HomeMy WebLinkAbout2003-05-21; Planning Commission; Resolution 54131
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PLANNING COMMISSION RESOLUTION NO. 5413
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
FAMILY RESIDENCE ON PROPERTY GENERALLY
LOCATED ON THE WEST SIDE OF ADAMS STREET SOUTH
OF PARK DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: ST. CLAIRE RESIDENCE
CASE NO.: CDP 02-24
DEVELOPMENT PERMIT CDP 02-24 TO ALLOW A SINGLE-
WHEREAS, John St. Claire, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Sean B. E. Kelly, “Owner,” described as
Parcel 1 in the City of Carlsbad, County of San Diego, State of
California, as shown at Page 10178 of Parcel Maps, filed in the
Office of the County Recorder of San Diego County, June 27,
1980
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “F” dated May 21, 2003, on file in the
Planning Department, ST. CLAIRE RESIDENCE - CDP 02-24, as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of May 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:
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 ST. CLAIRE RESIDENCE - CDP 02-24 based on the following
findings and subject to the following conditions:
Findines :
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That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the site is designated for single-family
residential development and the development consists of the construction of one
single-family residence on a 0.64 acre lot; the development does not obstruct views
of the coastline as seen from public lands or public rights-of-way or otherwise
damage the visual beauty of the coastal zone; and no agricultural activities,
geological instability or coastal access opportunities exist on the previously graded
and developed site. Sensitive biological resources will be disturbed, however, the
impacts will be mitigated through preservation of 67% of the Coastal Sage Scrub
vegetation, consistent with the City’s draft Habitat Management Plan.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that there are no public recreation or access requirements for this
property.
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
impact less than 10% of the “dual criteria” slopes in order to allow reasonable use
of the property. 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 project is not located in the Coastal Agriculture Overlay Zone, according to Map X ol
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 project is not located between the sea and the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance).
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.
All findings of Resolutions No. 5412 for the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program are incorporated herein by
reference.
PC RES0 NO. 5413 -2-
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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 issuance of a
building or grading permit, whichever occurs first.
General:
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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 Mher 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 (CDP 02-24) 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.
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.
Developer shall implement, or cause the implementation of, the St. Claire Residence
Project Mitigation Monitoring and Reporting Program.
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-
PC RES0 NO. 5413 -3-
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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.
Developer shall submit to the Planning Director a reproducible 24” x 36,” mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body.
Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
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 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 the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and is subject to all conditions
contained in Planning Commission Resolutions No. 5412 for that other approval
incorporated herein by reference.
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.
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.
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 1st.
At issuance of building permits, 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.
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16. Prior to the issuance of the building 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. 5413 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.
17. The retaining wall proposed along the eastern property line (adjacent to APN 206-
192-36) shall be constructed of decorative block. If a freestanding fence/wall is
placed above the retaining wall, the overall combined height of the fencelwall and
retaining wall shall not exceed six feet.
Eneineerinp:
General
18. 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.
FeedAgreements
19. 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.
20. Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed cross
lot drainage as shown on the site plan. The deed restriction document shall be in a form
acceptable to the City Engineer and shall:
A. Clearly delineate the limits of the drainage course; and
B. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
C. State that all fbture use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
nuisance.
21. 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
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shown within the boundaries of the project into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Grading
22. This project requires off site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer obtains, records and submits a
recorded copy to the City Engineer a grading or slope easement or agreement from the
owners of the affected properties. If Developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case Developer must
either apply for and obtain an amendment of this approval or modify the plans so grading
will not occur outside the project and apply for and obtain a finding of substantial
conformance from both the City Engineer and Planning Director.
23. 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
project.
Dedications/Improvemen ts
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Drainage easements may be required. Developer shall dedicate and provide or install
drainage structures, as may be required by the City Engineer, prior to or concurrent with
any grading or building permit.
Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6
hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
conditions. Both 6 hour and %-hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
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.
Water:
27. 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.
The Developer shall install potable water services and meters at a location approved by
the District Engineer. The locations of said services shall be reflected on public
improvement plans.
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Fire:
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The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
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. A note to this effect shall be placed on the Final Map, as non-mapping data.
The entire structure shall be required to be protected by an Automatic Fire Sprinkler
System designed to NFPA Standard 13D.
The applicant shall be required to install a one inch (1”) or greater Water Meter. The fire
sprinkler system designer shall confer with the water utility for availability.
The applicant shall consult the City of Carlsbad Landscape Design manual for
compliance with “Fire Protection Zone”
The applicant shall obtain an easement to cleadthin brush off-site within the required 50
foot brush management zone.
Code Reminders
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Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code. 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.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
PC RES0 NO. 5413 -7-
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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 fiom 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 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.
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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 21st day of May, 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Montgomery,
Segall, and White
NOES: None
ABSENT: Commissioner Whitton
ABSTAIN: Commissioner Dominguez
ATTEST:
Planning Director
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