HomeMy WebLinkAbout1992-10-07; Planning Commission; Resolution 3437I1 0 0
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- PIANNING COMMISSION RESOLUTION NO. 3437
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIAL
USE PERMIT TO DEVELOP A SINGLE FAMILY RESIDENCE
AND SHORELINE PROTECTION IN A COASTAL HIGH
HAZARD AREA ON PROPERTY GENERALLY LOCATED ON
CASE NAME: 'OVELDON RESIDENCE
CASE NO: SUP 92-01
WHEREAS, a verified application for certain property, to wit:
Lot 16 of Tierra Del Oro Subdivision, City of Carlsbad,
County of San Diego, as per Map No. 3052 filed in San Diego
County February 4, 1954,
THE WEST SIDE OF nEm DEL ORO.
has been filed with the City of Carlsbad, and referred to the Planning Commission; ant
WHEREAS, said application constitutes a request as provided by Title 21 o
the Carlsbad Municipal Code; and
WHEREAS, the Planning Conmission did on the 7th day of October, 1992
hold a duly noticed public hearing ;is prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering a1
testimony and arguments, if any, of all persons desiring to be heard, said Commissio~
considered all factors relating to the Special Use Permit; and
NOW, TI-EREFCRE, BE IT HEREBY RESOLVED by the Planning Conlmissiol
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B] That based on the evidence presemed rit the public hearing, the Comv-issio.
&?-PROVES SUP 92-01, based on the f'olbving findings and subject to th
following conditions:
Findms:
1. The site is physically suitable fcr the type and density of the development since th
site is adequate in size and shape to acco:nmodate residential development at 1:h
density proposed.
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2. 'The project is consistent with all City putlic facility policies and ordinances since
The Planning Commission has, by inclusion of an appropriate condition to thi
project, ensured building permits will not be issued for the project unless the Ciq
Engineer determines that sewer service is available, and building cannot occu
within the project unless sewer service remains available, and the Plannin;
Commission is satisfied that the requirements of the Public Facilities Element o
the General Plan have been met insofar as they apply to sewer service for thi
project.
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3. School fees will be paid to ensure the availability of school facilities in thl
Carlsbad Unified School District.
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4. All necessary public improvements have been provided or will be required a
conditions of approval.
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5. The applicant has agreed and is required by the inclusion of an appropriat
condition to pay a public facilities fee. Performance of that contract and paymen
of the fee will enable this body to find that public facilities will be availabl
concurrent with need as required by the General Plan.
6. The proposed project is compatible with the surrounding future land uses sinc
surrounding properties are designated for RLM development on the General Plar
7. This project will not cause any significant environmental impacts and a Negativ
Declaration has been issued by the Planning Director on August 27, 1992 anl
approved by the Planning Commission on October 7, 1992. In approving thi
Negative Declaration the Planning Commission has considered the initial study, th
staff analysis, all required mitigation measures and any written comments receive'
regarding the significant effects this project could have on the environment.
8. The applicant is by condition, required to pay any increase in public facility fec
or new construction tax, or development fees, and has agreed to abide by an
additional requirements established by a Local Facilities Management Pla
prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This wi
ensure continued availability of public facilities and will mitigate any cumulativ
impacts created by the project.
9. This project is consistent with the City's Growth Management Ordinance as it k
been conditioned to comply with any requirement approved as part of the Loci
Facilities Management Plan for Zone 3.
10. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hillsid
Ordinance) and meets all the requirements of that Chapter to ensure the sensitil
treatment of the City's hillside resources.
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11. Certification by a registered engineer has been presented to the P1anni.n~
Commission and the Planning Commission finds that the project is in complianct
with Section 21.110.210 of the Carlsbad Municipal Code.
Planning Conditions:
1. Approval is granted for SUP 92-01, as shown on Exhibits "A"-"G", dated Octobel
7, 1992, incorporated by reference and on file in the Planning Department
Development shall occur substantially as shown unless otherwise noted in thest
conditions.
2. The developer shall provide the City with a reproducible 24" x 36", mylar copy o
the site plan as approved by the Planning Commission. The site plan shall reflec
the conditions of approval by the City. The plan copy shall be submitted to thc
plan submittal, whichever occurs first.
City Engineer and approved prior to building, grading, final map, or improvemen
3. This project is approved upon the express condition that building permits will no
be issued for development of the subject property unless the City Enginee:
determines that sewer facilities are available at the time of application for sucl
sewer permits and will continue to be available until time of occupancy.
4. This project is also approved under the express condition that the applicant pa!
the public facilities fee adopted by the City Council on July 28, 1987 and a
amended from time to time, and any development fees established by the Ciq
Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or othe:
ordinance adopted to implement a growth management system or facilities an(
improvement plan and to fulfill the subdivider's agreement to pay the public
facilities fee dated November 8, 1991, a copy of which is on file with the Ciu
Clerk and is incorporated by this reference. If the fees are not paid this applicatior
will not be consistent with the General Plan and approval for this project will bc
void.
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5. Water shall be provided to this project pursuant to the Water Service agreemen
between the City of Carlsbad and the Carlsbad Municipal Water District, dated Ma;
25, 1983.
