HomeMy WebLinkAbout1998-07-01; Planning Commission; Resolution 43321
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PLANNING COMMISSION RESOLUTION NO. 4332
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY
RESIDENCE AND SECOND DWELLING UNIT OVER A
DETACHED GARAGE ON PROPERTY GENERALLY
LOCATED ALONG THE SOUTH SHORE OF BUENA VISTA
LAGOON, WEST OF THE AT&SF RAILROAD, NORTH OF
MOUNTAIN VIEW DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: LEVY RESIDENCE
CASE NO.: CDP 97-59
WHEREAS, John C. Levy, “Developer”, has filed a verified application
COASTAL DEVELOPMENT PERMIT NO. CDP 97-59 TO
City of Carlsbad regarding property owned by John C. Levy, “Owner”, described as
Parcel “A” of City of Carlsbad Adjustment Plat #471.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “G” dated July 1, 1998,on file in the E
Department, LEVY RESIDENCE, CDP 97-59 as provided by Chapter 21.201.04C
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of July 1998
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of all persons desiring to be heard, said Commission considered all
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the I:
Commission of the City of Carlsbad as follows:
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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 Corr
APPROVES LEVY RESIDENCE, CDP 97-59, based on the following
and subject to the following conditions:
FindinEs:
1. That the proposed development is in conformance with the Mello I1 segmen
Certified Local Coastal Program and all applicable policies in that the site is des
for single family residential development, second dwelling units are
pursuant to Mello I1 Affordable Housing Policy 1-1, and no agricultural acti7
geologic instability exists on site.
2. The project is consistent with the provisions of the Coastal Resource Protection
Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adherl
City’s Master Drainage and Storm Water Quality Management Plan and C
Ordinance to avoid increased runoff and soil erosion, no steep slopes or
vegetation is located on the subject property and the site is not located in :
prone to landslides, or susceptible to accelerated erosion, floods or liquefactic
adjacent Buena Vista Lagoon wetlands have been delineated and the proj
been designed to include a minimum 100’ setback between the wetlands
structures. The developer has been conditioned to record an open spa4
restriction over the entire wetland buffer setback area and to make an irre
offer of dedication of the wetlands buffer to the California Department of F
Game.
3. The project is consistent with the provisions of the Coastal Shoreline Devel
Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that the proposed
will require minimal grading (75 cubic yards of cut and 75 cubic yards of f
project has been designed to avoid increased runoff and soil erosion, and the
applicant has been conditioned to make an irrevocable offer of dedication
City of Carlsbad for a 25’ wide public access trail easement over an existing !
trail which is located along the western perimeter of the project site.
4. The Planning Commission of the City of Carlsbad has reviewed, analyzed and con
Mitigated Negative Declaration CDP 97-59, the environmental impacts therein id1
for this project and said comments thereon, and the Mitigation Monitoril
Reporting Program, on file in the Planning Department, prior to APPROVII
project. Based on the EIA Part I1 and comments thereon, the Planning Coml
finds that there is no substantial evidence the project will have a significant effec
environment and hereby APPROVES the Mitigated Negative Declaration.
5. The Planning Commission does hereby find that the Mitigated Negative Dec
CDP 97-59 and Mitigation Monitoring and Reporting Program have been p
in accordance with requirements of the California Environmental Quality Act, tk
Guidelines and the Environmental Protection Procedures of the City of Carlsbad.
PC RES0 NO. 4332 -2-
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6. The Planning Commission finds that the Mitigated Negative Declaration CD
reflects the independent judgment of the Planning Commission of the City of Ci
7. All necessary public improvements have been provided or will be required as cc
of approval.
8. The Developer has agreed and is required by the inclusion of an appropriate conc
pay a public facilities fee. Performance of that contract and payment of the
enable this body to find that public facilities will be available concurrent with
required by the General Plan.
9. The project has been conditioned to pay any increase in public facility fee,
construction tax, or development fees, and has agreed to abide by any a(
requirements established by a Local Facilities Management Plan prepared pur
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availa
public facilities and will mitigate any cumulative impacts created by the project.
10. The project has been conditioned to ensure the building permits will not be issue(
project unless the District Engineer determines that sewer service is availal
building cannot occur within the project unless sewer service remains available,
District Engineer is satisfied that the requirements of the Public Facilities Elemel
General Plan have been met insofar as they apply to sewer service for this project.
1 I. Statutory School fees will be paid to ensure the availability of school facilitie
Carlsbad Unified School District.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cor
and modifications to the CDP 97-59 document(s) as necessary to make them ir
consistent and in conformity with final action on the project. Development sha
substantially as shown in the approved Exhibits. Any proposed development (
from this approval, shall require an amendment to this approval.
2. The applicant shall apply for and be issued building permits for this pro
within two (2) years of approval or this coastal development permit will ex]
unless extended per Section 21.201.210 of the Zoning Ordinance.
