HomeMy WebLinkAbout2003-06-04; Planning Commission; Resolution 54211
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PLANNING COMMISSION RESOLUTION NO. 5421
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
GENERALLY LOCATED ON THE EAST SIDE OF HJLLSIDE
DRIVE BETWEEN HIGHLAND DRIVE AND PARK DRIVE IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: OCHELTREE RESIDENCE
DEVELOPMENT PERMIT CDP 02-45 ON PROPERTY
CASE NO.: CDP 02-45
WHEREAS, Paul C. and Marilyn A. Ocheltree, “Developers/Owners,” have
filed a verified application with the City of Carlsbad regarding property described as
Lots 18 and 19 in Block “G” of Bellavista in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof No. 2152, filed in the Office of the County
Recorder of San Diego County dated March 7,1929
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “G” dated June 4, 2003, on file in the
Planning Department, OCHELTREE RESIDENCE - CDP 02-45 as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of June, 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 OCHELTREE RESIDENCE - CDP 02-45 based on the
following findings and subject to the following conditions:
FindinPs:
1. That the proposed development is in conformance with the Mello II Certified Local
Coastal Program and all applicable policies in that the site is designated for single-
family residential and the development is a construction of a 3,802 square foot
single-family residence on an infill lot; no agricultural activities, sensitive resources,
geological instability, flood hazard or coastal access opportunities exist onsite 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 proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the property is not located adjacent to the shore. Therefore,
the property will not interfere with the public's right to physical access to the sea
and the site is not suited for water-oriented recreational activities.
3. 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 run off, 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 planuanimal 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.
4. 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.
5. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary of 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 (one single-family
residence in a residential zone) of the state CEQA Guidelines. In making this
determination, the Planning Director has found that the exemptions 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 hding to ensure that all facilities and improvements regarding: sewer collection
PC RES0 NO. 5421 -2-
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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 issuance of building permit.
7. The project is not located in the Coastal Agricultural 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 Agricultural Overlay Zone (chapter 21.202 of the Zoning
Ordinance).
8. 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).
9. 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 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 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.
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.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
3. 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.
PC RES0 NO. 5421 -3-
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4.
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10.
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 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, 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 1 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 21.201.210 of the Zoning Ordinance.
The 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. 5421 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 of Restriction. The
Planning Department 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.
PC RES0 NO. 5421 -4-
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11.
12.
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 extend 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 fiom time to time.
Engineering
General
13. Prior to hauling dirt or construction materials to or fiom any proposed construction site
within this project, Developer shall apply for and obtain approval fiom, the City Engineer
for the proposed haul route.
14. Prior to obtaining a right-of-way permit to install sewer or water pipes within the
public right-of-way or public easement, the applicant shall revise the improvement
plans on file with the City to plot these new pipes on said plans subject to the City’s
procedures and approval.
15. All trees proposed within a public easement as shown on the landscape plans are
specifically prohibited unless otherwise approved by an encroachment permit
subject to the City Engineer’s approval.
FeedAgreemen ts
16. 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.
17. 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;
B. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
C. State that all future 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.
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18.
19.
Developer shall cause property owner to enter into a Neighborhood Improvement
Agreement with the City for the future public improvement of Hillside Drive along the
subdivision fiontage for a half street width of 30 feet. Public improvements shall include
but are not limited to paving, base, sidewalks, curbs and gutters, grading, undergrounding
or relocation of utilities, fire hydrants, street lights, and assessment district formation
costs.
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 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
Grading
20. 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.
Dedicationsfimprovements
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23.
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 subniitted to and subject to
the approval of the City Engineer.
Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
other appropriate entities for all public streets and other easements shown on the site plan.
The offer shall be made by a certificate on the final map and/or separate recorded
document. All land so offered shall be offered free and clear of all liens and
encumbrances and without cost. Streets that already public are not required to be
rededicated.
Additional 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.
Code Reminders:
24. 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.
PC RES0 NO. 5421 -6-
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25. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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/exac t ions. ”
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.
You are hereby FURTHER NOTEIED 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 feedexactions 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 4th day of June, 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, and White
NOES: Commissioner Whitton
ABSENT: None
ABSTAIN: None b AKER, Chairperson
C-AD PL&G COMMISSION
ATTEST:
MICHAEL J. HO~MILI~~R
Planning Director
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