HomeMy WebLinkAbout1998-12-02; Planning Commission; Resolution 43790
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PLANNING COMMISSION RESOLUTION NO. 4379
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
ON PROPERTY GENERALLY LOCATED ON THE EAST
SIDE OF FRANCISCAN ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: ROWAN RESIDENCE
CASE NO.: CDP 98-36
WHEREAS, Rowan Family Trust, “Developer”, has filed a verified ap
with the City of Carlsbad regarding property owned by Rowan Family Trust, ‘
described as
COASTAL DEVELOPMENT PERMIT NNUMBER CDP 98-36
Lot 8, Block 22, 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”-“H” dated December 2, 1998, on fi
Planning Department, ROWAN RESIDENCE, CDP 98-36 as provided by Chapter 21
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of Decem1
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 t
and arguments, if any, of all persons desiring to be heard, said Commission considered 2
relating to CDP 98-36.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 COI
APPROVES ROWAN RESIDENCE, CDP 98-36 based on the :
findings and subject to the following conditions:
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FindinEs:
1. That the proposed development is in conformance with the Mello I1 segmer
Certified Local Coastal Program and all applicable policies in that the site is dc
for single family residential development and the development is a single fami
on a previously subdivided lot, the development does not obstruct F
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 Managem
and Grading Ordinance to avoid increased runoff and soil erosion, no stet
or native vegetation is located on the subject property and the site is not 1(
an area prone to landslides, or susceptible to accelerated erosion, fl
liquefaction.
3. That the Planning Director has determined that the project is exempt 1
requirements of the California Environmental Quality Act (CEQA) per Sectiol
and 15304 of the state CEQA Guidelines and will not have any adverse significa
on the environment.
4. All necessary public improvements have been provided or will be required as cl
of approval.
5. The project has been conditioned to ensure the Building Permits will not be issuc
project unless the District Engineer determines that sewer service is avail:
building cannot occur within the project unless sewer service remains available
District Engineer is satisfied that the requirements of the Public Facilities Elemc
General Plan have been met insofar as they apply to sewer service for this projec
6. Statutory School fees will be paid to ensure the availability of school faciliti
Carlsbad Unified School District.
7. The Developer has agreed and is required by the inclusion of an appropriate COI
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 wit1
required by 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 2
requirements established by a Local Facilities Management Plan prepared pe
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avai:
public facilities and will mitigate any cumulative impacts created by the project.
PC RES0 N0.4379 -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) 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 substantially different from this approval, shall require an amenc
this approval.
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 u
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 devc
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad h
Code or other ordinance adopted to implement a growth management system or
and Improvement Plan and to fulfill the subdivider’s agreement to pay th
facilities fee dated August 26, 1998, a copy of which is on file with the City Ck
incorporated by this reference. If the fees are not paid, this application wi’
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 a]
these fees shall be determined by the fee schedule in effect at the time of buildir
application.
7. If any condition for construction of any public improvements or facilities, or the
of any fees in-lieu thereof, imposed by this approval or imposed by law on this r(
housing project are challenged this approval shall be suspended as pro
Government Code Section 66020. If any such condition is determined to be in
approval shall be invalid unless the City Council determines that the project wi
condition complies with all requirements of law.
8. 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 sa
of the Planning Director, notifying all interested parties and successors in intere:
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 ~
PC RES0 N0.4379 -3-
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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 1
Restriction. The Planning Director has the authority to execute and record an m
to the notice which modifies or terminates said notice upon a showing of good
the Developer or successor in interest.
9. Prior to issuance of a Building Permit, the owner shall submit an ac
analysis which demonstrates that the architectural plans comply with the I
California interior noise standard of 45 CNEL. The architectural pla~
incorporate any additional measures (thicker glazing, sound absorption IT
shielding of vents, or artificial circulation system) to attenuate the nois
acceptable level. Where windows are required to be unopenable or kept c
order to meet the interior noise standards, mechanical ventilation and cot
necessary, shall be provided to maintain a habitable environment. The systc
supply two air changes per hour to each habitable room including 20% (01
fresh make-up air obtained directly from the outdoors. The fresh air in1
shall be of sound attenuating construction and shall consist of a minimun
feet of straight or curved duct or six feet plus one sharp 90 degree bend.
10. Prior to the issuance of a Building Permit, the owner shall prepare and r
notice that the property may be subject to impacts from Carlsbad Boulev:
railroad and the McClellan Palomar Airport in a manner meeting the app!
the Planning Director and City Attorney.
11. Lots located in the La Costa Downs Subdivision may be subject to possi
impacts from the Encina Sewer Plant. Accordingly, the following disclosure
made: Prior to the issuance of a Building Permit, the owner shall prer
record a notice that this property may be subject to odor impacts from thl
Sewer Plant in a manner meeting the approval of the Planning Director :
Attorney.
12. Prior to the issuance of a Building Permit, the owner shall prepare and
notice that this property may be subject to noise and traffic impacts j
commuter rail station in a manner meeting the approval of the Planning
and City Attorney.
Eneineerinp:
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 h;
regarding drainage across the adjacent property.
15. If any of the foregoing conditions fail to occur; or if they are, by their ten
implemented and maintained over time, if any of such conditions fail I
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implemented and maintained according to their terms, the City shall have tht
revoke or modify all approvals herein granted; deny or further condition issual
future Building Permits; deny, revoke or further condition all certificates of o
issued under the authority of approvals herein granted; institute and prosecute lit
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 conve
“fees/exactions.”
You have 90 days from December 2,1998 to protest imposition of these feedexaction
protest them, you must follow the protest procedure set forth in Government Codc
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
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/
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
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 bl
a NOTICE similar to this, or as to which the statute of limitations has previously l
expired.
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PC RES0 N0.4379 -5-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 2nd day of December, 195
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, 1
Savary, and Welshons
NOES:
ABSENT: Commissioner Monroy
ABSTAIN:
CARLSBAD PhiNNlNG COMMISSION
ATTEST:
Planning Director
PC RES0 N0.4379 -6-