HomeMy WebLinkAbout1999-12-01; Planning Commission; Resolution 46730 *
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PLANNING COMMISSION RESOLUTION NO. 4673
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY LOCATED WEST OF PI0 PIC0
DRIVE, SOUTH OF YOURELL AVENUE IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: TALLMAN PROPERTY
CASE NO. : CDP 99- 18
COASTAL DEVELOPMENT PERMIT CDP 99-18 ON
WHEREAS, Jeffrey C. and Pamela Tallman, “OwnerDeveloper”, have file
verified application with the City of Carlsbad regarding property, described as
That portion of Tract 7 of Laguna Mesa Tract, County of San
Diego, State of California, as per Map No. 1719, filed in the
Office of the County Recorder of San Diego County, 6-20-21,
as described in Attachment “A”
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coa:
Development Permit as shown on Exhibits “A” -“J” dated December 1, 1999, on file in
Planning Department, TALLMAN PROPERTY, CDP 99-18 as provided by Char
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of December, 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 testimo
and arguments, if any, of all persons desiring to be heard, said Commission considered all fact1
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannj
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 Commiss
APPROVES TALLMAN PROPERTY, CDP 99-18 based on the follow
findings and subject to the following conditions:
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FindinPs:
1. The Planning Commission finds that all feasible mitigation measures identified in
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Progr;
and MEIR 93-01 which are appropriate to this Subsequent Project have been incorpor
into this Subsequent Project.
2. The Planning Commission finds that the project, as conditioned herein, is
conformance with the Elements of the City’s General Plan, based on the facts set fort1
the staff report dated December 1,1999 including, but not limited to the following:
A. Land Use - The project is consistent with the City’s General Plan since
proposed density of 3.1 ddac is within the density range of 0-4 du/ac specified
the site as indicated on the land use Element of the General plan and is below
3.2 ddac Growth Management Control Point.
B. Housing - The project is consistent with the Housing Element of the General P
and the Inclusionary Housing Ordinance as the Developer has been conditione(
pay an inclusionary housing impact fee.
C. Open Space and Conservation - The project is consistent with the Open Space i
Conservation Element of the General Plan in that in order to preserve slo
designated as Official Open Space the Developer will be required to record
Open Space Deed Restriction to prohibit encroachment or development of th
slopes and the Developer will be required to participate in future rezoning of
open space from R-1-7,500 to OS in order to be consistent with the OS Gent
Plan Land Use Designation.
3. The project is consistent with the City-Wide Facilities and Improvements Plan, the LC
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 fhding 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 nr
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,
will be collected prior to issuance of building permit.
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.
4. That the project is consistent with the City’s Landscape Manual (Carlsbad Munic:
Code Section 14.28.020 and Landscape Manual Section I B). I 11 PC RES0 NO. 4673 -2-
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5. That the proposed development is in conformance with the Mello I1 Segment of t
Certified Local Coastal Program and all applicable policies in that the site is designat
for single-family residential development and the development proposal will res1
in an adjustment of the boundary line between two existing parcels in order
create a level building pad for Parcel A, thereby eliminating the need to encroa
into undevelopable slopes for the proposed residential construction. A conditil
will be required to deed restrict the steep slope areas as open space there
eliminating the potential for geologic instability due to development activities. T
proposed single family residential development does not obstruct public views oft
coastline or otherwise damage the visual beauty of the coastal zone and
agricultural activities or sensitive resources exist on site.
6. The proposal is in conformity with the public access and recreation policies of Chapte:
of the Coastal Act in that the project has been conditioned to offer a dedication
lateral access to facilitate future access to Buena Vista Lagoon in accordance wi
Policy 7-6 of the Mello I1 LCP.
7. The project is consistent with the provisions of the Coastal Resource Protecti
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project v1
adhere to the City’s Master Drainage and Storm Water Quality Management P1
and Grading Ordinance to avoid increased runoff and soil erosion, no developme
will occur within areas of steep slopes, no native vegetation is located on the subjc
property and the site is not located in an area prone to landslides, or susceptible
accelerated erosion, floods or liquefaction.
8. The project is not located in the Coastal Agriculture Overlay Zone, according to Map
of the Land Use Plan, certified September 1990 and, therefore, is not subject to 1
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoni
Ordinance). The existing olive grove will be preserved within the deed restrict
open space area and no development will encroach into the existing grove.
