HomeMy WebLinkAbout2001-12-19; Planning Commission; Resolution 50931
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PLANNING COMMISSION RESOLUTION NO. 5093
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 01-25 ON
PROPERTY GENERALLY LOCATED AT 241 DATE AVENUE
IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: VINE RESIDENCE
CASE NO.: CDP 01-25
WHEREAS, James E. & Lii Vine, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Parcel 1 of Parcel Map No. 17155, in the City of Carlsbad,
County of San Diego, State of California, filed in the office of
the County of San Diego County, June 14, 1993, as file No.
1993-0374953 of official records.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “E” dated December 19,2001, on file in the
Planning Department, VINE RESIDENCE - CDP 01-25 as provided by Chapter 21.201.040 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of December 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 01-25.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES VINE RESIDENCE - CDP 01-25 based on the following findings
and subject to the following conditions:
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FindinPs:
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 and two-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.
6. 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
PC RESO NO. 5093
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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 21.204 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
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.
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-
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discretionary, in connection with the use contemplated herein, ami (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.
6. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad School District that this project has satisfied its obligation to
provide school facilities.
7. 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.
8. 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.
9. 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.
10. 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. 5093 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.
11. 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.
Ewineeriw:
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.
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13. 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.
14. The developer shall submit to the City Engineer an erosion control plan for review
and approval. Said plan shall be included with the building plans for building
permit and must be approved by the City prior to the issuance of said building
permit.
Water/Sewer
15. 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.
16. The Developer shall install potable water services and meters at a location approved by
the District Engineer. The locations of said services shall be reflected on public
improvement plans.
17. This project is approved upon the express 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.
Code Reminders
18. 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 are not paid, this approval will not be consistent with the General Plan
and shall become void.
19. 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.
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.”
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of December 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez,
Heineman, Nielsen, and Trigas
NOES:
ABSENT:
ABSTAIN:
*
CARLSBAD PLANNING :;ESSION
ATTEST:
Planning Director
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