HomeMy WebLinkAbout1998-08-19; Planning Commission; Resolution 4317/I e e
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PLANNING COMMISSION RESOLUTION NO. 4317
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTYGENERALLYLOCATEDONTHEEASTSIDEOF
SURFSIDE LANE AT THE INITIATION OF THE SOUTHERN
CUL-DE-SAC IN LOCAL FACILITIES MANAGEMENT ZONE
22.
CASE NAME: BERRY RESIDENCE
CASE NO.: CDP 98-24
WHEREAS, Roger Berry, “Developer”, has filed a verified application
COASTAL DEVELOPMENT PERMIT NO. CPD 98-24 ON
City of Carlsbad regarding property owned by Roger Berry and Julie Berry, ‘‘1
described as
La Costa Dlowns, Unit No. 1, Block 23, Lot 7 and South ?4 Of
Lot 13
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibit(s) “A” -“D” dated, August 19, 1998 on film
Planning Department, BERRY RESIDENCE, CDP 98-24 as provided by Chapter 21.:
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of Augusl
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 te:
and arguments, if any, of all persons desiring to be heard, said Commission considered all
relating to CDP 98-24.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
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 Cor
APPROVES BERRY RESIDENCE, CDP 98-24, based on the f
findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Mello I1 segmer
Certified Local Coastal Program and all applicable policies in that the developn
single family house on a previously subdivided lot without impact or pot1
impact coastal resources.
2. The project is consistent with the provisions of the Coastal Resource Pr
Overlay Zone (Chlapter 21.03 of the Zoning Ordinance) in that the proj
adhere to the Citf’s Master Drainage and Storm Water Quality Managemt
and Grading Ordinance to avoid increased runoff and soil erosion, no steel
or native vegetation is located on the subject property and the site is not lo’
an area prone to landslides, or susceptible to accelerated erosion, flc
liquefaction.
3. That the Planning Director has determined that the project is exempt fi
requirements of the California Environmental Quality Act (CEQA) per Section
and 15304 of the state CEQA Guidelines and will not have any adverse significan
on the environment.
4. All necessary public improvements have been provided or will be required as COI
of approval.
5. The project has been conditioned to ensure the building permits will not be issuec
project unless the District Engineer determines that sewer service is availat
building cannot occur within the project unless sewer service remains available,
District Engineer is satisfied that the requirements of the Public Facilities Elemer
General Plan have been met insofar as they apply to sewer service for this project.
6. Statutory School fees will be paid to ensure the availability of school facilitie:
Carlsbad Unified School District.
7. The Developer has agreed and is required by the inclusion of an appropriate cond
pay a public facilities fee. Performance of that contract and payment of the 1
enable this body to find that public facilities will be available concurrent with I
required by the General Plan.
8. The project has been conditioned to pay any increase in public facility fee, 1
construction tax, or development fees, and has agreed to abide by any adc
requirements established by a Local Facilities Management Plan prepared purs
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availal
public facilities and will mitigate any cumulative impacts created by the project.
...
~ 1 PC RES0 NO. 4317 -2-
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Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Coastal Development Permit document(s), as nece,
make them internally consistent and in conformity with final action on the
Development shall occur substantially as shown in the approved Exhibits. Any 1
development substantially different from this approval, shall require an arnenc
this approval.
2. Building permits shall be issued for this project within two (2) years of appl
or this coastal development permit will expire unless extended per Sec
21,201.210 of the Zoning Ordinance.
3. The Developer shall comply with all applicable provisions of federal, state, and :
ordinances in effect at the time of building permit issuance.
4. Building permits will not be issued for development of the subject property unles
District Engineer determines that sewer facilities are available at the tim
application for such sewer permits and will continue to be available until tirr
occupancy.
5. The Developer shall pay the public facilities fee adopted by the City Council on
28, 1987, (amended July 2, 1991) and as amended from time to time, and
development fees established by the City Council pursuant to Chapter 21.90 ol
Carlsbad Municipal Code or other ordinance adopted to implement a grc
management system or Facilities and Improvement Plan and to fulfill the subdivic
agreement to pay the public facilities fee dated February 6,1998, a copy of whic
on file with the City Clerk and is incorporated by this reference. If the fees are
paid, this app1icatio.n will not be consistent with the General Plan and approval
this project will be void.
