HomeMy WebLinkAbout1999-03-03; Planning Commission; Resolution 4489t
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PLANNING COMMISSION RESOLUTION NO. 4489
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
ON PROPERTY GENERALLY LOCATED AT 4125 SKYLINE
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: BELIVEAU RESIDENCE
CASE NO.: CDP 98-71
WHEREAS, Andrew Wilt, “Developer”, has filed a verified applicatior
City of Carlsbad regarding property owned by Richard and Linda Beliveau, ’
described as
COASTAL DEVELOPMENT PERMIT NUMBER CDP 98-71
Lot 83 of Carlsbad Highlands No. 2, according to Map thereof
No. 2825 on file with the County Recorder of the County of
San Diego
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “N” dated March 3, 1999,on fi
Planning Department, BELIVEAU RESIDENCE, CDP 98-71 as provided by
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of March 1’
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all 1
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the CDP.
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.
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B) That based on the evidence presented at the public hearing, the Co
APPROVES BELIVEAU RESIDENCE, CDP 98-71 based on the
findings and subject to the following conditions:
Findinp:
1. That the proposed development is in conformance with the Certified Loca
Program and all applicable policies in that the site is designated for sing
residential development, the development does not obstruct public T
otherwise damage the visual beauty of the coastal zone, and no agl
activities, sensitive resources, geological instability, or coastal access oppo
exist on the site .
2. The project is consistent with the provisions of the Coastal Resource Protectior
Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhe:
City's Master Drainage and Storm Water Quality Management Plan and
Ordinances to avoid increased runoff and soil erosion. The site is not local
area prone to landslides, or susceptible to accelerated erosion, flc
liquefaction. The property does include slopes with gradients equal to 01
than 25% gradient. These slope areas, are small isolated manufactured slc
elevation changes of 4-7 feet, which were created during previous grading
not a natural condition. The slopes do not support any endangered plar
species and/or coastal sage scrub and chaparral plant communities and 1
are not considered dual criteria slopes. Appropriate findings can be made
for the development of the steep slope areas as follows:
A. A soils investigation conducted by Barry and Associates Geol
Engineering, dated September 28, 1998, has determined that the slope
not considered subject to seismically induced soil liquefaction and soil il
due to such factors as soil type, density, and lack of groundwater.
B. The grading of the slopes are essential to the development design in that '
of the pool adjacent to the house requires the filling of this area.
C. Slope disturbance will not result in substantial damage or alteration
wildlife habitat or native vegetation areas in that the property is an :
previously developed with a house and non native vegetation.
D. The area is less than ten acres in size (.05 acres) and will not interrupt si
wildlife corridors.
E. The site does not contain north facing slopes which are generally less si
contain more extensive vegetation.
3. All necessary public improvements have been provided or will be required as cc
of approval.
4. The Developer has agreed and is required by the inclusion of an appropriate cor
pay a public facilities fee. The Developer has agreed and is required by the inc
PC RES0 NO. 4489 -2-
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an appropriate condition to pay a public facilities fee. Performance of that COI
payment of the fee will enable this body to find that public facilities will be
concurrent with need as required by the General Plan.
5. The project has been conditioned to pay any increase in public facility fec
construction tax, or development fees, and has agreed to abide by any ,
requirements established by a Local Facilities Management Plan prepared p~
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.
6. The project has been conditioned to ensure the building permits will not be issu
project unless the District Engineer determines that sewer service is avail
building cannot occur within the project unless sewer service remains availabll
District Engineer is satisfied that the requirements of the Public Facilities Elem
General Plan have been met insofar as they apply to sewer service for this projec
7. The project has been conditioned to provide proof from the Carlsbad Unifit
District that the project has satisfied its obligation for school facilities.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all CI
and modifications to the CDP 98-11 document(s) necessary to make them
consistent and in conformity with final action on the project. Development SI
substantially as shown in the approved Exhibits. Any proposed development
from this approval, shall require an amendment to this approval.
2. The applicant shall apply for and be issued building permits for this p:
within two (2) years of approval or this coastal development permit will c
unless extended per Section 21.201.210 of the Zoning Ordinance.
3. Prior to the issuance of building permits, the applicant shall apply fo~
obtain a grading permit issued by the City Engineer.
4. The Developer shall comply with all applicable provisions of federal, state,
ordinances in effect at the time of building permit issuance.
5. The Developer shall and does hereby agree to indemnify, protect, defend
harmless the City of Carlsbad, its Council members, officers, employees, ag
representatives, from and against any and all liabilities, losses, damages, demanc
and costs, including court costs and attorney’s fees incurred by the City arisini
or indirectly, from (a) City’s approval and issuance of this Coastal Developme1
(b) City’s approval or issuance of any permit or action, whether discretionar
discretionary, in connection with the use contemplated herein, and (c) Dt
installation and operation .of the facility permitted hereby, including without I
any and all liabilities arising from the emission by the facility of electromagnetil
other energy waves or emissions.
