HomeMy WebLinkAbout1998-09-16; Planning Commission; Resolution 4388r ‘
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PLANNING COMMISSION RESOLUTION NO. 4388
A RESOLUTION OF THE PLANNING COMMISSION OF THE
C’tTY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY LOCATED ON THE WEST SIDE
OF FRANCISCAN ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 22.
C.4SE NAME: CARLSBAD BY THE SEA
- CASE NO.: CDP 98-10
WHEREAS, Chris Salem, “Developer”, has filed a verified application
City of Carlsbad regarding property owned by Carlsbad by the Sea LLC, “Owner”, (
as
ClOASTAL DEVELOPMENT PERMIT NO. CDP 98-10 ON
Lot 2, Block 23, La Costa Downs, Unit No.1, Map 2013
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A”-“D” dated August 19, 1998, on fil
Planning Department, CARLSBAD BY THE SEA, CDP 98-10 as provided by
2 1.20 1.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of Septemb
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 al
relating to CDP 98-10.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Con;
- AIPPROVES CARLSBAD BY THE SEA, CDP 98-10 based on the fc
findings and subject to the following conditions:
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Findings:
1. That the proposed development is in conformance with the Mello I1 segme
Certified Local Coastal Program and all applicable policies in that the site is d,
for single family residential development and the development is a single fami
on a previously subdivided lot, the development does not obstruct \
otherwise damage the visual beauty of the coastal zone and no agr:
activities, sensitive resources, geological instability or coastal access oppo
exist on site.
2. The project is consistent with the provisions of the Coastal Resource PI
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the pro-
adhere to the City’s Master Drainage and Storm Water Quality Managemc
and Grading Ordinance to avoid increased runoff and soil erosion, no stee
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, fl
liquefaction.
3. That the Planning Director has determined that the project is exempt f
requirements of the California Environmental Quality Act (CEQA) per Sectior
and 15304 of the state CEQA Guidelines and will not have any adverse significan
on the environment.
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4. All necessary public improvements have been provided or will be required as cc
of approval.
5. The project has been conditioned to ensure the building permits will not be issue
project unless the District Engineer determines that sewer service is availa.
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.
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 con1
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 hy the General Plan.
8. 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 ac
requirements established by a Local Facilities Management Plan prepared pur:
Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availa
public facilities and will mitigate any cumulative impacts created by the project.
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28 PC RES0 NO. 4388 -2-
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Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cc
and modifications to the Coastal Development Permit document(s) necessary
them internally consistent and in conformity with final action on the
Development shall occur substantially as shown in the approved Exhibits. Any 1
development different from this approval, shall require an amendment to this app
2. Building permits shall be issued for this project within two (2) years of app
this coastal development permit will expire unless extended per Section 21
of the Zoning Ordinance.
3. The Developer shall comply with all applicable provisions of federal, state, 2
ordinances in effect at the time of building permit issuance.
4. Building permits will not be issued for development of the subject property LU
District Engineer determines that sewer facilities are available at the time of ap
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
1987, (amended July 2, 1991) and as amended from time to time, and any dew
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad I\/
Code or other ordinance adopted to implement a growth management system or 1
and Improvement Plan and to fulfill the subdivider’s agreement to pay th
facilities fee dated July 28, 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 I
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
Governmmt 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. Prior to issuance of a building permit, the owner shall submit an acoustical :
which de:monstrates that the architectural plans comply with the State of Ca
interior noise standard of 45 CNEE. The architectural plans shall incorpor
additional measures (thicker glazing, sound absorption material, shielding o
or artificial circulation system) to attenuate the noise to an acceptable level.
windows are required to be unopenable or kept closed in order to meet the :
I noise standards, mechanical ventilation and cooling, if necessary, shall be p:
PC RES0 NO. 4388 -3-
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to maintain a habitable environment. The system shall supply two air cha
hour to each habitable room including 20% (one-fifth) fresh make-up air l
directly from the outdoors. The fresh air inlet duct shall be of sound att
construction and shall consist of a minimum of ten feet of straight or curve(
six feet plus one sharp 90" bend.
9. Prior to the issuance of a building permit the owner shall prepare and 1
notice th:at this property may be subject to impacts from Carlsbad Boulev
Atchison, Topeka and Santa Fe Railroad and the McClellan Palomar Air1
manner meeting the approval of the Planning Director and City Attorney.
10. Lots located in the La Costa Downs Subdivision may be subject to possible odo~
from the Encina Sewer Plant. Accordingly, the following disclosure shall b
Prior to the issuance of a building permit, the owner shall prepare and record a nc
this property may be subject to odor impacts from the Encina Sewer Plant in a
meeting the approval of the Planning Director and City Attorney.
11. Prior to the issuance of a building permit, the owner shall prepare and I
notice that this property may be subject to noise and traffic impacts fi
commuter rail station in a manner meeting the approval of the Planning 1
and City Attorney.
12. Prior to the issuance of the building permit, Developer shall submit to the City
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 property owned by the Developer. Said Notice of Restriction shall note the :
description, location of the file containing complete project details and all cond
approval as well as any conditions of restrictions specified for inclusion in the r\
Restriction. The Planning Director has the authority to execute and record an amc
to the notice which modifies or terminates said notice upon a showing of good (
the Developer or successor in interest.
Enpineering:
13. The developer shall pay all current fees and deposits required.
14. The owner of the subject property shall execute an agreement holding the City t
regarding drainage across the adjacent property.
15. The owner shall record a deed restriction on the property which relates to the F
cross lot drainage shown on the site plan. The deed restriction document shall
form acceptable to the City Engineer and shall:
A. Clearly delineate the limits of the drainage course;
PC RES0 NO. 4388 -4-
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B. state .that the drainage course is to be maintained in perpetuity by the UI
prope.rty owner; and
C. that all future use of the property along the drainage course will not restrict
divert or otherwise alter drainage flows in a manner that will result in dama
underlying and adjacent properties or the creation of a public nuisance.
16. 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 t
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuar
future bu:ilding permits; deny, revoke or further condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their viol;
vested rights are gained by Developer or a successor in interest by the City’s ap~
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 convel
“fees/exactions.”
You have 90 days from September 16,1998 to protest imposition of these fees/exaction:
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Man
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tl
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e.
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p
zoning, grading or other similar application processing or service fees in connection T
project; NOR DOES IT APPLY to any feedexactions of which you have previously bet
a NOTICE similar to this, or as to which the statute of limitations has previously 0‘
expired.
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PC RES0 NO. 4388 -5-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of t:he City of Carlsbad, California, held on the 16th day of September,
the following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, S
and Welshons
NOES :
ABSENT: Commissioners Nielsen and Monroy
ABSTAIN:
BAILEY NOE3#%, Chairperson
CARLSBAD SLANNING COMMISSION
ATTEST:
!*a
MICHAEL J. HC~MIL~~R
Planning Director
PC RES0 NO. 4388 -6-