HomeMy WebLinkAbout2002-06-19; Planning Commission; Resolution 52201
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PLANNING COMMISSION RESOLUTION NO. 5220
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 01-41 TO
CONSTRUCT A TWO-FAMILY DWELLING PROJECT ON
PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF
GARFIELD STREET BETWEEN ACACIA AVENUE AND
JUNIPER AVENUE IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: GARFIELD STREET HOMES
CASE NO.: CDP 01-41
WHEREAS, James Chin, “Developer,” has filed a verified application with the
City of Carlsbad regarding property owned by Richard Woolsey, Lance Nowak, Thomas
Hurley and Monetta Allison, “Owner,” described as
Lot 11 of Block “0” 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
Development Permit as shown on Exhibits “A” - “G” dated June 19, 2002, on
Planning Department, GARFIELD STREET HOMES - CDP 01-41 as provided
21.201.040 of the Carlsbad Municipal Code; and
a Coastal
. file in the
by Chapter
WHEREAS, the Planning Commission did, on the 19th day of June 2002, 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
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 GARFIELD STREET HOMES - CDP 01-41 based on the
following findings and subject to the following conditions:
Findings:
1.
2.
3.
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5.
6.
That the proposed development is in conformance with the Mello I1 segment of the
Certified Local Coastal Program and all applicable policies in that the site is designated
for multiple family residential development and the development consists of
constructing a two-family dwelling project on an undeveloped property; 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
no agricultural activities, sensitive resources, geological instability or coastal access
opportunities exist on the previously graded 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 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).
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 Plan, Grading Ordinance, Storm Water
Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and
Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased
urban run off, pollutants 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 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 fiom 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 this approval shall be invalid
PC RES0 NO. 5220 -2-
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unless the City Council determines that the project without the condition complies with
all requirements of law.
7. 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 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/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. his obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
4. This approval is granted subject to the approval of SDP 01-14 and is subject to all
conditions contained in Planning Commission Resolution No. 5219 for those other
approvals incorporated herein by reference.
PC RES0 NO. 5220 -3 -
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5. Approval is granted for CDP 01-41 as shown on Exhibits “A” - “G”, dated June 19,
2002, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
6. This approval shall become null and void if building permits are not issued for this
project within 24 months fiom the date of project approval.
7. 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 Coastal Development by Resolution No.
5220 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.
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 fiom date of final 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 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 feedexactions 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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PC RES0 NO. 5220 -4-
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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 19th day of June 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOMMIMER
Planning Director
PC RES0 NO. 5220 -5-