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HomeMy WebLinkAbout1992-10-07; Planning Commission; Resolution 3437I1 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I - 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. . .. li II e 0 1 2 3 4 5 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. 6 7 3. School fees will be paid to ensure the availability of school facilities in thl Carlsbad Unified School District. 8 9 4. All necessary public improvements have been provided or will be required a conditions of approval. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RES0 NO. 3437 -2- 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. " 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 PC RES0 NO. 3437 -3- II 0 0 1 2 3 4 5 6 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 9 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. 12 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 15 16 17 18 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. 22 23 24 25 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 PC RESCJ NO. 3437 -4- e 0 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. 3 4 21. The first set of landscape and irrigation plans submitted shall include buildin; 7 6 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. 8 9 10 11 12 13 14 15 I I-6 I' 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. 17 19 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. 23 24 25 26 27 28 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. ... /I PC RES0 NO. 3437 -5- ll e 0 Water Conditions: 31. The developer shall provide a water service meter. 1 2 3 32. The developer is responsible for all fees, deposits, and charges associated wit] sewer and water. 4 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 7 8 the following vote, to wit: 9 ll AYES: Commissioners: Schlehuber, Schramm, Noble, Welshons 8 Savary. 10 11 12 13 14 15 16 17 18 NOES: Chairman Erwin. ABSENT: Commissioner Hall. ABSTAIN: None. c ?, 4$i& ""." TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: 1 19 ~ L 2o I 21 22 23 PLANNING DIRECTOR 24 I1 25 26 27 28 PC RES0 NO. 3437 -6-