HomeMy WebLinkAbout2000-04-19; Planning Commission; Resolution 4758e e
1 II PLANNING COMMISSION RESOLUTION NO. 4758
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY LOCATED AT 6453 FRANCISCAN
ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 22.
CASE NAME: WHITE RESIDENCE
CASE NO. : CDP 99-58
COASTAL DEVELOPMENT PERMIT CDP 99-58 ON
7 WHEREAS, Maxwell Wuthrich, “Developer”, has filed a verified applicati *
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with the City of Carlsbad regarding property owned by Tommy B. White, “Owner”, descril
as
Lot 1 in Block 23 of La Costa Downs, Unit No. 1, according to
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l2 (“the Property”); and
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17 Carlsbad Municipal Code; and
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a duly noticed public hearing as prescribed by law to consider said request; and l9
WHEREAS, the Planning Commission did, on the 19th day of April 2000, hc
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WHEREAS, said verified application constitutes a request for a Coas
Development Permit as shown on Exhibit “A” dated April 19, 2000, on file in the Plannl
Department, WHITE RESIDENCE, CDP 99-58 as provided by Chapter 21.201.040 of t
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
23 // relating to the CDP 99-58.
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25 Commission of the City of Carlsbad as follows:
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commissi
APPROVES WHITE RESIDENCE, CDP 99-58 based on the followi
findings and subject to the following conditions:
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' // FindinPs:
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1.
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3.
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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 design2
for single family residential developments and the development is a single family ho
on a previously subdivided lot; no agricultural activities, sensitive resour1
geological instability, flood hazard or coastal access opportunities exist on site z
the development does not obstruct views of the coastline as seen from public la1
or the public right- of- way.
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 slol
or native vegetation are located on the subject property and the site is not located
an area prone to landslides, or susceptible to accelerated erosion, floods
liquefaction.
The proposal is in conformity with the public access and recreation policies of Chapte
of the Coastal Act in that the property is not located between the first public road and
ocean. Therefore, the project will not interfere with the public's right to physical accl
to the sea and, due to its location, the site is not suited for water-oriented recreatio:
activities.
4. That the Planning Director has determined that the project belongs to a class of proje
that the State Secretary for Resources has found do not have a significant impact on 1
environment, and it is therefore categorically exempt from the requirement for 1
preparation of environmental documents pursuant to Section 15303 (single fam
residence in an urbanized area) of the state CEQA Guidelines. In making t
determination, the Planning Director has found that the exceptions listed in Secti
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 22 and all City public facility policies a
ordinances. The project includes elements or has been conditioned to construct
provide Eunding to ensure that all facilities and improvements regarding: sewer collecti
and treatment; water; drainage; circulation; fire; schools; parks and other recreatiol
facilities; libraries; government administrative facilities; and open space, related to f
project will be installed to serve new development prior to or concurrent with nec
Specifically,
A. The project has been conditioned to provide proof from the Carlsbad Unific
School District that the project has satisfied its obligation for school facilities.
B. The Public Facility fee is required to be paid by Council Policy No. 17 and will '
collected prior to the issuance of building permit.
28 C. The Local Facilities Management fee for Zone 22 is required by Carlsb
building permit.
Municipal Code section 21.90.050 and will be collected prior to issuance of t
PC RES0 NO. 4758 -2-
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6. The project is not located in the Coastal Agriculture Overlay Zone, according to I
X of the Land Use Plan, certified September 1990 and, therefore, is not subject tc
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the ZOI
Ordinance).
7. The project is not located between the sea and the first public road parallel to thr
and, therefore, is not subject to the provisions of the Coastal Shoreline Developr
Overlay Zone (Chapter 21.204 of the Zoning Ordinance).
8. The Planning Commission has reviewed each of the exactions imposed on the Deveb
contained in this resolution, and hereby finds, in this case, that the exactions are impc
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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to build
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 righl
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 litigation
compel their compliance with said conditions or seek damages for their violation. y
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 projr
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 lo
ordinances in effect at the time of building permit issuance.
