HomeMy WebLinkAbout1999-11-03; Planning Commission; Resolution 46601
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PLANNING COMMISSION RESOLUTION NO. 4660
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY LOCATED AT 2418 JEFFERSON STREET IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NO.: CDP 99-31
WHEREAS, Westwood Homes, LLC, “OwnerDeveloper”, has filed a veril
COASTAL DEVELOPMENT PERMIT CDP 99-31 ON
CASE NAME: JEFFERSON SINGLE-FAMILY RESIDENCE
application with the City of Carlsbad regarding property described as:
Lot 11 in Block 4 of Sunny Slope Tract of Carlsbad, in the City
of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 486, filed in the Office of the
County Recorder of San Diego County, February 7,1888.
Also, that portion of West half of the alley, vacated, adjacent to
said Lot on the East.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coa
Development Permit as shown on Exhibits “A” - “F” dated November 3, 1999, on file in
Planning Department, JEFFERSON SINGLE-FAMILY RESIDENCE, CDP 99-31
provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of November, 19
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testim
and arguments, if any, of all persons desiring to be heard, said Commission considered all fac
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planr
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commiss
based on the following findings and subject to the following conditions:
APPROVES JEFFERSON SINGLE-FAMILY RESIDENCE, CDP 99
Findinvs:
1. That the proposed development is in conformance with the Certified Local Coa
Program and all applicable policies and the Coastal Resource Protection Overlay Z(
in that the site is designated for single or multi-family residential developments 2
the development is a single family house on a previously subdivided lot,
agricultural activities, sensitive resources, geological instability or coastal acc
opportunities exist on site. The development is consistent with Chapter 3 of
Coastal Act because there are no public recreation or access requirements for 1
property.
2. The project is consistent with the provisions of the Coastal Resource Protect
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project I
adhere to the City’s Master Drainage and Storm Water Quality Management P
and Grading Ordinance to avoid increased runoff and soil erosion, no steep slo
or native vegetation is located on the subject property and the site is not located
an area prone to landslides, or susceptible to accelerated erosion, floods
liquefaction.
3. The proposal is in conformity with the public access and recreation policies
Chapter 3 of the Coastal Act in that the project is not located adjacent to the shc
Therefore, the project will not interfere with the public’s right to physical acces!
the sea and the site is not suited for water-oriented recreational activities.
4. That the Planning Director has determined that the project belongs to a class of projc
that the State Secretary for Resources has found do not have a significant impact on
environment, and it is therefore categorically exempt from the requirement for
preparation of environmental documents pursuant to Section 15303 - New construct
or Conversion of Small Structures of the state CEQA Guidelines. In making
determination, the Planning Director has found that the exceptions listed in Secl
15300.2 of the state CEQA Guidelines do not apply to this project.
5. The project is consistent with the City-Wide Facilities and Improvements Plan, the Lo
Facilities Management Plan for Zone 1 and all City public facility policies i
ordinances. The project includes elements or has been conditioned to construct
provide funding to ensure that all facilities and improvements regarding: sewer collect
and treatment; water; drainage; circulation; fire; schools; parks and other recreatio
facilities; libraries; government administrative facilities; and open space, related to
project will be installed to serve new development prior to or concurrent with ne
Specifically,
A. The project has been conditioned to provide proof from the Carlsbad Unif
School District that the project has satisfied its obligation for school facilities.
B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, i
will be collected prior to issuance of building permit.
1) PC RES0 NO. 4660 -2-
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C. The Public Facility fee is required to be paid by Council Policy No. 17 and wil
collected prior to the issuance of building permit.
6. The project has been conditioned to ensure the building permits will not be issued for
project unless the District Engineer determines that sewer service is available,
building cannot occur within the project unless sewer service remains available, and
District Engineer is satisfied that the requirements of the Public Facilities Element of
General Plan have been met insofar as they apply to sewer service for this project.