3. The Developer shall comply with all applicable provisions of federal, state, ar
ordinances in effect at the time of building permit issuance.
4. Building permits will not be issued for development of the subject property un.
District Engineer determines that sewer facilities are available at the time of app
for such sewer permits and will continue to be available until time of occupancy.
5. The Developer shall pay the public facilities fee adopted by the City Council on i
1987, (amended July 2, 1991) and as amended from time to time, and any devel
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fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad M
Code or other ordinance adopted to implement a growth management system or I
and Improvement Plan and to fulfill the subdivider’s agreement to pay thl
facilities fee dated May 26, 1998, a copy of which is on file with the City Cler
incorporated by this reference. If the fees are not paid, this application wil,
consistent with the General Plan and approval for this project will be void.
6. The Developer shall provide proof of payment of statutory school fees to
conditions of overcrowding as part of the building permit application. The an
these fees shall be determined by the fee schedule in effect at the time of buildin;
application.
7. If any condition for construction of any public improvements or facilities, or the 1
of any fees in-lieu thereof, imposed by this approval or imposed by law on this re
housing project are challenged this approval shall be suspended as prov
Government Code Section 66020. If any such condition is determined to be inv,
approval shall be invalid unless the City Council determines that the project wit!
condition complies with all requirements of law.
8. Consistent with subsection 21.203.040(4)(e) of the Carlsbad Municipal C
grading shall be allowed during the winter season (October 1 - April 1).
9. This project shall comply with all conditions and mitigation measures which are
as part of the approved Mitigated Negative Declaration, as contained in P
Commission Resolution No. 4331.
10. Prior to the issuance of the building permit, Developer shall submit to the City 2
of Restriction to be filed in the office of the County Recorder, subject to the sati
of the Planning Director, notifying all interested parties and successors in interest
City of Carlsbad has issued a Coastal Development Permit by Resolution No. ‘
the real property owned by the Developer. Said Notice of Restriction shall I
property description, location of the file containing complete project details
conditions of approval as well as any conditions or restrictions specified for inch
the Notice of Restriction. The Planning Director has the authority to execute and
an amendment to the notice which modifies or terminates said notice upon a sho?
good cause by the Developer or successor in interest.
11. The Developer shall implement, or cause the implementation of, the CDP 97-59
Mitigation Monitoring and Reporting Program.
12. Prior to the issuance of a building permit or grading permit (whichever occu:
the applicant shall record a deed restriction over the entire wetland buffer b
area to restrict the property for open space/wildlife uses only, except for a
public access trail as shown on the site plan for CDP 97-59.
1 PC RES0 NO. 4332 -4-
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13. Prior to the issuance of a building permit or grading permit (whicheve
first), the property owner shall submit evidence satisfactory to the 1
Director that an irrevocable offer of dedication of the wetland buffer area 1
made to the California Department of Fish and Game.
14. Prior to the issuance of building permits, an exterior lighting plan
submitted to the Planning Director for review. All exterior lighting shall i,
combination of low-level lights and shields to minimize the amount of light
the adjacent wetlands and wetland buffer area.
15. Due to the potential presence of the light-footed clapper rail within the I
adjacent to the project site, project construction shall be prohibited du
breeding season, (March 1 to August l), unless a focused survey for the clal
is conducted immediately prior to project construction and determines
clapper rails were observed during the survey.
16. Prior to the issuance of a certificate of occupancy, non-native plant species
removed from the wetland buffer area and the wetland buffer area sha,
vegetated with a hydro-mulched coastal scrub grass seed mix.
17. Prior to the issuance of a building permit or grading permit (whichever oca
the applicant shall irrevocably offer to dedicate in perpetuity to the City of C
a minimum 25 foot wide public access trail easement over the public acc
which is shown on the site plan for CDP 97-59.
18. Prior to the issuance of a building permit or grading permit (whichever OCCI
the wetlands buffer area shall be staked and flagged in the field by a
surveyor. A minimum of three notices shall be posted within this area tc
that this area is off-limits to construction activity.
19. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuan
future building permits; deny, revoke or further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their violat
vested rights are gained by Developer or a successor in interest by the City’s apl
this Coastal Development Permit.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conver
“fees/exactions.”
~ PC RES0 NO. 4332 -5-
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You have 90 days from July 1, 1998 to protest imposition of these feedexactions. If yc
them, you must follow the protest procedure set forth in Government Code Section 6602
file the protest and any other required information with the City Manager for proc
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely fo.
procedure will bar any subsequent legal action to attack, review, set aside, void, or ar
imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/<
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor I
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any feedexactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously c
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 1st day of July 1995
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, rV
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
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4% y%, & g &? -
@w4J*fi ,$ 4 ,&e- yt't.iE -.&f Ft L-
BAILEY NO@, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
U MICHAEL J. HOLZMILMR
Planning Director
PC RES0 NO. 4332 -6-