HomeMy WebLinkAbout1999-04-21; Planning Commission; Resolution 4547.I I1 0 e
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PLANNING COMMISSION RESOLUTION NO. 4547
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
ON PROPERTY GENERALLY LOCATED ON THE EAST
SIDE OF SURFSIDE LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: ROSS RESIDENCE
CASE NO.: CDP 98-58
WHEREAS, Brian and Teresa Ross, “Owner/Developer”, has filed
COASTAL DEVELOPMENT PERMIT NUMBER CDP 98-58
application with the City of Carlsbad regarding property described as
Lot 12, Block 23, La Costa Downs, Unit No. 1, Map 2013
(“the Property”); and
WHEREAS, said verified application constitutes a request for i
Development Permit as shown on Exhibits “A-G” dated April 21, 1999, on file in the
Department, ROSS RESIDENCE, CDP 98-58, as provided by Chapter 21.201.0
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of April, 19
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all
and arguments, if any, of all persons desiring to be heard, said Commission considered
relating to the CDP 98-58.
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 Cc
APPROVES ROSS RESIDENCE, CDP 98-58, based on the followin
and subject to the following conditions:
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Findinm:
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 fam
on a previously subdivided lot, the development does not obstruct
otherwise damage the visual beauty of the coastal zone and no ag~
activities, sensitive resources, geological instability or coastal access oppc
exist on site.
2. The project is consistent with the provisions of the Coastal Resource :
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that no steep
native vegetation is located on the subject property and the site is not loci
area prone to landslides, or susceptible to accelerated erosion, floods or liqu
3. That the Planning Director has determined that the project is exempt
requirements of the California Environmental Quality Act (CEQA) per Sectio~
the state CEQA Guidelines and will not have any adverse significant imp
environment.
4. All necessary public improvement have been provided or will be required as co
approval.
5. The project has been conditioned to ensure that building permits will not be iss
project unless the District Engineer determines that sewer service is ava:
building cannot occur within the project unless sewer service remains availab
District Engineer is satisfied that the requirements of the Public Facilities Eler
General Plan have been met insofar as they apply to sewer service for this projec
6. The project has been conditioned to provide proof from the Carlsbad Unif
District that the project has satisfied its obligation for school facilities.
7. The Developer has agreed and is required by the inclusion of an appropriate c
pay a public facilities fee. Performance of that contract and payment of the fee
this body to find that public facilities will be available concurrent with need as I
the General Plan.
8. The project has been conditioned to pay any increase in public facility fi
construction tax, or development fees, and has agreed to abide by any
requirements established by a Local Facilities Management Plan prepared I
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued av;
public facilities and will mitigate any cumulative impacts created by the project.
9. That this project could have a potentially significant negative cumulal
impact on the Palomar Airport Road/ El Camino Real intersection. HOI
project has been conditioned to pay its fair share of the “short-term impr
thereby, guaranteeing implementation of a mitigation measure that rt
potential impact to a level of insignificance.
PC RES0 NO. 4547 -2-
I1 0 e w ' Conditions:
2 1. Staff is authorized and directed to make, or require Developer to make, all corrc
internally consistent and in conformity with final action on the project. Develop
different from ths approval, shall require an amendment to this approval.
2. Building permits shall be issued for this project within two (2) years of a1
this coastal development permit will expire unless extended per Section 21.
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occur substantially as shown in the approved Exhibits. Any proposed de 4
modifications to the Coastal Development Permit document(s) necessary to r
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3. The Developer shall comply with all applicable provisions of federal, state :
ordinances in effect at the time of building permit issuance.
4. Building permits will not be issued for development of the subject property
District Engineer determines that sewer facilities are available at the time of,
11 for such sewer permits and will continue to be available until time of occupancy
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5. The Developer shall pay the public facilities fee adopted by the City Council (
1987, (amended July 2, 1991) and as amended fi-om time to time, and any de
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad
Code or other ordinance adopted to implement a growth management system o
and Improvement Plan and to fulfill the subdivider's agreement to pay the pub1
fee dated August 5, 1998, a copy of which is on file with the City Clc
incorporated by ths reference. If the fees are not paid, this application v
consistent with the General Plan and approval for this project will be void.