9. The project is not located between the sea and the first public road parallel to the sea ar
therefore, is not subject to the provisions of the Coastal Shoreline Development Over1
Zone (Chapter 21.204 of the Zoning Ordinance).
10. That this project could have a potentially significant negative cumulative traffic imp
on the Palomar Airport Road El Camino Real intersection. However, this project 1
been conditioned to pay its fair share of the “short-term improvements” there1
guaranteeing implementation of a mitigation measure that reduces the potential impact
a level of insignificance.
11. The Planning Commission has reviewed each of the exactions imposed on the Develo]
contained in this resolution, and hereby finds, in this case, that the exactions are impo:
to mitigate impacts caused by or reasonably related to the project, and the extent and
degree of the exaction is in rough proportionality to the impact caused by the project.
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PC RES0 NO. 4673
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance o
building permit.
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 occupa~
issued under the authority of approvals herein granted; institute and prosecute litigatior
compel their compliance with said conditions or seek damages for their violation.
vested rights are gained by Developer or a successor in interest by the City’s approval
this Coastal Development Permit.
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 m:
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 fkom this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and lo
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the paym
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Proj
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 invs
unless the City Council determines that the project without the condition complies w
all requirements of law.
5. The Developer shall implement, or cause the implementation of, the Tallman Propel
Mitigation Monitoring and Reporting Program.
6. The Developer/Operator shall and does hereby agree to indemnify, protect, defend E
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, s
representatives, from and against any and all liabilities, losses, damages, demands, clai
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 Pern
(b) City’s approval or issuance of any permit or action, whether discretionary or nc
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.
PC RES0 NO. 4673 -4-
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’ 7. The Developer shall submit to the Planning Director a reproducible 24” x 36”, my:
2 copy of the Site Plan reflecting the conditions approved by the final decision maki:
body.
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8. Developer shall provide proof to the Director fi-om the School District that this projf 4 has satisfied its obligation to provide school facilities.
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9. This project shall comply with all conditions and mitigation measures which are requir
as part of the Zone 1 Local Facilities Management Plan and any amendments made
that Plan prior to the issuance of building permits.
10. This approval is granted subject to the approval of ADJ 538, the Mitigated Negati
Declaration and Mitigation Monitoring and Reporting Program and HDP 99-09 a
is subject to all conditions contained in ADJ 538 and Resolutions No. 4672 and 46
for those other approvals.
11. Building permits will not be issued for this project unless the local agency providi
water and sewer services to the project provides written certification to the City tl
adequate water service and sewer facilities, respectively, are available to the project at t
time of the application for the building permit, and that water and sewer capacity a
facilities will continue to be available until the time of occupancy.
12. The Developer shall pay his fair share for the “short-term improvements” to the
Camino ReaY Palomar Airport Road intersection prior to or the issuance of
building permit, whichever occurs first. The amount shall be determined by t
methodology ultimately selected by Council, including but not limited to,
increase in the city-wide traffic impact fee; an increased or new Zone 1 LFMP fc
the creation of a fee or assessment district; or incorporation into a Mello-Ra
taxing district.
Coastal
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13. The Developer shall install erosion control measures to the satisfaction of the C
Engineer.
14. If a grading permit is required, all grading activities shall be completed by October I
year. Grading activities may be extended to November 15th upon written approval of 1
City Engineer and only if all erosion control measures are in place by October 1st.
22 Grading activities shall be limited to the “dry season”, April 1st to October 1 st of el
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15. Prior to approval of the adjustment plat, or issuance of a building pern
whichever occurs first, the Developer shall offer a dedication of lateral acce
irrevocable for a term of 21 years, to the City of Carlsbad, State Coas
Conservancy, and the State of California Wildlife Reserve in accordance with Pol
7-6 of the Mello I1 LCP over that portion of land north of the northerly right-of-vc
line on Jefferson Street.
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PC RES0 NO. 4673 -5-
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Open Space
16. Exhibit “A” shall be revised to delete the reference to “Proposed Uses in 2.812
open space portion of parcel A”.
17. The Developer shall prepare, obtain Planning Director approval, a1
simultaneously record with the recordation of the adjustment plat, (ADJ 538),
Notice of Deed Restricted Open Space in a standard form approved by the Cj
Attorney. The Notice shall describe that portion of Parcel “A” which is designat
as “Official Open Space” on the City’s Open Space and Conservation Map (dat
September 1994) and said notice shall prohibit any encroachment or developme1
including but not limited to fences, walls, decks, storage buildings, pools, sp:
stairways, and landscaping.
