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HomeMy WebLinkAbout2002-07-17; Planning Commission; Resolution 52181 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. 5218 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: FRYE RESIDENCE CASE NO.: CDP 01-1 1 WHEREAS, Steven T. Ash, “Developer,” has filed a verified application with the COASTAL DEVELOPMENT PERMIT CDP 01-1 1 ON City of Carlsbad regarding property owned by Christopher J. Frye, “Owner,” described as Parcel 3 of Parcel Map No. 18236, City of Carlsbad Minor Subdivision 98-01, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on April 13,1999 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “H” dated July 17, 2002, on file in the Planning Department, FRYE RESIDENCE - CDP 01-11 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of June 2002 and on the 17th day of July 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. 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 B) That based on the evidence presented at the public hearing, the Commission APPROVES FRYE RESIDENCE - CDP 01-11 based on the following findings and subject to the following conditions: FindinPs: 1. That the proposed development is in conformance with the Mello I1 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; the project conforms to the already established blufftop setback; no agricultural activities, sensitive resources, geological instability, or flood hazard exist on site; and coastal access has already been provided with blufftop stairs 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 single-story building edge running the length of the building and the structure complies with applicable side yard and building height requirements, which will, to the extent feasible, preserve existing ocean views from the street. Moreover, unobstructed views from Carlsbad Boulevard of the ocean exist immediately to the south of the project and extend for at least several thousand feet. 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 Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JUMP) to avoid increased urban runoff, pollutants 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 planvanimal species and/or 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. 3. 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) on the subject property as it was identified for 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 was previously obtained with the underlying parcel map (MS 98-01) and exists on the site for public access. 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. PC RES0 NO. 5218 -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. 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. 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 fhding 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 oi 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). 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 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. PC RES0 NO. 5218 -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 2. 3. 4. 5. 6. 7. 8. 9. 10 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. 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 24 months 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 office oj the County Recorder, subject to the satisfaction of the Planning Director, notifying all PC RES0 NO. 5218 -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 11. 12. 13. 14. interested parties and successors in interest that the City of Carlsbad has issued a Coastal Development Permit by Resolution No. 5218 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 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 from 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. Prior to any landscape work within the 10 foot beach access easement, the applicant shall apply for and obtain Planning Director approval of a Landscape and Irrigation Plan consistent with the City’s Landscape Manual and receive a right-of-way permit from the City Engineer. Enpineerinp Conditions General 15. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval li-om, 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. 17. 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. 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 grading permit from the City Engineer prior to issuance of a building permit for the proj ect . PC RES0 NO. 5218 -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 Coastal Conditions 19. 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 1st. Dedicationsfimmovements 20. 21. 22. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Prior to the issuance of building permits, the property owner shall enter into an encroachment agreement with the City for the concrete curb and removable asphalt pavers located within the public right-of-way. Portland Cement Concrete shall not be used within the public right-of-way. No work shall occur within the 10 foot public beach access easement without first obtaining a right-of-way permit from the City. Unless otherwise permitted by the City Engineer, at no time shall access be completely closed to accommodate work within the easement. Prior to the issuance of a building permit, the property owner shall guarantee private maintenance responsibilities for all facilities within said easement including, but not limited to, landscaping, the walkway, stairs and walls. The property owner shall guarantee said responsibility by recording on the title to the property an amended "Deed of Easement and Agreement to Hold Harmless and Indemnify" to replace the current agreement recorded with the San Diego County Recorder Office DOC #1997-0427136, dated September 3,1997. In addition, Line 3 of the recorded agreement shall be deleted or modified to the satisfaction of the PC RES0 NO. 5218 -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 Planning Director from the amended agreement. WaterISewer 23. 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. 24. 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. 25. 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. 26. This project is approved upon the express 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. Code Reminders 27. 28. 29. . .. . .. ... ... 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 taxedfees 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 Oficial, shall be placed on all new and existing buildings so as to be plainly visible fkom 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. PC RES0 NO. 5218 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of July 2002, by the following vote, to wit: AYES: Chairperson Trigas, Corhnissioners Baker, Dominguez, Heineman, White, and Whitton NOES: None ABSENT: Commissioner Segall ABSTAIN: None CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5218 -8-