HomeMy WebLinkAbout1999-12-15; Planning Commission; Resolution 46840 0
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PLANNING COMMISSION RESOLUTION NO. 4684
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY LOCATED AT 6464 SURFSIDE
LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22.
CASE NAME: WALKER RESIDENCE
CASE NO.: CDP 99-42
WHEREAS, Gwen & William Walker, “Developer”/”Owner”, has file(
COASTAL DEVELOPMENT PERMIT CDP 99-42 ON
verified application with the City of Carlsbad regarding property described as
Lot 18 in Block 23 of the La Costa Downs, Unit No. 1,
according to the map thereof No. 2013
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coas
Development Permit as shown on Exhibits “A” - “D” dated December 15, 1999, on file in
Planning Department, WALKER RESIDENCE, CDP 99-42 as provided by Chap
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of December 191
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 fact(
relating to CDP 99-42.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni
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 Commissil
APPROVES WALKER RESIDENCE, CDP 99-42 based on the followi
findings and subject to the following conditions:
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Findinps:
1. That the proposed development is in conformance with the Mello I1 segment of
Certified Local Coastal Program and all applicable policies in that the site is design;
for single family residential developments and the development is a single family ho
on a previously subdivided lot; and no agricultural activities, sensitive resour1
geological instability, flood hazard or coastal access opportunities exist on site.
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 of Chaptc
of the Coastal Act in that the property is not located adjacent to the shore. Therefore,
project will not interfere with the public’s right to physical access to the sea and the sit1
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 (single fam
residence not in conjunction with the building of two or more such units) of the st
CEQA Guidelines. In making this determination, the Planning Director has found t:
the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply
this project.
5. The project is consistent with the City-Wide Facilities and Improvements Plan, the LOC
Facilities Management Plan for Zone 22 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collect1
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unifi
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, a
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 will
collected prior to the issuance of building permit.
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d. The Local Facilities Management fee for Zone 22 is required by Carls
Municipal Code Section 21.90.050 and will be collected prior to issuancc
building permit.
6. That this project could have a potentially significant negative cumulative tr
impact on the Palomar Airport Road/El Camino Real intersection. However,
project has agreed to being conditioned to pay its fair share of the “short-t
improvements” thereby, guaranteeing implementation of a mitigation measure
reduces the potential impact to a level of insignificance.
7. The project is not located in the Coastal Agnculture Overlay Zone, according to Map :
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 Zo
Ordinance).
8. 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 Ovel
Zone (Chapter 21.204 of the Zoning Ordinance).
12 9. The Planning Commission has reviewed each of the exactions imposed on the Develoj
to mitigate impacts caused by or reasonably related to the project, and the extent and 13 contained in this resolution, and hereby finds, in this case, that the exactions are impo:
14 degree of the exaction is in rough proportionality to the impact caused by the project.
15 Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to buildj
permit.
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 modi@ all approvals herein granted; deny or firther condition issuance of
future building permits; deny, revoke or further condition all certificates of occupar
issued under the authority of approvals herein granted; institute and prosecute litigation
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 mi
them internally consistent and in conformity with the final action on the proje
Development shall occur substantially as shown on the approved Exhibits. Any propos
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 101
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the paymc
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Projr
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are challenged, this approval shall be suspended as provided in Government Code Sec
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 1
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, dire1
or indirectly, from (a) City’s approval and issuance of this Coastal Development Per1
(b) City’s approval or issuance of any pemit 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 fi-om the emission by
facility of electromagnetic fields or other energy waves or emissions.
6. Prior to the issuance of a building permit, the Developer shall provide proof to
Director from the School District that this project has satisfied its obligation to pro\
school facilities.
7. This project shall comply with all conditions and mitigation measures which are requi
as part of the Zone 22 Local Facilities Management Plan and any amendments made
that Plan prior to the issuance of building permits.
8. Building permits will not be issued for this project unless the local agency provid
water and sewer services to the project provides written certification to the City 1
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 i
facilities will continue to be available until the time of occupancy.
9. The applicant shall apply for and be issued building permits for this project within t
(2) years of approval or this coastal development permit will expire unless extended 1
Section 21.201.21 0 of the Zoning Ordinance.
10. 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. 4681
the property owned by the Developer. Said Notice of Restriction shall note the prop
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 NG
Restriction. The Planning Director has the authority to execute and record an amendn
to the notice which modifies or terminates said notice upon a showing of good cause
the Developer or successor in interest.
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11. The Developer shall pay his fair share for the “short-term improvements” to thc
Camino ReaVPalomar Airport Road intersection prior to or the issuance a
building permit, whichever occurs first. The amount shall be determined by
methodology ultimately selected by Council, including but not limited to, an incn
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in the city-wide traffic impact fee; an increased or new Zone 22 LFMP fee
creation of a fee or assessment district; or incorporation into a Mello-Roos tz
district.