6. The Developer shall provide proof of payment of statutory school fees to miti<
conditions of overcrowding as part of the building permit application. The arnou
these fees shall be determined by the fee schedule in effect at the time of builc
permit application.
7. If any condition for construction of any public improvements or facilities, or
payment of any fees in-lieu thereof, imposed by this approval or imposed by lav
this residential homing project are challenged this approval shall be suspendec
provided in Govemnent Code Section 66020. If any such condition is determine
be invalid this approval shall be invalid unless the City Council determines that
project without the condition complies with all requirements of law.
8. Prior to issuance of a building permit, the Building Director shall review
architectural plans to ensure compliance with the State of California interior nc
standard of 45 CNEIL. At that time, any additional measures (thicker glazing, so1
PC RES0 NO. 43 17 -3 -
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absorption material, shielding of vents, or artificial circulation system) to fu
attenuate the noise to an acceptable level shall be required. Where window:
required to be unopenable or kept closed in order to meet the interior noise stand;
mechanical ventilation and cooling, if necessary, shall be provided to mainta
habitable environment. The system shall supply two air changes per hour to
habitable room including 20% (one-fifth) fresh make-up air obtained directly fron
outdoors. The fresh air inlet duct shall be of sound attenuating construction and
consist of a minimum of ten feet of straight or curved duct or six feet plus one 2
90" bend.
9. Prior to the issuance of a building permit, the owner shall prepare and record a nl
that this property may be subject to impacts from Carlsbad Boulevard, the Atch
Topeka and Santa Fe Railroad and the McClellan Palomar Airport in a ma
meeting the approval of the Planning Director and City Attorney (See Exhibits k
and C).
10. Lots located in the La Costa Downs Subdivision may be subject to possible
impacts from the Encina Sewer Plant. To improve the quality of life for La C
Downs residents the following mitigation measure shall be complied with: Pril
the issuance of a building permit, the owner shall prepare and record a notice tha1
property may be subject to odor impacts from the Encina Sewer Plant in a mz
meeting the approval of the Planning Director and City Attorney (See Exhibit D).
11. Prior to the issuance of a building permit, the owner shall prepare and record a n
that this property may be subject to noise and traffic impacts from the commute
station in a manner meeting the approval of the Planning Director and City Attc
(See Exhibit E).
12. Prior to the issuance of the building permit, Developer shall submit to the C
Notice of Restriction to be filed in the office of the County Recorder, subject ti
satisfaction of the Planning Director, notifying all interested parties and successc
interest that the City of Carlsbad has issued a Coastal Development Perm:
Resolution No. 43l7 on the property owned by the Developer. Said Notic
Restriction shall n.ote the property description, location of the file conta
complete project details and all conditions of approval as well as any conditio:
restrictions specified for inclusion in the Notice of Restriction. The Planning Dir
has the authority to execute and record an amendment to the notice which modifj
terminates said notice upon a showing of good cause by the Developer or success
interest.
General
13. If any of the foregoing conditions fail to occur; or if they are, by their terms,
implemented and maintained over time, if any of such conditions fail to 1
revoke or modify all approvals herein granted; deny or further condition issuan
all future building permits; deny, revoke or further condition all certificatl
~ implemented and maintained according to their terms, the City shall have the rii
PC RES0 NO. 43 17 -4-
1 occupancy issued u.nder the authority of approvals herein granted; institute and
prosecute litigation to compel their compliance with said conditions or seek damages 2 for their violation. No vested rights are gained by Developer or a successor in interest
3 by the City’s approval of this Coastal Development Permit.
4 NOTICE
5 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
6 “fees/exactions.”
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You have 90 days from August 19, 1998 to protest imposition of these fees/exactions. 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 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.
I PC RESO NO. 4317 -5-
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e e
PASSED, APPROVED AND ADOPTED at a regular meeting of the 1
Commission of the City of Carlsbad, California, held on the 19th day of August, 1991
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, h
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
.a
&3 fi P "),n d@tn"\U$& . .. .sj . 6 1 'j:
A
BAILEY NOQgE, chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
1
Planning Director
PC RES0 NO. 43 17 -6-