HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 45811
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PLANNING COMMISSION RESOLUTION NO. 4581
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY LOCATED ON THE WEST SIDE
OF FRANCISCAN ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: MCCABE RESIDENCE
CASE NO. : CDP 99-14
WHEREAS, Jeffrey McCabe, “Owner/Developer”, has filed a
COASTAL DEVELOPMENT PERMIT CDP 99-14 ON
application with the City of Carlsbad regarding property described as
Lot 7, 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” - “C” dated July 7, 1999, on file in the
Department, McCABE RESIDENCE, CDP 99-14, as provided by Chapter 21.201.0
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of July, 199
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 the CDP 99-14.
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 McCABE RESIDENCE, CDP 99-14, based on the 1
findings and subject to the following conditions:
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
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for single family residential development and the development is a single fami
on a previously subdivided lot, the development does not obstruct I
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 P
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 loca
area prone to landslides, or susceptible to accelerated erosion, floods or liquc
3. That the Planning Director has determined that the project is exempt
requirements of the California Environmental Quality Act (CEQA) per Section
the state CEQA Guidelines and will not have any adverse significant impa
environment.
4. All necessary public improvement have been provided or will be required as con
approval.
5. The project has been conditioned to ensure that 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 available
District Engineer is satisfied that the requirements of the Public Facilities Elemf
General Plan have been met insofar as they apply to sewer service for this project
6. The project has been conditioned to provide proof fi-om the Carlsbad Unifiel
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 cor
pay a public facilities fee. Performance of that contract and payment of the fee w
this body to find that public facilities will be available concurrent with need as rec
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 a
requirements established by a Local Facilities Management Plan prepared pu~
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.
9. That this project could have a potentially significant negative cumulativ
impact on the Palomar Airport Road/ El Camino Real intersection. Howe
project has been conditioned to pay its fair share of the “short-term improv
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 correct
modifications to the Coastal Development Permit document(s) necessary to ml
internally consistent and in conformity with final action on the project. Developm
PC RES0 NO. 4581 -2-
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occur substantially as shown in the approved Exhibits. Any proposed de7
different from this approval, shall require an amendment to this approval.
2. Building permits shall be issued for this project within two (2) years of ap
this Coastal Development Permit will expire unless extended per Section 2
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. 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 a
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 0;
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 1
Code or other ordinance adopted to implement a growth management system or
and Improvement Plan and to fulfill the subdivider’s agreement to pay the public
fee dated March 27, 1999, a copy of which is on file with the City Cle~
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. Prior to the issuance of a building permit, the Developer shall provide pro
Director fiom the School District that this project has satisfied its obligation tc
school facilities.
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 issuance of a building permit, the owner shall submit an acoustical
which demonstrates that the architectural plans comply with the State of C
interior noise standard of 45 CNEL. The architectural plans shall incorpo
additional measures (thicker glazing, sound absorption material, shielding
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
noise standards, mechanical ventilation and cooling, if necessary, shall be prc
maintain a habitable environment. The system shall supply two air changes 1
to each habitable room including 20% (one-fifth) fresh make-up air obtained
from the outdoors. The fresh air inlet duct shall be of sound attt
construction and shall consist of a minimum of ten feet of straight or curved
six feet plus one sharp 90° bend.
9. Prior to the issuance of a building permit the owner shall prepare and I
notice that this property may be subject to: 1) impacts from Carlsbad Boule\
Atchison, Topeka and Santa Fe Railroad and the McClellan Palomar Air1
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possible odor impacts from the Encina Sewer Plant; and 3) noise and traffi
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 a
Restriction to be filed in the office of the County Recorder, subject to the satis
the Planning Director, notifying all interested parties and successors in interes
City of Carlsbad has issued a Coastal Development Permit by Resolution No
the property owned by the Developer. Said Notice of Restriction shall note thc
description, location of the file containing complete project details and all con
approval as well as any conditions of restrictions specified for inclusion in t
Restriction. The Planning Director has the authority to execute and record an ar
to the notice which modifies or terminates said notice upon a showing of good
the Developer or successor in interest.
11. The Developer shall pay his fair share for the “short-term improvements”
Camino ReaY Palomar Airport Road intersection prior to or the issua
building permit, whichever occurs first. The amount shall be determine
methodology ultimately selected by Council, including but not limited to, an
in the city-wide traffic impact fee; an increased or new Zone 22 LFMP
creation of a fee or assessment district; or incorporation into a Mello-Rol
district.
EnPineeriny Conditions:
12. Prior to issuance of any building permit, the developer shall comply with the reql
of the City’s anti-graffiti program for wall treatments if and when such a pr
formally established by the City.
13. Prior to issuance of a building permit for any buildable lot within the subdivi
property owner shall pay a one-time special development tax in accordance I
Council Resolution No. 91-39.
14. The developer shall pay all current fees and deposits required.
15. 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.
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 t
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuan
future building 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 violat
vested rights are gained by Developer or a successor in interest by the City’s apl
this Coastal Development Permit.
~ PC RES0 NO. 4581 -4-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dt
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/exa
you protest them, you must follow the protest procedure set forth in Government Cod
66020(a), and file the protest and any other required information with the City Mz
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 bec
NOTICE similar to this, or as to which the statute of limitations has previously othenvisc
PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Commission of the City of Carlsbad, California, held on the 7th day of July, 199’
following vote, to wit:
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AYES: Chairperson Heineman, Commissioners Compas, L’Heure1
Nielsen, Segall, Trigas, and Welshons
l8 ll NOES:
19 11 ABSENT:
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CARLSBAD PLANNING COMMISSION
26 ATTEST:
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28 MICHAEL J. HXZM~LER
Planning Director
PC RES0 NO. 4581 -5-