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HomeMy WebLinkAbout2003-11-19; Planning Commission; Resolution 54961 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 PLANNING COMMISSION RESOLUTION NO. 5496 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 02-50 TO ALLOW THE MODIFICATION OF AN EXISTING DUPLEX INTO A SINGLE- FAMILY RESIDENCE ON PROPERTY GENERALLY LOCATED AT 2643 OCEAN STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: RUSSELL REMODEL CASE NO.: CDP 02-50 WHEREAS, Karnak Planning & Design “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Joan Russell, “Owner,” described as Lots 11 and 12 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 November 19,2003, on file in the Carlsbad Planning Department, RUSSELL REMODEL - CDP 02-50, as provided by Chapter 21.201 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 RUSSELL REMODEL - CDP 02-50, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. That the proposed development is in conformance with the Mello II segment of the Certified Local Coastal Program and all applicable policies in that the development is a modification of an existing duplex structure into 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. 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 plantlanimal species and/or coastal sage scrub and chaparral plant communities. The proposed project is not developing on slopes 25% or greater. 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 to the south 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. 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’ south 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 remodeled structure has been designed with attractive architectural features (faqade elements, decorative exterior trim, new roof line) which will be compatible with the surrounding development and natural environment. Decorative open fencing will replace the existing solid gates along the side property lines increasing the ocean view amenity to the west along Ocean Street. The proposed grading for the excavation of the basement is needed for the development of the site. The project adheres to the coastal “stringline” setback requirement for the proposed expansion. PC RES0 NO. 5496 -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 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 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide finding 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. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 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 hrther 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. 5496 -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 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 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. 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. 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 V 03-01 and is subject to all conditions contained in Resolution No. 5497 for those other approvals, incorporated by reference herein. This approval shall become null and void if building permits are not issued for this project within 24 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 PC RES0 NO. 5496 -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 12. 13. 14. 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 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. 5496 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 1st. The applicant shall dedicate any land seaward of the mean high tide line to the California Coastal Commission or their designee as agreed to with the California Coastal Commission. Enpineering: NOTE: 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 building or grading permit whichever occurs first. 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 from, 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. FeedAgreemen ts 17. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City’s standard form Geologic Failure Hold Harmless Agreement. 18. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the City for the future public improvement of Ocean Street along the subdivision frontage for a half street width of 25 feet. Public improvements shall include PC RES0 NO. 5496 -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 19. but are not limited to paving, base, sidewalks, curbs and gutters, grading, undergrounding or relocation of utilities, fire hydrants, and street lights. Prior to approval of any building permit 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 project 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 20. 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 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. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System ("DES) 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. 2 1. Code Reminders: 22. 23. 24. ... ... ... 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 #I 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. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. PC RES0 NO. 5496 -6- 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 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 “ feedexactions. ” 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 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 19th day of November 2003 by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None Chairperson AD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5496 -7-