12. At issuance of building permits, or prior to the approval of a final map andor issuan
certificate of compliance for the conversion of existing apartments to air+
condominiums, the Developer shall pay to the City an inclusionary housing impact f
an individual fee on a per market rate dwelling unit basis in the amount in effect a
time, as established by City Council Resolution from time to time.
13. If any of the foregoing conditions fail to occur; or if they are, by their terms, t
implemented and maintained over time, if any of such conditions fail to b
implemented and maintained according to their terms, the City shall have the rig
revoke or mo&@ all approvals herein granted; deny or further condition issuance (
future building permits; deny, revoke or further condition all certificates of occup'
issued under the authority of approvals herein granted; institute and prosecute litigatic
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 approv
this Coastal Development Permit.
14. I Prior to the issuance of a building permit, the owner shall submit an acous
analysis which demonstrates that the architectural plans comply with the Stal
California interior noise standard of 45 dBA CNEL. The architectural plans I
incorporate any additional measures (thicker glazing, sound absorption mate
shielding of vents, or artificial circulation system) to attenuate the noise to
acceptable level. Where windows are required to be unopenable or kept closec
order to meet the interior noise standards, mechanical ventilation and coolin1
necessary, shall be provided to maintain a habitable environment. The system s
supply two air changes per hour to each habitable room including 20% (one-fi
fresh make-up air obtained directly from the outdoors. The fresh air inlet duct s
be of sound attenuating construction and shall consist of a minimum of ten fee
straight or curved duct or six feet plus one sharp 90 degree bend.
15. The owner shall prepare and record a notice that this property may be subjec
impacts from Carlsbad Boulevard, the Atchison, Topeka and Santa Fe Railroad
the McClellan Palomar Airport in a manner meeting the approval of the Planr
Director and City Attorney.
16. Lots located in the La Costa Downs Subdivision may be subject to possible odor imp
from the Encina Sewer Plant. Accordingly, the following disclosure shall be made: F
to the issuance of a building permit, the owner shall prepare and record a notice that
property may be subject to odor impacts from the Encina Sewer Plant in a manner mee
the approval of the Planning Director and City Attorney.
17. The owner shall prepare and record a notice that this property may be subjec
noise and traffic impacts from the commuter rail station in a manner meeting
approval of the Planning Director and City Attorney.
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Enpineering
18. Developer shall comply with the requirements of the City’s anti-graffiti program for
treatments if and when such a program is formerly established by the City.
19. Prior to hauling dirt or construction materials to or fiom any proposed construction
within this project, the developer shall submit to and receive approval fiom the
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.
20. The property owner shall pay a one-time special development tax in accordance with
Council Resolution No. 9 1-39.
2 1. The developer shall pay all current fees and deposits required.
22. The owner of the subject property shall execute an agreement holding the City ham
regarding drainage across the adjacent property.
Code Reminders
23. Developer shall pay the License Tax on new construction imposed by Carlsbad Munic
Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywide PI
Facilities Fee imposed by City Council Policy #17, subject to any credits authorizec
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applic,
Local Facilities Management Plan fee for Zone 22, pursuant to Chapter 21.90. All s
taxedfees shall be paid at issuance of building permit. If the taxedfees and not paid,
approval will not be consistent with the General Plan and shall become void.
24. Approval of this request shall not excuse compliance with all applicable sections of
Zoning Ordinance and all other applicable City ordinances in effect at time of builc
permit issuance, except as otherwise specifically provided herein.
25. This approval shall become null and void if building permits are not issued for this prc
I within 18 months fiom the date of project approval.
26. Addresses, approved by the Building Official, shall be placed on all new and exisl
buildings so as to be plainly visible from the street or access road; color of identifica
and/or addresses shall contrast to their background color, as required by Carls
I I Municipal Code Section 18.04.320.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedicatic
reservations, or other exactions hereafter collectively referred to for convenience
“feeslexactions.”
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You have 90 days from the date of final approval to protest imposition of these feedexactior
you protest them, you must follow the protest procedure set forth in Government Code Se
66020(a), and file the protest and any other required information with the City Managc
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to ti
follow that procedure will bar any subsequent legal action to attack, review, set aside, voi
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexac
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plan
zoning, grading or other similar application processing or service fees in connection witk
project; NOR DOES IT APPLY to any feedexactions of which you have previously been gi
NOTICE similar to this, or as to which the statute of limitations has previously otherwise expj
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planr
Commission of the City of Carlsbad, California, held on the 15th day of December 1999, by
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
- COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
8
Planning Director
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