HomeMy WebLinkAbout2003-11-19; Planning Commission; Resolution 54881
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2a
21
22
23
24
25
2f
27
28
PLANNING COMMISSION RESOLUTION NO. 5488
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEMOLITION OF AN EXISTING RESIDENCE AND THE
CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE
ON PROPERTY LOCATED AT 270 PACIFIC AVENUE AT
THE CORNER OF PACIFIC AVENUE AND MOUNTAIN
VIEW DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE
1.
CASE NAME: MAGANA RESIDENCE
CASE NO.: CDP 03- 19
DEVELOPMENT PERMIT CDP 03-19 TO ALLOW THE
WHEREAS, Baird Wheatley, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Wanda Magana, “Owner,” described as
Lot 27 Granvile Park, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 1782,
filed in the Office of the County Recorder of San Diego
County, February 21, 1924; together with those portions of
Pacific Avenue and Mountain View Drive as vacated and
closed to public use December 8,1930, by order of the Board of
Supervisors of San Diego County, a copy of which order is
recorded in Book 1844, Page 209 of Deeds, Records of San
Diego County, which by operation of law would revert to said
lot 27
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibit “A” dated November 19,2003, on file in the Planning
Department, MAGANA RESIDENCE - CDP 03-19 as provided by Chapter 21.201.040 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of November 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.
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
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES MAGANA RESIDENCE - CDP 03-19 based on the following
findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
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 site is designated
for single-family residential developments and the development is a single-family house
on a previously developed 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 nor otherwise damage the visual beauty of the coastal zone.
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 (JURMP) to avoid increased
urban runoff, pollutants and soil erosion. No steep slopes or native vegetation is
located on the subject property and the site is not located in an area prone to
landslides, or susceptible to accelerated erosion, floods, or liquefaction.
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
project will not interfere with the public’s right to physical access to the sea and the site is
not suited for water-oriented recreation activities.
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.
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
PC RES0 NO. 5488 -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
project will be installed to serve new development prior to or concurrent with need.
Specifically,
A. The project has been conditioned to provide proof fiom 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.
6. 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).
7. 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 Overlaj
Zone (Chapter 2 1.204 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.
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 fiom 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. 5488 -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
4.
5.
6.
7.
8.
9.
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.
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 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 21.20 1.2 10 of the Zoning Ordinance.
The developer shall submit to the City a Notice of Restriction to be filed in the office oi
the County Recorder, subject to the satisfaction of the Planning Director, notifymg all
interested parties and successors in interest that the City of Carlsbad has issued a Coastal
Development Permit by Resolution No. 5488 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 anj
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.
PC RES0 NO. 5488 -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
Engineering
General
11. 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.
12. Developer shall not construct any structure or add any plants over 30 inches in
height within the portion of the subject property located east of the visual setback as
established on Exhibit “A” unless otherwise approved by the City Engineer.
FeedAgreements
13. Developer shall cause property owner to enter into a Neighborhood Improvement
Agreement with the City for the future public improvement of Pacific Avenue and
Mountain View Drive along the subdivision frontage for a half street width of 25 feet.
Public improvements shall include but are not limited to paving, base, sidewalks, curbs
and gutters, grading, undergrounding or relocation of utilities, streetlights, and pedestrian
ramp.
14. 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.
Dedications/Improvements
15. Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit latest version. 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.
16. 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.
17. The Developer shall install potable water meters and water services at a location
approved by the District Engineer. The locations of said services shall be reflected on
public improvement plans.
PC RES0 NO. 5488 -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
18. 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.
19. 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
20. 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 1, pursuant to Chapter 21.90. All such
taxes/fees 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.
21. 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.
22. 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/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.
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 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.
PC RES0 NO. 5488 -6-
a
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 19th day of November 2003, by the
following vote, to wit:
AYES: Commissioners Dominguez, Heineman, Montgomery, Segall,
White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: Chairperson Baker
R, Chairperson
PLANNING COMMISSION
ATTEST:
\
Planning Director
PC RES0 NO. 5488 -7-