HomeMy WebLinkAbout2003-02-05; Planning Commission; Resolution 53571
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PLANNING COMMISSION RESOLUTION NO. 5357
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
CONSTRUCTION OF A SINGLE FAMILY RESIDENCE, ON
PROPERTY GENERALLY LOCATED AT 2649 OCEAN
STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: KKO RESIDENCE
CASE NO.: CDP 02-28
WHEREAS, Frederick Kiko, “Developer”/”Owner,” has filed a verified
DEVELOPMENT PERMIT CDP 02-28 TO ALLOW THE
application with the City of Carlsbad regarding property, described as
Lots 13 and 14 in Block “A” of Hayes Land Company addition
to Carlsbad Map No. 2, in the City of Carlsbad, County of San
Diego, State of California, according to the map thereof No.
1221, filed in the office of the County Recorder of San Diego
County, November 4, 1909, including that portion if any lying
between the above described property and the line of ordinary
high tide of the waters of the pacific Ocean and excepting that
portion, if any, of said lots lying below the line of the ordinary
high tide of the waters of the Pacific Ocean
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A - J” dated February 5, 2003, on file in the
Carlsbad Planning Department, KIKO RESIDENCE - CDP 02-28, as provided by Chapter
21.201 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of February, 2003,
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:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES KIKO RESIDENCE - CDP 02-28, based on the following
findings and subject to the following conditions:
Findinm:
1. That the proposed development is in conformance with the Mello 11 segment of the
Certified Local Coastal Program and all applicable policies in that the development is a
single-family residence on a previously developed 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 21.203 of the Zoning Ordinance) in that the project will adhere to the
City’s Master Drainage Plan, Storm Water Ordinance 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. The development of steep slopes is
permitted in that:
A. A geotechnical analysis of the site was prepared. The analysis concluded subject
area to be stable and grading and development impacts mitigatable for the life of
the structure and that the development would have no adverse effect on the
stability of the coastal slope.
B. Grading of the slope is essential to the development of the site since the steep
slopes are located in the middle of the property.
C. The proposed slope disturbance will not damage or alter major wildlife or native
vegetation since the site is an infill site containing no native vegetation and is
presently developed with a residential structure.
D. Review of the site has concluded that that site contains no habitat or wildlife and
that no environmental impacts will result from the project.
E. 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 400 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.
PC RES0 NO. 5357 -2-
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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 400’ 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.
The analysis concluded that the proposed 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 proposed grading is
needed for the development of the site. The project adheres to all coastal
“stringline” setback requirements for the placement of structures, decks, balconies
and the sea wall.
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 fiom 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 .
6. 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; 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
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).
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.
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Conditions:
Note:
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Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading 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 mod@ 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 indemnifl, 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. This obligation survives
until all legal proceedings have been concluded and continues even if the City’s approval
is not validated.
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.
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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.
This approval is granted subject to the approval of SUP 02-01 and V 02-05 and is subject
to all conditions contained in Resolutions No. 5358 and 5359 for those other approvals.
This approval shall become null and void if building permits are not issued for b
project within 18 months from the date of project approval.
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.
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
Prior to the issuance of the grading 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. 5357 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.
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 or
beyond upon written approval of the City Engineer and only if all erosion control
measures are in place by October 1 st.
The applicant shall dedicate any land seaward of the proposed sea wall to the
California Coastal Commission or their designee as agreed to with the California
Coastal Commission.
Enpineering:
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 grading permit or
building permit whichever occurs first.
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General
15. 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.
16. Developer shall submit to the City Engineer, a reproducible 24" x 36," mylar copy of the
site plan and coastal Development plan and a digital copy of said map using NAD 83'
reflecting the conditions approved by the final decision making body (INCLUDING ANY
APPLICABLE COASTAL COMMISSION APPROVALS). The reproducible shall be
submitted to the City engineer, reviewed and, if acceptable, signed by the Cityk project
engineer and project planner prior to submittal of the building plans, improvement or
grading plans, whichever occurs first. The digital file copy shall be submitted in a
format as approved by the City Engineer.
FeedAgreements
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Prior to the issuance of a building permit for this project the developer shall adjust
(merge) the existing (two) 2 lots into one (1). An Adjustment Plat and certificate of
compliance shall be approved prior to the issuance of a building permit.
The developer shall pay all current fees and deposits required.
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 from this project.
Prior to approval of any grading or 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 , on a form provided by the City Engineer.
The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the Site Development Plan. The
offer shall be made by a separate document and recorded by the City of Carlsbad. All
land so offered shall be granted to the City free and clear of all liens and encumbrances
and without cost to the City. Streets that are already public are not required to be
rededicated.
Grading
22. Based upon a review of the proposed grading and the grading quantities shown on the
Site Development Plan, a grading permit for this project is required. Developer shall
apply for and obtain a grading permit from the City Engineer prior to the issuance of a
building permit for the project.
23. 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
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with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
Prior to hauling dirt or construction materials to or from this project, the developer shall
submit to and receive approval from the City Engineer for the proposed haul route. The
developer shall comply with all conditions and requirements the City Engineer may
impose with regards to the hauling operation.
No grading for private improvements shall occur outside the limits of the project unless a
grading or slope easement or agreement is obtained from the owners of the affected
properties.
Developer shall execute and record a City standard Development Improvement
Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the site development plan and the following improvements
including, but not limited to (paving, base, sidewalks, curbs and gutters, medians,
grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, and
water), to City Standards to the satisfaction of the City Engineer.
Developer shall underground all utilities to serve the proposed development.
Code Reminders:
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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 #1 special tax (if applicable), 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 1 pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees are 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, except as otherwise
specifically provided herein.
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 feedexactions. 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.
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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 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of February, 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Segall,
White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
R, Chairperson
PLANNING COMMISSION
ATTEST:
MICHAEL J. HOE~MIUER
Planning Director
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