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HomeMy WebLinkAbout2001-01-03; Planning Commission; Resolution 49031 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. 4903 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 00-50 ON PROPERTY GENERALLY LOCATED AT 3075 OCEAN STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: QUIRK RESIDENCE CASE NO.: CDP 00-50 WHEREAS, Thoryk Architecture, “Developer,” has tiled a verified application with the City of Carlsbad regarding property owned by Edward and Maria Quirk, “Owner,” I described as I That portion of the Town of Carlsbad, County of San Diego, State of California, according to map thereof No. 365, filed in the office of the County Recorder of San Diego County, on February 2,1887. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “I” dated January 3, 2001, on tile in the Planning Department, QUIRK RESIDENCE - CDP 00-50 as provided by Chapter 2 1.201.040 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 the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A> W That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES QUIRK RESIDENCE - CDP 00-50 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 Findinas: 1. 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 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 the 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. 2. 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. The site is not located in an area prone to landslides or susceptible to accelerated erosion, floods, or liquefaction. The existing slopes do not support any endangered plant/animal species and/or coastal sage scrub and chaparral plant communities and therefore are not considered dual criteria slopes. The development of steep slopes is permitted in that: A. B. C. D. E. F. A geotechnical analysis of the site was prepared. The analysis concluded that the proposed development would have a useful life of at least 75 years and that the development would have no adverse effect on the stability of the coastal slope. No grading permit is required for this project. The subject site is presently developed with a residential structure. The proposed slope disturbance will not damage or alter major wildlife or native vegetation since the site is an intill site containing no native vegetation. Review of the site has concluded that that site contains no habitat or wildlife and that no environmental impacts will result from the project. Development of the slope is essential to the development of the site since the steep slopes are located in the middle of the property less than 45’ from the eastern property line. The project site is not predominated by steep slopes and the site does not serve as a wildlife corridor. 3. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that adequate vertical public access exists within 340 feet of the property and the subject property was not identified as a potential lot for future additional public access to the shoreline in the Local Coastal Program. 4. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that vertical access exists within 340’ of the project. The site is not now, and has not historically, been used for vertical access. No vertical access is warranted for this development based upon the ordinance criteria. A geotechnical analysis of the project site was prepared. PC RESO NO. 4903 -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 5. 6. 7. 8. The analysis concluded that the proposed development will have a useful life of at least 75 years and that the development will have no adverse effects on the stability of the coastal slope. The proposed residential structure has been designed with attractive architectural features which will be compatible with the surrounding development and natural environment. The building has been designed with a one- story element along Ocean Street and the structure has been designed to step-down the hillside consistent with this requirement. Grading is minimal, with no grading permit required. The project adheres to all coastal “stringline” setback requirements for the placement of structures, decks/balconies, fences and pool/spas. 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) and 15332 (infill development) 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 1 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; tire; 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 of 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). 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: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit. PC RESO NO. 4903 -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 1. 2. 3. 4. 5. 6. 7. 8. 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, 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 submit to the Planning Department a reproducible 24” x 36”, mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. 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 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. PC RESO NO. 4903 -4- 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 10. 11. 12. 13. 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 This approval is granted subject to the approval of V 00-401 and is subject to all conditions contained in Planning Commission Resolution No. 4904 for that other approval. 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. The 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. on the property owned by the Developer. 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 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. 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. Engineering: 14. 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. 15. 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. 16. Developer shall cause property owner to enter into a “Neighborhood Improvement Agreement” with the City for the future public improvement of paving, base, sidewalks, curbs and gutters, undergrounding or relocation of utilities, and street lights prior to the issuance of building permit. Code Reminders: 17. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by PC RESO NO. 4903 -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 -. Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 18. 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 specifically provided herein. 19. 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. 4903 -6- 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 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 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, Compas, Heineman, L’Heureux, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: L- CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC WSO NO. 4903 -7-