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HomeMy WebLinkAbout2000-04-19; Planning Commission; Resolution 4758e e 1 II PLANNING COMMISSION RESOLUTION NO. 4758 2 3 4 5 6 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 * 10 9 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 11 the map thereof No. 2013 l2 (“the Property”); and 13 14 15 16 17 Carlsbad Municipal Code; and 18 21 20 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 22 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. 24 25 Commission of the City of Carlsbad as follows: NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni 26 27 28 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: a 0 ' // FindinPs: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. 2. 3. 25 26 27 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 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 j/ PC RES0 NO. 4758 -3- 0 a 1 2 3 4 5 (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 8 9 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 : 10 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 l2 13 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. 14 15 16 17 18 19 20 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 23 24 25 26 27 28 12. , ~ 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 11 PC RES0 NO. 4758 -4- 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ~ 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. PC RES0 NO. 4758 -5- 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a * 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-