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6. Building permits will not be issued for development of the subject property 1
District Engineer determines that sewer facilities are available at the time of ?
for such sewer permits and will continue to be available until time of occupancy
7. The Developer shall pay the public facilities fee adopted by the City Council 01
1987, (amended July 2, 1991) and as amended from time to time, and any de\
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
and Improvement Plan and to fulfill the developer’s/subdivider’s agreement t
public facilities fee dated October ,1 1998, a copy of which is on file with the (
and is incorporated by this reference. If the fees are not paid, this application v
consistent with the General Plan and approval for this project will be void.
8. Developer shall provide proof to the Director from the School District that tl-
has satisfied its obligation to provide school facilities.
9. If any condition for construction of any public improvements or facilities, or tht
of any fees in-lieu thereof, imposed by this approval or imposed by law on this I
housing project are challenged this approval shall be suspended as prc
Government Code Section 66020. If any such condition is determined to be ir
approval shall be invalid unless the City Council determines that the project w
condition complies with all requirements of law.
10. Approval of CDP 98-71 is granted subject to the approval of HDP 98-17. CDI
subject to all conditions contained in HDP 98-17 for the Hillside Development
11. Prior to the issuance of the building permit, Developer shall submit to the Citj
of Restriction to be filed in the office of the County Recorder, subject to the si
of the Planning Director, notifylng all interested parties and successors in intere
City of Carlsbad has issued a Coastal Development Permit on the property om
Developer. Said Notice of Restriction shall note the property description, local
file containing complete project details and all conditions of approval as w(
condition of restriction specified for inclusion in the Notice of Restriction. The
Director has the authority to execute and record an amendment to the not
modifies or terminates said notice upon a showing of good cause by the Del
successor in interest.
Enpineeriny
12. The developer shall pay all current fees and deposits required.
13. The owner shall enter into a lien contract with the City for future public impro
Skyline Drive along the property frontage for a half street width of 30 fee
improvements shall include but not be limited to paving, base, sidewalks,
gutters, medians, grading, clearing and grubbing, undergrounding or relc
utilities, sewer, water, fire hydrants, street lights and retaining walls.
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14. The owner of the subject property shall execute an agreement holding the City
regarding drainage across the adjacent property.
15. Prior to hauling dirt or construction materials to or from any proposed constn
within this project, the developer shall submit to and receive approval from
engineer for the proposed haul route. The developer shall comply with all cond
requirements the City Engineer may impose with regards to the hauling operatio
16. Grading is prohibited from October 1 to April 1. The City Engineer may I
extension of the grading season until November 15, 1999 if all preca
measures regarding erosion, consistent with the City's grading ordinance, h
put in place.
17. The developer shall exercise special care during the construction phase of this j
prevent offsite siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
18. Rain gutters must be provided to convey roof drainage to an approved drainage
street to the satisfaction of the City Engineer.
19. Prior to approval of any grading or building permits for this project, the owner I
written consent to the annexation of the area shown withm the boundaric
subdivision plan into the existing City of Carlsbad Street Lighting and Mal
District No. 1 on a form provided by the City.
20. Based on a review of the proposed grading and the grading quantities shown 01
plan, a grading permit for this project is required. The developer must submit an
approval for grading plans in accordance with city codes and standards prior to
of a building permit for the project.
21. The developer shall comply with the City's requirements of the National
Discharge Elimination System (NPDES) permit. The developer shall pro7
management practices as referenced in the "California Storm Water Best Mal
Practices Handbook" to reduce surface pollutants to an acceptable level prior to i
to sensitive areas. Plans for such improvements shall be approved by the City !
Said plans shall include but not be limited to notifying prospective owners and t
the following:
A. All owners and tenants shall coordinate efforts to establish or m
established disposal programs to remove and properly dispose of 1
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, n
antifreeze, solvents, paints, paint thinners, wood preservatives, 2
such fluids shall not be discharged into any street, public or privat
storm drain or storm water conveyance systems. Use and di:
pesticides, fungicides, herbicides, insecticides, fertilizers and ot
PC RES0 NO. 4489 -5-
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,
chemical treatments shall meet Federal, State, County i
requirements as prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reduc
pollutants when planning any changes to the landscaping an
improvements.
General:
22. 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 1
implemented and maintained according to their terms, the City shall have thc
revoke or modify all approvals herein granted; deny or further condition issua~
future building permits; deny, revoke or further condition all certificates of o
issued under the authority of approvals herein granted; institute and prosecute
to compel their compliance with said conditions or seek damages for their viol2
vested rights are gained by Developer or a successor in interest by the City’s aF
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 March 3, 1999 to protest imposition of these feedexactions
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 Mal.
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t
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 I
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 be
a NOTICE similar to this, or as to which the statute of limitations has previously c
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 3rd day of March 199
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heurc
Nielsen, Noble, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
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PC RES0 NO. 4489 -7-