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HomeMy WebLinkAbout1999-09-01; Planning Commission; Resolution 4625j- a 1 I/ PLANNING COMMISSION RESOLUTION NO. 4625 2 ll A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 PROPERTY GENERALLY LOCATED ON THE WEST SIDE 4 CITY OF CmSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 99-22 ON 5 6 7 CASE NAME: SHORES RESIDENCE 9 8 . OF FRANCISCAN ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NO.: CDP 99-22 WHEREAS, M. B. Shores Corporation, “OwnerDeveloper”, has filed application with the City of Carlsbad regarding property described as 10 Lot 8, Block 23, La Costa Downs, Unit No. 1, Map 2013 11 (“the Property”); and l2 ll WHEREAS, said verified application constitutes a request for a 13 14 15 16 17 20 WHEREAS, at said public hearing, upon hearing and considering all t 19 hold a duly noticed public hearing as prescribed by law to consider said request; and 18 WHEREAS, the Planning Commission did, on the 1st day of Septemb and arguments, if any, of all persons desiring to be heard, said Commission considered : Development Permit as shown on Exhibits “A” - “G” dated September 1, 1999, on 1 Planning Department, SHORES RESIDENCE, CDP 99-22, as provided by Chapter 21 of the Carlsbad Municipal Code; and 21 22 relating to CDP 99-22. NOW, THEREFORE, BE IT HEREBY RESOLVED by the 23 24 Commission of the City of Carlsbad as follows: 25 A) That the foregoing recitations are true and correct. 26 B) That based on the evidence presented at the public hearing, the Co 27 28 Findinm: APPROVES SHORES RESIDENCE, CDP 99-22, based on the findings and subject to the following conditions: 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 ._ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 for single family residential development and the development is a single fam. on a previously subdivided lot, the development does not obstruct 7 otherwise damage the visual beauty of the coastal zone and no agr activities, sensitive resources, geological instability or coastal access oppa exist on site. 2. The project is consistent with the provisions of the Coastal Resource I 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 liqu 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 imp: environment. 4. All necessary public improvement have been provided or will be required as cor approval. 5. The project has been conditioned to ensure that building permits will not be isst project unless the District Engineer determines that sewer service is avai: building cannot occur within the project unless sewer service remains availabl District Engineer is satisfied that the requirements of the Public Facilities Elerr General Plan have been met insofar as they apply to sewer service for this projec 6. The project has been conditioned to provide proof fkom the Carlsbad Unifir 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 cc pay a public facilities fee. Performance of that contract and payment of the fee F this body to find that public facilities will be available concurrent with need as r( the General Plan. 8. The project has been conditioned to pay any increase in public facility fel 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 ava: public facilities and will mitigate any cumulative impacts created by the project. 9. That this project could have a potentially significant negative cumulati impact on the Palomar Airport Road/ El Camino Real intersection. How project has been conditioned to pay its fair share of the “short-term imprc thereby, guaranteeing implementation of a mitigation measure that rer potential impact to a level of insignificance. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corre modifications to the Coastal Development Permit document(s) necessary to r internally consistent and in conformity with final action on the project. Develop PC RES0 NO. 4625 -2- '. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 . 25 26 27 28 0 0 occur substantially as shown in the approved Exhibits. Any proposed de 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 District Engineer determines that sewer facilities are available at the time of i 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 c 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 2 1.90 of the Carlsbad Code or other ordinance adopted to implement a growth management system 01 and Improvement Plan and to fulfill the subdivider's agreement to pay the publi fee dated April 23, 1999, a copy of which is on file with the City Cle incorporated by this reference. If the fees are not paid, this application w 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 prc Director from the School District that this project has satisfied its obligation school facilities. 7. If any condition for construction of any public improvements or facilities, or th 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 pr Government Code Section 66020. If any such condition is determined to be il approval shall be invalid unless the City Council determines that the project P condition complies with all requirements of law. 8. Prior to issuance of a building permit, the owner shall submit an acoustica which demonstrates that the architectural plans comply with the State of ( interior noise standard of 45 CNEL. The architectural plans shall incorpl additional measures (thicker glazing, sound absorption material, shielding or artificial circulation system) to attenuate the noise to an acceptable leve windows are required to be unopenable or kept closed in order to meet th noise standards, mechanical ventilation and cooling, if necessary, shall be pr maintain a habitable environment. The system shall supply two air changes to each habitable room including 20% (one-fifth) fresh make-up air obtaine from the outdoors. The fresh air inlet duct shall be of sound at construction and shall consist of a minimum of ten feet of straight or curvt 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 Boulc Atchison, Topeka and Santa Fe Railroad and the McClellan Palomar Ail PC RES0 NO. 4625 -3- __ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 2 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 intere 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 COI 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 a] to the notice which modifies or terminates said notice upon a showing of gooc 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 issu; building permit, whichever occurs first. The amount shall be determinc methodology ultimately selected by Council, including but not limited to, a1 in the city-wide traffic impact fee; an increased or new Zone 22 LFMl creation of a fee or assessment district; or incorporation into a Mello-Rc district. Engineerinp Conditions: 12. Prior to issuance of any building permit, the developer shall comply with the req of the City’s anti-graffiti program for wall treatments if and when such a p formally established by the City. 13. Prior to hauling dirt or construction material to or from any proposed constn within this project, the developer shall submit to and receive approval fi-om Engineer for the proposed haul route. The developer shall comply with all cond requirements the City Engineer may impose with regards to the hauling operatior 14. Prior to issuance of a building permit for any buildable lot within the subdil property owner shall pay a one-time special development tax in accordance Council Resolution No. 91-39. 15. The developer shall pay all current fees and deposits required. 16. The owner of the subject property shall execute an agreement holding the City regarding drainage across the adjacent property. General: 17. 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 implemented and maintained according to their terms, the City shall have. th revoke or modify all approvals herein granted; deny or further condition issua future building permits; deny, revoke or further condition all certificates of c PC RES0 NO. 4625 -4- “ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a 0 issued under the authority of approvals herein granted; institute and prosecute li 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 a. this Coastal Development Permit. Code Reminder: 18. No cut or fill slope shall be steeper than two units horizontal to one unit verl NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dt reservations, or other exactions hereafter collectively referred to for conve~ “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexactio 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 ML 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 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 fees/exactions of which you have previously be NOTICE similar to this, or as to which the statute of limitations has previously othenvis ... ... .. ... .. ... .. ~ ... . .. ... PC RES0 NO. 4625 -5- .. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 1st day of September, 19 following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heure Trigas, and Welshons NOES: ABSENT: Commissioners Nielsen and Segall ABSTAIN: Y 1 / COURTNEY E. H-, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: If ~ M1CHAELJ.HGZZ &ER Planning Director PC RES0 NO. 4625 -6-