7. That this project could have a potentially significant negative cumulative tra
impact on the Palomar Airport Road/ El Camino Real intersection. H0we.c
Developer has agreed and been conditioned to pay its fair share of the “short-te
improvements” thereby, guaranteeing implementation of a mitigation measure t
reduces the potential impact to a level of insignificance.
8. The project is not located in the Coastal Agriculture Overlay Zone, according to Ma]
of the Land Use Plan, certified September 1990 and, therefore, is not subject to
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zon
Ordinance).
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9. The project is not located between the sea and the first public road parallel to the sea a
therefore, is not subject to the provisions of the Coastal Shoreline Development Over
Zone (Chapter 21.204 of the Zoning Ordinance).
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10. The Planning Commission has reviewed each of the exactions imposed on the Develo
to mitigate impacts caused by or reasonably related to the project, and the extent and
contained in this resolution, and hereby finds, in this case, that the exactions are impo:
17 degree of the exaction is in rough proportionality to the impact caused by the project.
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance o
building permit.
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General:
1. If any of the following conditions fail to occur; or if they are, by their terms, to
implemented and maintained over time, if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the right
revoke or modify all approvals herein granted; deny or further condition issuance of
future building permits; deny, revoke or further condition all certificates of occupan
issued under the authority of approvals herein granted; institute and prosecute litigation
compel their compliance with said conditions or seek damages for their violation. 1
vested rights are gained by Developer or a successor in interest by the City’s approval
this Coastal Development Permit.
28 2. Staff is authorized and directed to make, or require the Developer to make, all correctic
and modifications to the Coastal Development Permit documents, as necessary to mi
PC RES0 NO. 4660 -3-
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them internally consistent and in conformity with the final action on the projc
Development shall occur substantially as shown on the approved Exhibits. Any propo
development different from this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and IC
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the pap
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Pro:
are challenged, this approval shall be suspended as provided in Government Code Sect
66020. If any such condition is determined to be invalid this approval shall be inv;
unless the City Council determines that the project without the condition complies P
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend
hold harmless the City of Carlsbad, its Council members, officers, employees, agents,
representatives, from and against any and all liabilities, losses, damages, demands, cla
and costs, including court costs and attorney’s fees incurred by the City arising, direc
or indirectly, from (a) City’s approval and issuance of this Coastal Development Perr
(b) City’s approval or issuance of any permit or action, whether discretionary or n
discretionary, in connection with the use contemplated herein, and
Developer/Operator’s installation and operation of the facility permitted here
including without limitation, any and all liabilities arising from the emission by
facility of electromagnetic fields or other energy waves or emissions.
6. The Developer shall submit to the Planning Department a reproducible 24” x f
mylar copy of the Coastal Development Permit reflecting the conditions approved
the final decision making body.
7. Prior to the issuance of a building permit, the Developer shall provide proof to
Director from the Carlsbad Unified School District that this project has satisfied
obligation to provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are requ
as part of the Zone 1 Local Facilities Management Plan and any amendments madc
that Plan prior to the issuance of building permits.
9. Building permits will not be issued for this project unless the local agency provic
water and sewer services to the project provides written certification to the City
adequate water service and sewer facilities, respectively, are available to the project at
time of the application for the building permit, and that water and sewer capacity
facilities will continue to be available until the time of occupancy.
10. The Developer shall pay his fair share for the “short-term improvements” to th
Camino Real/ Palomar Airport Road intersection prior to issuance of a gradin
building permit, whichever occurs first. The amount shall be determined bj
methodology ultimately selected by Council, including but not limited to, an incl
in the city-wide traffic impact fee; an increased or new Zone 1 LFMP fee; 1 I 11 PC RES0 NO. 4660 -4-
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1 II creation of a fee or assessment district; or incorporation into a Mello-Roos tal
2 district.
3 Coastal
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11. If a grading permit is required, all grading activities shall be planned in units that can
completed by October 1st. Grading activities shall be limited to the “dry season”, A1
1st to October 1st of each year. Grading activities may be extended to November 1
upon written approval of the City Engineer and only if all erosion control measures art
place by October 1st.
