HomeMy WebLinkAbout2004-03-17; Planning Commission; Resolution 55801
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PLANNING COMMISSION RESOLUTION NO. 5580
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 02-16 TO CONSTRUCT
THREE SINGLE-FAMILY RESIDENCES ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF ADAMS
STREET AND EAST SIDE OF HOOVER STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: CARLSBAD OCEANVIEW ESTATES
CASE NO.: CDP 02- 16
WHEREAS, Henry Olivier, “Developer/Owner,” has filed a verified application
with the City of Carlsbad regarding property described as
Lot 4 in Book C 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, March 7,1929
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “J” dated March 17, 2004, on file in the
Planning Department, CARLSBAD OCEANVIEW ESTATES - CDP 02-16 as provided by
Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of March 2004 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 CARLSBAD OCEANVIEW ESTATES - CDP 02-16 based on
the following findings and subject to the following conditions:
Findinm :
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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 development and the development of three dwelling
units at a density of 3 du/acre is consistent with the site designation of 0 - 4 dwelling
units per acre. 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.
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 publics right to physical access to the sea and
the site is not suited for water-oriented recreational activities.
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 run off, 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.
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 Sections 15303(a) (construction or
conversion of up to three single family residences in urbanized areas) 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
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.
PC RES0 NO. 5580 -2-
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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 Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan based on the facts set forth in
the staff report dated March 17,2004 including, but not limited to the following:
A.) Land Use - The project is consistent with the City’s General Plan since the
proposed density of 3.0 du/ac is within the density range of 0 - 4 du/ac
specified for the site as indicated in the Land Use Element of the General
Plan. The project’s proposed density of 3.0 du/ac is slightly below the
Growth Management Control Point density (3.2 du/ac) used for the purpose
of calculating the City’s compliance with Government Code Section 65584.
However, consistent with Program 3.8 of the City’s certified Housing
Element, all of the dwelling units, which were anticipated toward achieving
the City’s share of the regional housing need that are not utilized by
developers in approved projects, are deposited in the City’s Excess Dwelling
Unit Bank. These excess dwelling units are available for allocation to other
projects. Accordingly, there is no net loss of residential unit capacity and
there are adequate properties identified in the Housing Element allowing
residential development with a unit capacity, including second dwelling
units, adequate to satisfy the City’s share of the regional housing need.
B.) Circulation - The project is served by two existing fully improved public
streets, Adams Street and Hoover Street, which operate at an acceptable level
of service.
C.) Noise - The project complies with the 60 dBA exterior CNEL and 45 dBA
interior CNEL noise standards.
D.) Housing - The project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance as the developer has been
conditioned to pay an inclusionary housing in-lieu fee.
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 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 the exaction is in rough proportionality to the impact caused by the project.
PC RES0 NO. 5580 -3-
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Conditions:
Note:
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Unless otherwise specified herein, all conditions shall b
grading or building permit, whichever occurs first.
satisfied prior to issuance of a
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.
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.
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.
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.
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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.
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 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. 5580 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 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.
Prior to the issuance of building permits, the Developer shall prepare and record a Notice
that this property is subject to overflight, sight and sound of aircraft operating fiom
McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and
the City Attorney (see Noise Form #2 on file in the Planning Department).
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 2 1.201.2 10 of the Zoning Ordinance.
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
upon written approval of the City Engineer and only if all erosion control measures are in
place by October 1 st.
Prior to issuance of a building permit, the Developer shall pay to the City an inclusionary
housing in-lieu fee as established by City Council Resolution in affect at the time.
This approval is granted subject to the approval of HDP 02-04 and is subject to all
conditions contained in Planning Commission Resolution No. 5581 for that other
approval is incorporated herein by reference. This approval is subject to approval of
MS 02-05 and is subject to all conditions contained in the administrative letter of
approval, incorporated herein by reference.
Prior to the issuance of building permits, the applicant shall submit an acoustical
study to show that the project will meet the exterior noise standard of 60 CNEL and
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the interior noise standard of 45 CNEL pursuant to the Noise Element of the
General Plan and the Noise Guidelines Manual.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
17. 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
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
18. 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.
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.
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PC RES0 NO. 5580 -6-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of March 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Heineman, Montgomery,
Segall, and Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
&a/
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5580 -7-