HomeMy WebLinkAbout2001-08-15; Planning Commission; Resolution 50091
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PLANNING COMMISSION RESOLUTION NO. 5009
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 01-15 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: BURNS RESIDENCE
CASE NO.: CDP 01-15
WHEREAS, John and Melody Bums, “Developer/Owner”, have filed a verified
application with the City of Carlsbad regarding property described as
Lot 23 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, filed 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” - “F” dated August 1, 2001, on file in the
Planning Department, BURNS RESIDENCE - CDP 01-15 as provided by Chapter 21.201.040
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of August 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 01-15.
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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FindinPs:
That based on the evidence presented at the public hearing, the Commission
APPROVES BURNS RESIDENCE - CDP 01-15 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
Lagoon/Sanmris 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 single-family house on a previously subdivided lot; no
agricultural activities, sensitive resources, geological instability or flood hazard
areas exist on 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; and 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 residence will not encroach upon the steep slopes and native vegetation which is
located on the coastal bluff and the site is not located in an 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 been conditioned to dedicate to the City a 10 foot 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 Lagoon/Sammis 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 15303 (single-family
residence in an urbanized area) 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; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
PC RESO NO. 5009 -2-
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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.
Conditions:
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.
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.
PC BESO NO. 5009 -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,
(b) City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (4 Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising fkom 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 9 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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 ot
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. 5009 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 01:
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.
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.
Prior to issuance of a building permit for Lot 23, the project applicant shall be required to
make an irrevocable offer of dedication of a 10 foot wide trail easement upon the
subject property for the Batiquitos Lagoon bluff trail to the satisfaction of the City
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Engineer. Trail dedications shall be accepted by the City of Carlsbad if the City
agrees and it adopts a Citywide Trials Program that includes provisions for maintenance and liability. Otherwise, prior to the issuance of any building permits,
the obligation for construction, maintenance, and liability shall be the responsibility
of the Homeowners Association. Upon acceptance of the dedication, including
maintenance and liability responsibilities, and completion of the trail improvements,
the trail shall be open for public use.
13. 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.
14. 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.
Enpineering
General
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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.
Developer shah 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.
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.
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.
Developer shall submit an erosion control plan subject to the approval of the City
Engineer. This plan shall be incorporated into the building permit plans.
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Code Reminders
20. Premise identification (addresses) shall be provided consistent with 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 15th day of August 2001, by the
following vote, to wit:
AYES: Commissioners Baker, Compas, Heineman, Nielsen and Trigas
I NOES:
ABSENT: Chairperson Segall and Commissioner L’Heureux
ABSTAIN:
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CARLSBAD PLkNING COMMISSION
ATTEST:
MICHAEL J.%&LZMkkLER
Planning Director
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