HomeMy WebLinkAbout2002-02-20; Planning Commission; Resolution 51511
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PLANNING COMMISSION RESOLUTION NO. 5151
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY LOCATED ALONG THE WEST
SIDE OF CARLSBAD BOULEVARD, BETWEEN CEREZO
DRIVE AND SHORE DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME: GOETZ RESIDENCE
CASE NO.: CDP 01-13
WHEREAS, Roy Asaro, “Developer,” has filed a verified application with the
COASTAL DEVELOPMENT PERMIT CDP 01-13 ON
City of Carlsbad regarding property owned by Dean Goetz Trust, “Owner,” described as
Parcel 2 of Parcel Map 18236, City of Carlsbad, County of San
Diego, State of California, filed in the Office of the County
Recorder, County of San Diego, on April 13,1999
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “M” dated February 20, 2002, on file in the
Planning Department, GOETZ RESIDENCE - CDP 01-13 as provided by Chapter 21.201.040
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of February 2002,
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
APPROVED GOETZ RESIDENCE - CDP 01-13 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 I1 segment of th
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; the project conforms to the already
established blufftop setback; no agricultural activities, sensitive resources,
geological instability, flood hazard or coastal access opportunities exist on site; that
buildings, structures and landscaping have been so located as to preserve to the
extent feasible any ocean views from the nearest public street. The project has been
designed with a one-story element on Carlsbad Boulevard and the structure
complies with applicable side yard requirements, which will, to the extent feasible,
preserve existing ocean views from the street, Moreover, unobstructed views from
Carlsbad Boulevard of the ocean exist less than 100 feet south of the project and
extend for at least several thousand feet to the south.
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
development is not located in an area prone to landslides or susceptible to
accelerated erosion, floods, or liquefaction. The existing 25+% slopes do not
support any endangered planuanimal species andor coastal sage scrub and
chaparral plant communities and therefore are not considered dual criteria slopes.
Appropriate findings, included in the staff report, can be made to allow the
development of the 25+% slopes.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that a beach access stairway was previously installed (CDP 98-
05) within 75 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.
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 75’ of the project. Historically, the site has not 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. 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 to conform to the
already established blufftop setback and will be compatible with the surrounding
development and natural environment. Grading has been kept to a minimum,
although a grading permit will be required. The project adheres to all coastal
“stringline” setback requirements for the placement of structures, deckshalconies,
fences and poolhpas.
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 fiom the requirement for the
PC RES0 NO. 5151 -2-
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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.
6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 3 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.
7. 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 tht
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 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: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit or grading permit, whichever occurs first.
1. 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
fbture 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.
2. 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.
PC RES0 NO. 5151 -3-
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3.
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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. 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 3 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 2 1.201.2 10 of the Zoning Ordinance.
The developer shall submit to the City a Notice of Restriction to be filed in the ofice of
the County Recorder, subject to the satisfaction of the Planning Director, notifylng all
interested parties and successors in interest that the City of Carlsbad has issued a Coastal
Development Permit by Resolution No. 5 15 1 on the property owned by the Developer.
Said Notice of Restriction shall note the property description, location of the file
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11.
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containing complete project details and all conditions of approval as well as an^
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 01
successor in interest.
The Developer shall pay to the City an inclusionary housing in-lieu 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 fiom time to time.
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 the proposed or
existing Transportation Corridor, in a form meeting the approval of the Planning
Director and City Attorney.
Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
If a grading permit is required, 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
upon written approval of the City Engineer and only if all erosion control measures are in
place by October 1st.
Enpineering
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed Coastal Development Permit, must be met prior to approval of a
building or grading permit, whichever occurs first.
General
15. Prior to hauling dirt or construction materials to or fkom any proposed construction site
within this project, Developer shall apply for and obtain approval fkom, the City Engineer
for the proposed haul route.
16. 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.
FeedAPreements
17. Prior to the issuance of a building permit for any structures, the developer shall cause
property owner to enter into an encroachment agreement with the City for the existing
non-standardized concrete curb located within the public right-of-way.
Grading
18. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
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grading permit fiom the City Engineer prior to issuance of a building permit for the
project.
Coastal
19. If a Grading Permit is required, 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
upon written approval of the City Engineer, obtained in advance, and only if all erosion
control measures are in place by October 1 st.
Carlsbad Municipal Water District
20. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
21. The Developer shall install the potable water service and meter at a location approved by
the District Engineer. The locations of said services shall be reflected on public
improvement plans.
22. The Developer shall install a sewer lateral and clean-out at a location approved by the
District Engineer. The locations of the sewer lateral shall be reflected on the public
improvement plans.
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 #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 3, pursuant to Chapter 21.90. All such
taxedfees 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 fiom 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.
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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 20th day of February 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Heineman, Segall, White, and
Whitton
NOES:
ABSENT: Commissioner Dominguez
ABSTAIN: None
SEENA TFUGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HmZMwER
Planning Director
PC RES0 NO. 5151 -7-