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Housing
9 12. At issuance of building permits, the Developer shall pay to the City an inclusion
housing impact fee as an individual fee on a per market rate dwelling unit basis in
10 amount in effect at the time, as established by City Council Resolution from time to tir
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13. Prior to the issuance of the building permit, Developer shall submit to the City a Notic
Restriction to be filed in the office of the County Recorder, subject to the satisfactio
the Planning Director, notifying all interested parties and successors in interest that
City of Carlsbad has issued a Coastal Development Permit by Resolution No. 466C
the property owned by the Developer. Said Notice of Restriction shall note the prof
description, location of the file containing complete project details and all condition
approval as well as any conditions of restrictions specified for inclusion in the Nc
Restriction. The Planning Director has the authority to execute and record an amendr
to the notice which modifies or terminates said notice upon a showing of good caus
the Developer or successor in interest.
Engineering:
14. Prior to hauling dirt or construction materials to or fi-om any proposed construction
within this project, the developer shall submit to and receive approval from the C
Engineer for the proposed haul route. The developer shall comply with all conditions
requirements the City Engineer may impose with regards to the hauling operation.
22 15. Prior to performing any work in the City right of way, developer shall obtain a Right.
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Way Pennit (driveway and sidewalk underdrain). Sidewalk underdrain shall
feet shall be maintained such that runoff is directed towards a suitable drain 25 16. A gradient of 3%% positive drainage away from the structures for at least three
regarding drainage across the adjacent prloperty. 28
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illustrated on the building plans.
device via a swale with a minimum gradient of 1%. This requirement shall 26
installed per San Diego Regional Standlard Drawing D-27.
17. The owner of the subject property shall execute an agreement holding the City harm
PC RES0 NO. 4660 -5-
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I Water
2 18. Water, Sewer and Irrigation laterals shall be located in accordance with City and Distl
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19. The Developer shall be responsible for all fees, deposits and charges which will
collected before and/or at the time of issuance of the building permit. The San Dit
County Water Authority capacity charge will be collected at issuance of application
Standards to the satisfaction of the Deputy City Engineer - Utilities.
CODE REMINDERS:
7 any meter installation.
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20. Developer shall pay the License Tax on new construction imposed by Carlsbad Munici
Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywide Pul
Facilities Fee imposed by City Council Policy #17, subject to any credits authorized
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applica
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All SI
taxedfees shall be paid at issuance of building permit. If the taxedfees and not paid, 1
approval will not be consistent with the General Plan and shall become void.
21. This approval shall become null and void if building permits are not issued for 1
project within 2 years from the date of project approval.
22. Addresses, approved by the Building Official, shall be placed on all new and exist
buildings so as to be plainly visible from the street or access road; color of identificat
and/or addresses shall contrast to their background color, as required by Carlsl
Municipal Code Section 18.04.320.
23. Developer shall install and maintain erosion control measures to the satisfaction
the City Engineer as necessary during the building process. I
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fc
dedications, reservations, or other exactions hereafter collectively referred to for convenienct
“fees/exactions.”
You have 90 days fi-om date of final approval to protest imposition of these feedexactions.
you protest them, you must follow the protest procedure set forth in Government Code Secl
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tin
follow that procedure will bar any subsequent legal action to attack, review, set aside, void
annul their imposition.
27 You are hereby FURTHER NOTIFIED that your right to protest the specified feedexacti
zoning, grading or other similar application processing or service fees in connection with 28 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plann
project; NOR DOES IT APPLY to any feedexactions of which you have previously been gi
PC RES0 NO. 4660 -6-
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a NOTICE similar to this, or as to which the statute of limitations has previously othem
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Plann
Commission of the City of Carlsbad, California, held on the 3rd day of November, 1999, by
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L”Heure
Segall, Trigas, and Nielsen
NOES: Commissioner Welshons
ABSENT:
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4660 -7-