1 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 Projl
are challenged, this approval shall be suspended as provided in Government Code Secti
66020. If any such condition is determined to be invalid this approval shall be inva
unless the City Council determines that the project without the condition complies w
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemniQ, protect, defend a
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, a
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
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(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 her(
including without limitation, any and all liabilities arising from the emission by
facility of electromagnetic fields or other energy waves or emissions.
6. Developer shall provide proof to the Director from the School District that this pro:
has satisfied its obligation to provide school facilities.
6 7. This project shall comply with all conditions and mitigation measures which are requi
7 as part of the Zone 22 Local Facilities Management Plan and any amendments madc
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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 t
time of the application for the building permit, and that water and sewer capacity :
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facilities will continue to be available until the time of occupancy. 11
adequate water service and sewer facilities, respectively, are available to the project at
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9. The applicant shall apply for and be issued building permits for this project within twc
years of approval or this coastal development permit will expire unless extended
Section 2 1.20 1.2 10 of the Zoning Ordinance.
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10. Developer shall submit to the City a Notice of Restriction to be filed in the office of
County Recorder, subject to the satisfaction of the Planning Director, notifying
interested parties and successors in interest that the City of Carlsbad has issued a Coal
Development Permit by Resolution No. 4758 on the property owned by the Develo:
Said Notice of Restriction shall note the property description, location of the
containing complete project details and all conditions of approval as well as
conditions of restrictions specified for inclusion in the Notice Restriction. The Planr
Director has the authority to execute and record an amendment to the notice wl
modifies or terminates said notice upon a showing of good cause by the Develope]
successor in interest.
21 11. 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
22 amount in effect at the time, as established by City Council Resolution from time to tim
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Developer shall submit an acoustical analysis which demonstrates that
architectural plans comply with the State of California interior noise standard of
dBA CNEL. The architectural plans shall incorporate any additional measures
thicker glazing, sound absorption material, shielding of vents, or artificial circulat
system) to attenuate the noise to an acceptable level. Where windows are require(
be unopenable or kept closed in order to meet the interior noise standar
mechanical ventilation and cooling, if necessary, shall be provided to maintaiI
habitable environment. The system shall supply two air changes per hour to e;
habitable room including 20% (one-fifth) fresh make-up air obtained directly fr
the outdoors. The fresh air inlet duct shall be of sound attenuating construction a
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shall consist of a minimum of ten feet of straight or curved duct or six feet plus
sharp 90 degree bend.
13. 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 Plan]
Director and City Attorney.
14. Lots located in the La Costa Downs Subdivision may be subject to possible odor iml
from the Encina Sewer Plant. Accordingly, the following disclosure shall be made: I
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.
15. 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.
Enpineering
16. Prior to approval of any grading or building permits for this project, the owner shall g
written consent to the annexation of the area shown within the boundaries of
subdivision into the existing City of Carlsbad Street Lighting and Landscaping Dist
No. 1 on a form provided by the City.
17. The developer shall cause property owner to execute and submit to the C
Engineer for recordation the City’s standard form Drainage Hold Harm1
Agreement regarding drainage across the adjacent property.
18. The developer shall pay all current fees and deposits required.
Code Reminders
19. 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 Puk
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 22, pursuant to Chapter 21.90. All SI
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.
20. 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 time of buildi
permit issuance, except as otherwise specifically provided herein.
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21. 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 identificati
and/or addresses shall contrast to their background color, as required by Carlst:
Municipal Code Section 18.04.320.
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of f
dedications, reservations, or other exactions hereafter collectively referred to for convenienc
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions.
you protest them, you must follow the protest procedure set forth in Government Code Seci
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.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexacti
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planni
zoning, grading or other similar application processing or service fees in connection with 1
project; NOR DOES IT APPLY to any feedexactions of which you have previously been gi7
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 19th day of April 2000, by
following vote, to wit:
AYES: Chairperson Compas, Commissioners Baker, Heineman,
L’Hemeux, and Nielsen
NOES:
ABSENT: Commissioners Segall and Trigas
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4758 -6-