HomeMy WebLinkAbout2002-01-16; Planning Commission; Resolution 5052PLANNING COMMISSION RESOLUTION NO. 5052
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 00-66 ON
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE
OF PINE AVENUE IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: AYOUB TRIPLEX
CASE NO.: CDP 00-66
WHEREAS, Karnack Architecture, Inc, “Developer,” has filed a verified
9 application with the City of Carlsbad regarding property owned by Salim Ayoub, “owner,” I
10 described as
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That portion of Tract 100 of Carlsbad Lands, in the City of
Carlsbad, County of San Diego, according to Map thereof No.
1661, filed in the Office of the County Recorder of San Diego
County, March 1,1915.
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Development Permit as shown on Exhibits “A” - “Pn dated January 16, 2002, on file in the l6
WHEREAS, said verified application constitutes a request for a Coastal
Planning Department, AYOUB TRIPLEX - CDP 00-66 as provided by Chapter 21.201.040 of
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the Carlsbad Municipal Code; and 19
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21 hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, the Planning Commission did, on the 16th day of January 2002,
22 WHEREAS, at said public hearing, upon hearing and considering all testimony
23 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
28 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 AYOUB TRIPLEX - CDP OM6 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 MeUo 11 segment of the
Certified .Local Coastal Program and all applicable policies in that the project’s
density of 14.28 ddac is consistent with the RH LCP land use designation, which
allows 19 ddac; no prime agricultural lands exist on or near the site; no impacts
will occur to environmentally sensitive habitats; no coastal access is or will be
needed through or adjacent to the project site; erosion will be controlled by
grading in conformance with the City’s Standards; grading will be restricted to
the summer season; the site contains no wetlands or dual criteria slopes; and no
significant view points are on or near the site.
The proposal is in conformity with the public access and recreation policies of
Chapter 3 of the Coastal Act in that the site is located on the east side of the first
public street and no coastal access areas or water-oriented recreational activities
exist on or near 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, 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.
If any of the following conditions fail to occur; or if they are, by their tms, 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 Mer condition issuance of
all fbture building permits; deny, revoke or fbrther 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 &om this approval, shall require an
amendment to this approval.
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
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this approval shall be invalid unless the City Council determines that the project
without the condition complies with all requirements of law.
That the Planning Director has detennined 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 fiom the
requirement for the preparation of environmental documents pursuant to Section
15303@), new construction of four or less units 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.
8. 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 fimding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fie; 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 fiom the Carbbad 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.
9. 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.
Planning:
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 modifl all approvals herein granted; deny or mer condition issuance of all
future building permits; deny, revoke or Mer 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 documents, as necessary to make them
PC RES0 NO. 5052 -3-
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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/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, fiom 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, fiom (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 fiom the emission by the
facility of electromagnetic fields or other energy waves or emissions. his obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
This approval is granted subject to the approval of SDP 00-18 and is subject to all
conditions contained in Planning Commission Resolution No. 5051 for those other
approvals incorporated herein by reference. ,
Approval is granted for CDP 00-66 as shown on Exhibits “An - “P”, dated January 16,
2002, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
Prior to the issuance of the Coastal Development Permit, 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(n) Coastal Development by Resolution(s)
No. 5052 on the real 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 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 which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
Carlsbad MuniciDal Water District Conditions
8. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
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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 tc
issuance of Building Permits.
The Developer shall install potable water services and meters at a location approved b3
the District Engineer. The locations of said services shall be reflected on public
improvement plans.
The Developer shall install sewer laterals and clean-outs at a location approved by thf
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
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 oj
occupancy.
Code Reminder:
13. 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.
14. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
15. Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs,
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
“feedexactions.”
You have 90 days fiom date of fmal approval to protest imposition of these feedexactions. 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 feedexactions
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 January 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Compas, Dominguez,
Heineman, Nielsen, and Segall
NOES:
ABSENT:
ABSTAIN:
SEENA TRIGAS, we&
CARLSBAD PLANNTNG COMMJSSION
ATTEST:
MICHAEL J. HOzZMIfdER
Planning Director
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