18. The Developer shall agree to participate in the future City initiated rezoning of t
Deed Restricted Open Space from R-1-7,500 to OS.
19. Removal of native vegetation and development of the Deed Restricted Open Space
Parcel “A”, including but not limited to fences, walls, decks, storage buildings, poo
spas, stairways and landscaping, other than that approved as part of the grading plan a
improvement plans as shown on Exhibit “A”, is specifically prohibited, except up
written order of the Carlsbad Fire Department for fire prevention purposes, or up
written approval of the Planning Director, based upon a request from the propel
owner accompanied by a report from a qualified arboristhotanist indicating the need
remove specified trees and/or plants because of disease or impending danger to adjact
habitable dwelling units. For areas containing native vegetation the report required
accompany the request shall be prepared by a qualified biologist.
Housing
20. At issuance of building permits, the Developer shall pay to the City an inclusion2
housing impact fee as an individual fee on a per market rate dwelling unit basis in t
amount in effect at the time, as established by City Council Resolution from time to tim i
Notice
~ 21. The Developer shall report, in writing, to the Planing Director within 30 days, any add:
change from that which is shown on the permit application.
22. Prior to the issuance of the building permit, or approval of the adjustment plat, whichf
occurs first, Developer shall submit to the City a Notice of Restriction to be filed in
office of the County Recorder, subject to the satisfaction of .the Planning Direc
notifying all interested parties and successors in interest that the City of Carlsbad
issued a Coastal Development Permit and Hillside Development Permit by Resoluti
No. 4673 and 4674 on the property owned by the Developer. Said Notice of Restric
shall note the property description, location of the file containing complete project del
and all conditions of approval as well as any conditions of restrictions specified
inclusion in the Notice Restriction. The Planning Director has the authority to execute
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record an amendment to the notice which modifies or terminates said notice up01
showing of good cause by the Developer or successor in interest.
EnPineerins
Unless specifically stated in the condition, all of the following Engineering conditions, upon t
approval of this coastal development permit and hllside development permit, must be met pri
to recordation of the lot line adjustment.
23. Developer shall comply with the requirements of the City’s anti-graffiti program for w
treatments if and when such a program is formerly established by the City.
24. Prior to hauling dirt or construction materials to or from any proposed construction s
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 a
requirements the City Engineer may impose with regards to the hauling operation.
25. Rain gutters must be provided to convey roof drainage to an approved drainage course
the satisfaction of the City Engineer. The rain gutters for the house proposed
Parcel “A” shall be designed to convey drainage to the pad’s drain inlet and ener
dissipater.
FeedAFreements
26. The developer shall pay all current fees and deposits required.
27. The owner of the subject property shall execute an agreement for parcel “A” and “1
holding the City harmless regarding drainage across adjacent properties.
28. The owner shall enter into a lien contract for the future public improvement along t
project frontage for a half street width of thirty feet on Pi0 Pic0 Dr. and the future ro
located along the south side of Parcel A and B. Public improvements shall include, 1
not be limited to, paving, base, sidewalks, curbs and gutter, grading, pavement remov
undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights a
retaining walls. Two separate agreements shall be processed: one for Parcel ‘‘A” a
the other for Parcel “B”. The agreements must be recorded on the property prior
issuance of a building permit.
29. The owner shall give written consent to the annexation of the area shown within 1
boundaries of the subdivision plan into the existing City of Carlsbad Street Lighting a
Landscaping District No. 1 on a form provided by the City.
30. The owner shall execute a hold harmless agreement for geologic failure for Parcel “A”
Grading
31. Based upon a review of the proposed grading and the grading quantities shown on
constraints map, a grading permit for this project appears to be required. The develo]
must submit and receive approval for grading plans in accordance with city codes s
PC RES0 NO. 4673 -7-
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standards prior to issuance of a building permit for the project.
32. No grading for private improvements shall occur outside the limits of the project unles!
grading or slope easement or agreement is obtained from the owners of the affect
properties and recorded. If the developer is unable to obtain the grading or slo
easement, or agreement, no grading permit will be issued. In that case the developer mi
either amend the site pldconstraints map or modify the plans so grading will not occ
outside the project site in a manner which substantially conforms to the approved s
pldconstraints map as determined by the City Engineer and Planning Director.
