HomeMy WebLinkAbout2002-07-17; Planning Commission; Resolution 52181
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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.
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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-
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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-
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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-
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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 .
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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
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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
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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
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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 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-
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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 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-