HomeMy WebLinkAbout2004-04-07; Planning Commission; Resolution 55881
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
PLANNING COMMISSION RESOLUTION NO. 5588
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
GENERALLY LOCATED ON THE EAST SIDE OF SURFSIDE
LANE SOUTH OF ISLAND WAY IN LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: BERRY RESIDENCE
DEVELOPMENT PERMIT CDP 03-46 ON PROPERTY
CASE NO.: CDP 03-46
WHEREAS, Roger Berry, “Developer/Owner,” has filed a verified application
with the City of Carlsbad regarding property described as
Lot 15, Block 23, 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
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - (‘E” dated April 7, 2004, on file in the
Planning Department, BERRY RESIDENCE - CDP 03-46 as provided by Chapter 21.201.040
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of April 2004, 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 the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 Commission
APPROVES BERRY RESIDENCE - CDP 03-46 based on the following
findings and subject to the following conditions:
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
Findings :
1.
2.
3.
4.
5.
6.
7.
That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the project site is designated for single-
family residential development, and the development consists of one single-family
residence; the development does not obstruct views of the coastline as seen from
public lands or public rights-of-way or otherwise damage the visual beauty of the
coastal zone; and no agricultural activities, sensitive resources, geological instability
or coastal access opportunities exist on the previously graded and subdivided site.
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 Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management
Program (JURMP) to avoid increased urban run off, pollutants 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 project is not located between the sea the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapters 21.204 of the Zoning Ordinance).
The project is not located in the Coastal Agriculture Overlay Zone, according to Map X
of the Land Use Plan, certified September 1990 and, therefore, is not subjected to the
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that there is existing development surrounding the project site
and there are no public recreation or access opportunities for this property.
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.
PC RES0 NO. 5588 -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
A. The project has been conditioned to provide proof fiom the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
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.
B.
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:
1.
2.
3.
4.
5.
Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
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 hrther 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.
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.
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, fiom (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-
PC RES0 NO. 5588 -3-
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
6.
7.
8.
9.
10.
11.
12.
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising fiom the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
Prior to the issuance of a building permit, 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, including, but not limited to the
following:
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
Engineer 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.
Prior to the issuance of a building permit, Developer shall submit to the City a Notice of
Restriction to be filed 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. 5588 on
the property. Said Notice of Restriction shall note the property description, location of
the file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of 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.
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 of the Zoning Ordinance.
Prior to the 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 amended by City Council Resolution from
time to time.
Prior to the issuance of building permits, the Developer shall submit an acoustical
analysis which demonstrates that the architectural plans comply with the State of
California interior noise standard of 45 dE3A 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
PC RES0 NO. 5588 -4-
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
13.
14.
15.
16.
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 make-up 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.
Prior to the issuance of building permits, the Developer shall prepare and record a notice
that this property may be subject to noise impacts from Carlsbad Boulevard, San Diego
Northern Railroad, and the McClellan Palomar Airport in a manner meeting the approval
of the Planning Director and City Attorney.
Prior to the issuance of building permits, the Developer 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.
Developer shall pay the License Tax on new construction imposed by Carlsbad Municipal
Code Section 5.09.030, and CFD #1 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 taxedfees and not paid, this
approval will not be consistent with the General Plan and shall become void.
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 to odor impacts from the Encina Sewer Plant in a manner
meeting the approval of the Planning Director and City Attorney.
En pineering
General
17. 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.
18. 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.
FeedAgreements
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.
PC RES0 NO. 5588 -5-
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
20. Prior to approval of 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 and/or to the formation or annexation into an additional
Street Lighting and Landscaping District. Said written consent shall be on a form
provided by the City Engineer.
Grading
21.
22.
23.
No grading for private improvements shall occur outside the limits of this approval unless
Developer obtains, records and submits a recorded copy to the City Engineer a grading or
slope easement or agreement from the owners of the affected properties. If Developer is
unable to obtain the grading or slope easement, or agreement, no grading permit will be
issued. In that case Developer must either apply for and obtain an amendment of this
approval or modify the plans so grading will not occur outside the project and apply for
and obtain a finding of substantial conformance fiom both the City Engineer and
Planning Director.
All grading activities shall be planned in units that can be completed by October 1st.
Grading activities shall be limited to the “dry season,” April 1st to October 1st of each
year. Grading activities may be extended to November 15th and beyond upon written
approval of the City Engineer, obtained in advance, and only if all erosion control
measures are in place by October 1 st.
Developer shall depict all proposed erosion control protection measures on the
building site plan to ensure that no offsite siltation occurs as a result of this project.
Developer is responsible to install and maintain erosion control devices to the
satisfaction of the City.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
24. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
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.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
25.
26.
...
PC RES0 NO. 5588 -6-
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
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 file 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 feedexactions
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 feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of April 2004, by the
following vote, to wit:
AYES: Vice-Chairperson Whitton, Commissioners Dominguez,
Heineman, Montgomery, and Segall
NOES: None
ABSENT: Commissioners Baker and White
ABSTAIN: None
/FRANK WHITTON, Vice-Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5588 -7-