Dedications/Improvements
33. The owner shall make an irrevocable offer of dedication to the City for all public stre
and easements required by these conditions or shown on the site plan. All land so offer
shall be granted to the City free and clear of all liens and encumbrances and without c1
to the City. Streets that are already public are not required to be rededicated. The 10 fc
wide portion of the public street and utility easement fronting Pi0 Pic0 Drive
shown on the constraints map shall be offered for dedication and accepted by t
City Engineer. The remaining portion of the public street and utility easemt
extending approximately 520 feet westward of Pi0 Pic0 Drive along the south side
Parcel “A” and “B” shall be offered for dedication and rejected by the C
Engineer.
34. Additional drainage easements may be required. Drainage structures shall be provided
installed prior to or concurrent with any grading or building permit as may be required
the City Engineer.
35. Developer shall waive direct access rights to Jefferson Street by separate deed documc
recorded on Parcel “A”.
36. Developer shall execute and record a quitclaim of the existing access easement 07
assessor’s parcel number 156-351-05 by separate deed document for Parcel “B”.
37. Prior to the issuance of building permit, the Developer shall execute and recorc
covenant of easement for a six foot wide private utility easement over Parcel “B” :
the benefit of Parcel “A” as shown on the constraints map, Exhibit “A”.
38. Developer shall execute and record an irrevocable offer of dedication of a put
sewer and drainage easement by separate deed across all of Parcel “A”, (excludi
the building pad as shown on the constraints map, Exhibit “A”), which will
rejected by the City Engineer at this time.
Water
39. The developer shall install a private pumped sewer service system from
residence to the existing public sewer in Pi0 Pic0 Drive. The private pumped seF
system shall be within a private sewer easement held for the specific use of the n
residence. The sewer lateral shall be constructed in accordance with CM\:
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standard specifications and drawings to the satisfaction of the Deputy Ci
Engineer.
3 40. The developer shall install a private "dry" gravity sewer pipe lateral to t'
property's southern boundary to serve as a future connection to a future pub
built by the developer shall be responsible to connect the ''dry" sewer pipe lateral
the future public sewer and abandon the private pumped sewer service system.
4 sewer. When the future public sewer is constructed the owner of the residence beil
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6 41. The developer shall construct the water service line to the residence within a priva
7 easement held exclusively for the use of the residence being built by the developer.
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42. The private easements for the pumped sewer service system and the water servi
may be combined into one easement containing both the pumped sewer servi
system and the water service.
43. All potable water and recycled water meters shall be placed within public right
way.
Code Reminders:
13 44. The Developer shall be responsible for all fees, deposits and charges which will
County Water Authority capacity charge will be collected at issuance of application 1 14 collected before and/or at the time of issuance of the building permit. The San Die
15 any meter installation.
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45. Developer shall pay the License Tax on new construction imposed by Carlsbad Municil
Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywide Pub
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 applical
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All su
taxedfees shall be paid at issuance of building permit. If the taxedfees and not paid, tl
approval will not be consistent with the General Plan and shall become void.
46. This approval shall become null and void if building permits are not issued for tl
project within 2 years from the date of project approval.
47. Approval of this request shall not excuse compliance with all applicable sections of 1
Zoning Ordinance and all other applicable City ordinances in effect at the time
building permit issuance, except as otherwise specifically provided herein.
48. Addresses, approved by the Building Official, shall be placed on all new and existi
buildings so as to be plainly visible from the street or access road; color of identificatj
and/or addresses shall contrast to their background color, as required by Carlsk
Municipal Code Section 18.04.320.
27 49. The developer shall exercise special care during the construction phase of this project
28 prevent off-site siltation. Planting and erosion control shall be provided in accordaI
with the Carlsbad Municipal Code and the City Engineer.
PC RES0 NO. 4673 -9-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fel
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions.
you protest them, you must follow the protest procedure set forth in Government Code Secti
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 tirnc
follow that procedure will bar any subsequent legal action to attack, review, set aside, void,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactic
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannir
zoning, grading or other similar application processing or service fees in connection with tl:
project; NOR DOES IT APPLY to any feedexactions of which you have previously been giv
a NOTICE similar to this, or as to which the statute of limitations has previously othenvj
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planni
Commission of the City of Carlsbad, California, held on the 1st day of December, 1999, by t
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Segall, Trigas, and Welshons
NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
CAFUSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4673 -10-