that:
A. A geotechnical analysis of the site was prepared. The analysis concluded that the
proposed development would have a useful life of at least 75 years and that the
development would have no adverse effect on the stability of the coastal slope.
3. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that no opportunities for coastal access exist on the site and the
subject property was not identified as a potential lot for future additional public access to
the shoreline in the Local Coastal Program.
4. The project is consistent with the provisions of the Coastal Shoreline Development
Overlay Zone (Chapter 2 1.204 of the Zoning Ordinance) in that the site is not now, and
has not historically, been used for vertical access. No vertical access is warranted
for this development based upon the ordinance criteria. A geotechnical analysis of
the project site was prepared. The analysis concluded that the proposed
development will have a useful life of at least 75 years and that the development will
have no adverse effects on the stability of the coastal slope. The proposed
residential addition has been designed with attractive architectural features, which
will be compatible with the surrounding development and natural environment.
The building has been designed with a one-story element along Tierra De1 Oro
Street. No grading is proposed. The project adheres to all coastal “stringline”
setback requirements for the placement of structures, decks and balconies.
5. 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 (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.
PC RESO NO. 4996 -2-
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16 Conditions:
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6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 3 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.
7. The project is not located in the Coastal Agriculture Overlay Zone, according to Map 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).
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.
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit.
1. 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.
2. 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.
3. 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.
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4. 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.
5. 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 (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.
6. The Developer shall submit to the Planning Department a reproducible 24” x 36”,
mylar copy of the Site Plan reflecting the conditions approved by the final decision
making body.
7. Developer shall provide proof to the Director from the School District that this project
has satisfied its obligation to provide school facilities.
8. This project shall comply with all conditions and mitigation measures, which are required
as part of the Zone 3 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
9. 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
10. The applicant shall apply for and be issued building permits for this p.roject 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.
11. The developer shall submit to the City a Notice of Restriction to be filed 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. 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
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terminates said notice upon a showing of good cause by the Developer or successor in
interest.
12. 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 3, 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.
Engineering:
13. 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 sidewalk and undergrounding or relocation of
utilities prior to the issuance of building permit. Any proposed alternative method of
securing the installation of improvements is subject to the discretion of the City
Engineer.
14. 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.
15. 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.
Code Reminders:
16. 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 specifically provided herein.
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.
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day of June 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Heineman, L’Heureux,
Nielsen, and Trigas
NOES:
ABSENT: Commissioner Compas
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
h4icHmL J. IWLZMLER
Planning Director
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