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6. Prior to the issuance of a building permit, the Developer shall provide pr
Director from the School District that this project has satisfied its obligation
school facilities.
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7. If any condition for construction of any public improvements or facilities, or tl.
of any fees in-lieu thereof, imposed by this approval or imposed by law on this
housing project are challenged this approval shall be suspended as PI
Government Code Section 66020. If any such condition is determined to be j
approval shall be invalid unless the City Council determines that the project T
condition complies with all requirements of law.
8. Prior to issuance of a building permit, the owner shall submit an acoustic
which demonstrates that the architectural plans comply with the State of
interior noise standard of 45 CNEL. The architectural plans shall incorl
additional measures (thicker glazing, sound absorption material, shieldin
or artificial circulation system) to attenuate the noise to an acceptable lev'
windows are required to be unopenable or kept closed in order to meet tl
noise standards, mechanical ventilation and cooling, if necessary, shall be p
maintain a habitable environment. The system shall supply two air change
to each habitable room including 20% (one-fifth) fresh make-up air obtain1 11 PC RESONO. 4547 -3 -
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from the outdoors. The fresh air inlet duct shall be of sound a
construction and shall consist of a minimum of ten feet of straight or cum
six feet plus one sharp 90’ bend.
9. Prior to the issuance of a building permit the owner shall prepare and
notice that this property may be subject, to: 1) impacts from Carlsbad E
the Atchison, Topeka and Santa Fe Railroad and the McClellan Palomar A
possible odor impacts from the Encina Sewer Plant; and 3) noise and traff
from the commuter rail station in a manner meeting the approval of the
Director and City Attorney.
10. Prior to the issuance of the building permit, Developer shall submit to the City i
Restriction to be filed in the office of the County Recorder, subject to the sati
the Planning Director, notifying all interested parties and successors in inter€
City of Carlsbad has issued a Coastal Development Permit by Resolution Nc
the property owned by the Developer. Said Notice of Restriction shall note th
description, Location of the file containing complete project details and all cor
approval as well as any conditions of restrictions specified for inclusion in 1
Restriction. The Planning Director has the authority to execute and record an a:
to the notice whch modifies or terminates said notice upon a showing of goo(
the Developer or successor in interest.
11. The Developer shall pay his fair share for the “short-term improvements”
Camino Real/ Palomar Airport Road intersection prior to or the issua
building permit, whichever occurs first. The amount shall be determint
methodology ultimately selected by Council, including but not limited to, ar
in the city-wide traffic impact fee; an increased or new Zone 22 LFMF
creation of a fee or assessment district; or incorporation into a Mello-Ro
district.
12. If any of the foregoing conditions fail to occur; or if they are, by their ter
implemented and maintained over time, if any of such conditions fail
implemented and maintained according to their terms, the City shall have thl
revoke or modify all approvals herein granted; deny or further condition issua
future building permits; deny, revoke or further condition all certificates of c
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 a1
this Coastal Development Permit.
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PC RES0 NO. 4547 -4-
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Please take NOTICE that approval of your project includes the “imposition” of fees, d 3
“fees/exactions.” 4
reservations, or other exactions hereafter collectively referred to for conve
NOTICE
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You have 90 days from April 21, 1999 to protest imposition of these feedexaction
.protest them, you must follow the protest procedure set forth in Government Coc
66020(a), and file the protest and any other required information with the City M,
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 asidc
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fee:
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connectior
project; NOR DOES IT APPLY to any feedexactions of which you have previously be
NOTICE similar to this, or as to which the statute of limitations has previously othenvisl
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 21st day of April, 195
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heure I Nielsen, Segall, and Welshons
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NOES:
s if , ABSENT: . , Conjmissioner Trigas
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COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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218 Planning Director
PC RES0 NO. 4547 -5-