HomeMy WebLinkAbout1999-06-02; Planning Commission; Resolution 4566e
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PLANNING COMMISSION RESOLUTION NO. 4566
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
DEMOLISH AN OLDER EXISTING SINGLE FAMILY
RESIDENCE AND CONSTRUCT A NEW SINGLE FAMILY
RESIDENCE ON PROPERTY GENERALLY LOCATED ON
THE WEST SIDE OF OCEAN STREET, NORTH OF PACIFIC
AVENUE IN THE NORTHWEST QUADRANT OF THE CITY
IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: DAY RESIDENCE
CASE NO.: CDP 99-04
WHEREAS, Ron and Mary Day, “Owner” and “Developer”, havl
COASTAL DEVELOPMENT PERMIT CDP 99-04 TO
verified application with the City of Carlsbad regarding property described as
Lot 4 of Granville Park, in the City of Carlsbad, in the County
of San Diego, State of California, according to Map thereof No.
1782, filed in the office of the County Recorder of San Diego
County, February 21,1924.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “E” dated June 2,1999, on file in the
Department, DAY RESIDENCE - CDP 99-04, as provided by Chapter 21.201.0~
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of June, 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 99-04.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the COI
APPROVES DAY RESIDENCE - CDP 99-04, based on the followini
and subject to the following conditions:
Findinys:
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 new sing
house on a previously subdivided and developed lot; the development
obstruct views or otherwise damage the visual beauty of the coastal zone
agricultural activities, sensitive resources, geological instability or coast
opportunities exist on 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 adhel
City’s Master Drainage and Storm Water Quality Management Plan and
Ordinances to avoid increased runoff and soil erosion. The site is not locar
area prone to landslides, or susceptible to accelerated erosion, flc
liquefaction. The existing slopes do not support any endangered plan
species and/or coastal sage scrub and chaparral plant communities and 1
are not considered dual criteria slopes. The development of the steep
permitted in that:
A) A geotechnical analysis of the site was prepared. The analysis conclude1
proposed development will have a useful life of at least 75 years and
development will have no adverse effect on the stability of the coastal slo
B) The proposed grading is essential to the development of the site since
slopes are located in the middle of the property less than 45’ from th
property line.
C) The proposed slope disturbance will not damage or alter major wildlife 1.
native vegetation since the site is an infill site containing no native vegeta
D) The project site is not predominated by steep slopes and the site does no1 I
~ a wildlife corridor.
E) Review of the proposed project has concluded that the site contains no I
wildlife and that no environmental impacts will result from the project.
3. The proposal is in conformity with the public access and recreation policies of (
of the Coastal Act in that a public access stairway exists to the north of the su
which will provide adequate public access to the beach from the blufftop area.
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4. The project is consistent with the provisions of the Coastal Shoreline Dev
Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that vertical accc
within 300’ of the project. The site is not now, and has not historically, been
vertical access. No vertical access is warranted for this development based
ordinance criteria. A geotechnical analysis of the project site was prepared. Thc
concluded that the proposed development will have a useful life of at least 75 ;
that the development will have no adverse effect on the stability of the coastal s
proposed residential structure has been designed with attractive architectural
which will be compatible with the surrounding development and natural envj
The building has been designed with a low-facade along Ocean Street and the
has been designed to step-down the hillside consistent with this requirement. G
designed to blend with existing and natural surroundings. The project adher
coastal “stringline” setback requirements for the placement of structures, decksh
fences and poolhpa.
5. The Planning Commission of the City of Carlsbad has reviewed, anal)
considered the Negative Declaration (dated April 20, 1999), the environmental
therein identified for this project and any comments thereon prior to appro
project. Based on the EIA Part I1 and comments thereon, the Planning Con
finds that there is no substantial evidence the project will have a significant effe
environment and thereby approves the Negative Declaration.
6. The Planning Commission finds that the Negative Declaration (dated April 2
reflects the independent judgment of the Planning Commission of the City of Cs
7. All necessary public improvements have been provided or will be required as cc
of approval.
8. 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 Eleme
General Plan have been met insofar as they apply to sewer service for this project
9. The project has been conditioned to provide proof from the Carlsbad Unifiec
District that the project has satisfied its obligation for school facilities.
10. The Developer has agreed and is required by the inclusion of an appropriate con
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 by the General Plan.
11. 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 21.90 of the Carlsbad Municipal Code. This will ensure continued avail:
public facilities and will mitigate any cumulative impacts created by the project.
i PC RES0 NO. 4566 -3-
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2s
12. That this project could have a potentially significant negative curnulath
impact on the Palomar Airport Road/ El Camino Real intersection. How6
project has been conditioned to pay its fair share of the “short-term improl
thereby, guaranteeing implementation of a mitigation measure that red
potential impact to a level of insignificance.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all c(
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
development different from this approval, shall require an amendment to this apI
2. The applicant shall apply for and be issued building permits for this project w
(2) years of approval or this coastal development permit will expire unless exte
Section 21.201.210 of the Zoning Ordinance.
3. The Developer shall comply with all applicable provisions of federal, state, :
ordinances in effect at the time of building permit issuance.
4. Grading is prohibited from October 1 to April 1. The City Engineer may p
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.
5. 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 ar
for such sewer permits and will continue to be available until time of occupancy.
6. 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 devi
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 1
and Improvement Plan and to fulfill the developer’s agreement to pay the public
fee dated January 11, 1999, 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.
7. Prior to the issuance of a building permit, the Developer shall provide pro1
Director from the School District that this project has satisfied its oblig
provide school facilities.
8. The Developer shall pay its fair share for the “short-term improvements” 1
Camino Real/ Palomar Airport Road intersection prior to approval of the fi
or the issuance of a grading permit, whichever occurs first. The amount
determined by the methodology ultimately selected by Council, including
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limited to, an increase in the city-wide traffic impact fee; an increased or n
1 LFMP fee; the creation of a fee or assessment district; or incorporatic
Mello-Roos taxing district.
9. 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 prc
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 w
condition complies with all requirements of law.
10. The owner of the subject property shall execute an agreement holding the City
regarding drainage across the adjacent property prior to the issuance of
permits or grading plan approval, whichever occurs first.
Engineerin? Conditions:
11. Prior to hauling dirt or construction materials to or from any proposed constru
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condi
requirements the City Engineer may impose with regards to the hauling operatio1
12. The developer shall pay all current fees and deposits required.
13. Prior to approval of any grading or building permits for this project, the owner s
written consent to the annexation of the area shown within the boundarie
subdivision plan into the existing City of Carlsbad Street Lighting and Lan
District No. 1 on a form provided by the City.
14. Grading permit is required for this project. Grading permit is required pric
issuance of building permits.
15. Prior to the issuance of building permits, the owner shall enter into a lien contra(
future public improvement of Ocean Street along the project frontage for a h
width of 25 feet. Public improvements shall include, but not be limited to, pavi
sidewalks, curbs and gutter, medians, grading, clearing and grubbing, undergrot
relocation of utilities, sewer, water, fire hydrants, street lights and retaining walls
General
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 tl
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 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 viola1 I PC RESONO. 4566 -5-
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vested rights are gained by Developer or a successor in interest by the City’s ap
this Coastal Development Permit.
Code Reminders:
17. The developer shall exercise special care during the construction phase of this 1
prevent offsite siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
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 date of final approval to protest imposition of these fees/exac
you 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 Mar
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 feed6
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 1
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 2nd day of June 199!
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heure
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4566 -7-