6. This project shall comply with all conditions and mitigation required by the Zonc
3 Local Facilities Management Plan approved by the City Council on May 19
1987, incorporated herein and on file in the Planning Department and any futurc
amendments to the Plan made prior to the issuance of building permits.
7. The applicant is aware that the City is preparing an in-lieu or housing impact fe(
program as an alternative to the inclusionary requirements stipulated in Polic:
3.6L of the Houshg Element. If in the development of the In-lieu fee program, i
is determined by the City Council in order to find consistency with the Housin;
Element of the General Plan as well as consistency with Section 66473.5 of thl
Government Code (Subdivision-Map Act), that this project is subject to this fee anc
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building permits have not been issued, the applicant or its successors in interest
shall pay whatever reasonable in-lieu fee that is required and in effect at the time
of issuance of building permits. If required fees are not paid, this application will
not be consistent with the General Plan and approval for this project will be void.
8. 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 65913.5. If any such condition is determined to be
invalid this approval shall be invalid unless the City Council determines that the
project without the condi1ion complies with all requirements of law.
7 9. Approval of this request shall not excuse compliance with all sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of
building permit issuance. a
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10. This approval shall become null and void if building permits are not issued for this 10 project within two years from the date of project approval.
I’ /I 11. Approval of SUP 92-01 is granted subject to the approval of HDP 91-23.
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13 integrated and concealed from view and the sound buffered from adjacent
80-6, to the satisfaction of the Directors of Planning and Building. 14 properties and streets, in substance 2s provided in Building Department Policy No.
12, All roof appurtenances, including air conditioners, shall be architecturally
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13. The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the issuance of
grading or building permits, whichever occurs first.
14. All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
I’ // 15. All landscape plans shall be prepared to confornl with the Landscape Manual and
20 I/ submitted per the landscape plan check procedures on file in the Planning
a ll Department.
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16. L.andscape plans shall be designed to minimize water use. Lawn and other zone
1 plants (see Landscape Manual) shall be limited to areas of special visua:
importance or high use. Mulches shall be used and irrigation equipment anc
design shall promote water conservation.
17. The developer shall avoid trees that have invasive root systems, produce excessivt
litter and/or are too large relative to the lot size.
26 18. Prior to final occupancy, a letter from a California licensed landscape architec
27 shall be submitted IO the Planning Oirector certifying [hat all lanclscaping has bee1
installed as shown on the approved landscape p1an.s. 28
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19. All herbicides shall be applied by applicators licensed by the State of California,
20. The applicant shall I)ay a landscape plan check and inspection fee as required b 1
2 Section 20.08.050 of the Carlsbad Municipal Code.
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21. The first set of landscape and irrigation plans submitted shall include buildin;
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22. All landscape and irrigation plans shall show existing and proposed contours anc 5
plans, improvement plans and grading plans.
shall match the grading plans in terms of scale and location of improvements.
23. The minimum shrub size shall be 5 gallons.
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24. As part of the plans submitted for building permit plan check, the applicant shal
include a reduced version of the approving resolution/resolutions on a 24" x 36'
blueline drawing. Said blueline drawing(s) shall also include a copy of an!
applicable Coastal Development Permit and signed approved site plan.
25. Prior to issuance of a grading or building permit, whichever comes first, a soil$
report shall be prepared and submitted to the City of Carlsbad. If the soils report
indicates the presence of potential fossil bearing material then a standard twc
phased program, on file in the Planning Department, shall be undertaken to avoid
possible significant impacts on paleontological resources under the direction of the
Planning Dzpartment.
~ 26. Prior to issuing a grading permit the applicant sball submit proof of a California
State Coastal Conmission Penni t signed ad acknowledged by the applicant which
is in Substantial conformance with the City approved project.
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27. Unless a standards variance has been issued, no variance from City Standards is l8
F3xineerinn Conditions:
1 28. The. applicant shall comply with all the rules, regulations and design requirements 20
authorized by virtue of approval of this site plan.
21 I1 of the respective sewer and water agencies regarding services to the project.
22 I1 29. The applicant shall be responsible for coordination with S.D.G.&E., Pacific
Telephone, and Cable TV authorities.
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30. Based upon a review of the proposed grading and the grading quantities shown on
the site plan, a grading permit for ?his prqject is required. The applicant must
submit and receive apprcval for grading plans in accordance with City Codes and
standards. Prior to issuance of a building permit for the project, a grading permit
shall be obtained and grading work be complered in substantial conformance wirh
the approved grading plans.
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Water Conditions:
31. The developer shall provide a water service meter.
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3 32. The developer is responsible for all fees, deposits, and charges associated wit]
sewer and water.
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5 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
6 11 Commission of the City of Carlsbad, California, held on the 7th day of October, 1992, bj
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the following vote, to wit:
9 ll AYES: Commissioners: Schlehuber, Schramm, Noble, Welshons 8
Savary.
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NOES: Chairman Erwin.
ABSENT: Commissioner Hall.
ABSTAIN: None.
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TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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PLANNING DIRECTOR
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