HomeMy WebLinkAbout2001-01-03; Planning Commission; Resolution 48951
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PLANNING COMMISSION RESOLUTION NO. 4895
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 00-34 ON
PROPERTY GENERALLY LOCATED ALONG THE EAST
SIDE OF FRANCISCAN ROAD SOUTH OF ISLAND WAY IN
LOCAL FACILITIES MANAGEMENT ZONE 22.
CASE NAME: VALLONE RESIDENCE
CASE NO.: CDP 00-34
WHEREAS, Ken Vallone, “Developer/Owner,” has tiled a verified application
with the City of Carlsbad regarding property described as
Lot 3 in Block 22, La Costa Downs Unit No. 1, in the City of
Carlsbad, County of San Diego, State of California, as shown
on map thereof No. 2013, filed in the office of the County
Recorder of San Diego County, on April 6,1927.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “C” dated January 3, 2001, on tile in the
Planning Department, VALLONE RESIDENCE - CDP 00-34 as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of January 2001,
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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to CDP 00-34.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES VALLONE RESIDENCE - CDP 00-34 based on the following
findings and subject to the following conditions:
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Findinps:
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That the proposed development is in conformance with the Mello II segment of the
Certified Local Coastal Program and all applicable policies in that the site is designated
for single-family residential developments and the development is a single-family
house on a previously subdivided lot; no agricultural activities, sensitive resources,
geological instability, flood hazard or coastal access opportunities exist on site and
the development does not obstruct views of the coastline as seen from public lands
or public right-of-way or otherwise damage the visual beauty of the coastal zone.
The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will
adhere to the City’s Master Drainage and Storm Water Quality Management Plan
and Grading Ordinance to avoid increased runoff and soil erosion, no steep slopes
or native vegetation is located on the subject property and the site is not located in
an area prone to landslides, or susceptible to accelerated erosion, floods or
liquefaction.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the property is not located adjacent to the shore. Therefore, the
project will not interfere with the public’s right to physical access to the sea and the site is
not suited for water-oriented recreational activities.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303 (single-family
residence in an urbanized area) of the state CEQA Guidelines. In making this
determination, the Planning Director has found that the exceptions listed in Section
15300.2 of the state CEQA Guidelines do not apply to this project.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
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 collection
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 Unified
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 be
collected prior to the issuance of building permit.
The project is not located in the Coastal Agriculture Overlay Zone, according to Map X 0,
the Land Use Plan, certified September 1990 and, therefore, is not subject to the
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).
PC RESO NO. 4895 -2-
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7. The project is not located between the sea and the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance).
8. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note
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Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Coastal Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Coastal Development Permit,
(b) City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
PC PESO NO. 4895 -3-
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including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
The developer shall provide proof to the Director from the Carlsbad Unified School
District that this project has satisfied its obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 22 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 ofthe Zoning Ordinance.
The developer shall submit to the City a Notice of Restriction to be tiled in the office of
the County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Coastal
Development Permit by Resolution No. 4895 on the property owned by the Developer.
Said Notice of Restriction shall note the property description, location of the tile
containing complete project details and all conditions of approval as well as any
conditions of restrictions specified for inclusion in the Notice Restriction. The Planning
Director has the authority to execute and record an amendment to the notice which
modifies or terminates said notice upon a showing of good cause by the Developer or
successor in interest.
At issuance of building permits, the Developer shall pay to the City an inclusionary
housing impact fee as an individual fee on a per market rate dwelling unit basis in the
amount in effect at the time, as established by City Council Resolution from time to time.
As required by the La Costa Downs Specific Plan (SP 201), developer shall submit an
acoustical analysis which demonstrates that the architectural plans comply with the
State of California interior noise standard of 45 dBA CNEL. The architectural plans
shall incorporate any additional measures (thicker glazing, sound absorption
material, shielding of vents, or artificial circulation system) to attenuate the noise to
an acceptable level. Where windows are required to be unopened or kept closed in
order to meet the interior noise standards, mechanical ventilation and cooling, if
necessary, shall be provided to maintain a habitable environment. The system shall
supply two air changes per hour to each habitable room including 20% (one-fifth)
fresh makeup air obtained directly from the outdoors. The fresh air inlet duct shall
be of sound attenuating construction and shall consist of a minimum of ten feet of
straight or curved duct or six feet plus one sharp 90-degree bend.
As required by the La Costa Downs Specific Plan (SP 201), the owner shall prepare
and record a notice that this property may be subject to impacts from Carlsbad
PC RESO NO. 4895 -4-
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Boulevard, the Atcbison, Topeka and Santa Fe Railroad and the McClellan Palomar
Airport in a manner meeting the approval of the Planning Director and City
Attorney.
14. As required by the La Costa Downs Specific Plan (SP 201), lots located in the La Costa
Downs Subdivision may be subject to possible odor impacts from the Encina Sewer Plant.
Accordingly, the following disclosure shall be made: Prior to the issuance of a building
permit, the owner shall prepare and record a notice that this property may be subject tc
odor impacts from the Encina Sewer Plant in a manner meeting the approval of the
Planning Director and City Attorney.
15. As required by the La Costa Downs Specific Plan (SP 201), the owner shall prepare
and record a notice that this property may be subject to noise and traffic impacts
from the commuter rail station in a manner meeting the approval of the Planning
Director and City Attorney.
Enpineering
16. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
17. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
18. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
Fees/Agreements
19. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
20. Prior to approval of any grading or building permits for this project, Developer
shall cause Owner to give written consent to the City Engineer to the annexation of
the area shown within the boundaries of the subdivision into the existing City of
Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the
City Engineer.
Water/Sewer
21. This project is approved upon the expressed condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy.
PC PESO NO. 4895
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22. Prior to issuance of building permits, Developer shall pay fees, deposits, and charges for
connection to public facilities.
Code Reminders
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Developer shall pay the License Tax on new construction imposed by Carlsbad Municipal
Code Section 5.09.030, and CFD #l special tax (if applicable), and the Citywide Public
Facilities Fee imposed by City Council Policy #17, subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 22, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this
approval will not be consistent with the General Plan and shall become void.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
Addresses, approved by the Building Official, shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of identification
and/or addresses shall contrast to their background color, as required by Carlsbad
Municipal Code Section 18.04.320.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and tile the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PC RESO NO. 4895 -6.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of January 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compaq Heineman,
L’Heureux, Nielsen, and Trigas
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H&?ZMItiER
Planning Director
PC RBSO NO. 4895 -7-