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
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PROPERTY GENERALLY LOCATED ON THE WEST SIDE 4
CITY OF CmSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 99-22 ON
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CASE NAME: SHORES RESIDENCE
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. 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
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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
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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
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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
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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-
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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-
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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 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
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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
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PC RES0 NO. 4625 -5-
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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-