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HomeMy WebLinkAbout2004-04-21; Planning Commission; Resolution 56121 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. 5612 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED AT THE NORTHERN TERMINUS OF HIGHLAND DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: DUNN RESIDENCE CASE NO: HDP 02- IO WHEREAS, James Dum, “Developer”/“Owner,” has filed a verified application with the City of Carlsbad regarding property described as: That portion of the northwest quarter of the southwest quarter of Section 31, Township 11 south, Range 4 west, San Diego meridian, in the County of San Diego, State of California, according to the United States Government Survey, approved April 5, 1881, together with a portion of Lots 4 and 5 of Cedar Hill addition to the town of Carlsbad, according to Map thereof No. 532, filed in the office of the County Recorder of San Diego County, April 25, 1888, all being in the City of Carlsbad, County of San Diego, State of California and described as per Grant Deed recorded September 25, 1962 as File No. 164830 of official records filed in the office of the County Recorder of San Diego County, State of California, described herein as Deed 1, along with that portion described per Corporation Grant Deed recorded April 9,1963 as File No. 60557 of official records, filed in the office of the County Recorder of San Diego County, State of California, described herein as Deed 2, and as shown on Record of Survey 13744, recorded May 7,1992 as File No. 92-27634 filed in the office of the County Recorder of San Diego County, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibits “A” - “J” dated April 21, 2004, on file in the Carlsbad Planning Department, DUNN RESIDENCE - HDP 02-10, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 21st day of April, 2004, consider said request; and 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 WHEREAS, at said 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 Hillside Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES DUNN RESIDENCE - HDP 02-10 based on the following findings and subject to the following conditions: Findinw : 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 2. That undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map. 3. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that grading provisions for steep slopes allow disturbance if mandatory findings to allow exceptions can be made. The project qualifies for an exception because a soils investigation has determined that remedial grading is necessary to stabilize the slope area for at least 75 years or the life of proposed structures. Grading of the slope is also essential to the development intent and design because the single-family lot is undevelopable without slope stabilization due to past undocumented fill which has eroded over time. No interruption of a significant wildlife corridor will occur. The proposed slope combined with two 6' high retaining walls at the base of the slope avoids impacts to sensitive vegetation located on steep slopes further to the north. The project is conditioned to comply with 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 and to require a Storm Water Management Plan to address filtration of anticipated pollutants through utilization of best management practices. 4. That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that pursuant to Section 21.203.040A(2)(a), the project qualifies for an exception as stated in Item 3 above. PC RES0 NO. 5612 -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 project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that hillside development standards pertaining to development over the top edge of manufactured slopes and slope edge building setbacks are not applicable to the proposed structures because the slope is not located along the perimeter of the property. The 7:l top of slope setback standard does not apply to this project due to the limited width of the buildable pad area. Utilization of the entire building pad width, exclusive of a storm drain easement and setbacks, is necessary to ensure reasonable use of the property. 6. That the project design and lot configuration minimizes disturbance of hillside lands, in that although remedial grading necessary to stabilize a developable building pad consists of some grading on steep to moderate sloping bluffs to the north of the proposed development, the graded 2:l slopes will resemble existing conditions, be revegetated with native vegetation, and remain undeveloped open space. 7. That the site has unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading, in that the Geotechnical Report prepared by Vinje & Middleton Engineering for the site specifies that remedial grading (10,000+ cubic yards) consisting of removal and recompaction of undocumented fill is required to stabilize a buildable pad for a single-family residence and accessory structures. 8. The project is consistent with the Citywide 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. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. c. 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. 9. The Planning Commission/City Council hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad’s Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City’s General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the PC RES0 NO. 5612 -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 preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City’s Habitat Management Plan. 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. 10. Conditions: Note: 1. 2. 3. 4. 5. Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading permit. 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 fwrther 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 Hillside Development Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Hillside Development PermitEoastal 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. 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/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 Hillside Development Permit, PC RES0 NO. 5612 -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 6. 7. 8. 9. 10. 11. 12. 13. 14. (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. 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. 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. This approval is granted subject to the approval of the Mitigated Negative Declaration, Addendum, and Mitigation Monitoring and Reporting Program, CDP 02-42 and is subject to all conditions contained in Planning Commission Resolutions No. 5611 and 5613 for those other approvals incorporated herein by reference. Developer shall implement, or cause the implementation of, the Dunn Residence Project Mitigation Monitoring and Reporting Program. 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. At issuance of building permits, or prior to the approval of a final map andor issuance of certificate of compliance for the conversion of existing apartments to air-space condominiums, 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. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, which provide some benefits to wildlife, as documented in the City’s Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The PC RES0 NO. 5612 -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 15. 16. 17. 18. Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. The fee becomes effective following final approval of the Habitat Management Plan. The City is currently updating the fee study, which is expected to result in an increase in the amount of the fee. If the Habitat Management Plan is approved, then the Developer or Developer’s successor(s) in interest shall pay the adjusted amount of the fee. The fee shall be paid prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any an all approvals for this project shall become null and void. Prior to issuance of a building permit, the Developer shall: 1) consult with the United States Fish and Wildlife Service (USFWS) regarding the impacts of the Project; and, 2) obtain any permits required by the USWFS. 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 #1 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 taxes/fees 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. Prior to the issuance of a 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 Hillside Development Permit and Coastal Development Permit by Resolutions No. 5612 and 5613 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. Removal of native vegetation and development of Open Space, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of (the grading plan, improvement plans, biological revegetation program, landscape plan, etc.) as shown on Exhibits “A” and “D” is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, and (California Coastal Commission if in Coastal Zone), based upon a request from the Homeowner accompanied by a report from a qualified arboristhotanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. PC RES0 NO. 5612 -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 19. 20. 21. A 6’ solid masonry wall with pilasters and cap as shown on Exhibit “I” shall be installed along the side property lines abutting existing development. Within the front yard setback, the wall shall not exceed 42.” If any outdoor lighting that will illuminate the open space to the north is proposed, the applicant shall submit a lighting plan that identifies the extent of the illumination based on the location and type of lighting proposed. Lighting of open space areas shall be minimized to the greatest extent possible. Construction shall be scheduled to occur outside the bird nesting season (February 15 - August 31) or assure that construction activity will not result in noise levels above 60 dBA leq at the nest site. If construction is planned during the bird nesting season, vegetation should be cleared prior to the nesting season. Additionally, if construction occurs during raptor nesting season (approximately February 1 to August 30) a qualified biologist shall conduct a pre-construction survey of the project site and surrounding habitat to determine whether there are active raptor nests within the area. If an active raptor nest is observed, a buffer shall be established between the construction activities and the nest so that nesting activities are not interrupted. The buffer should be a minimum of 500 feet and should be in effect as long as construction is occurring and/or until the nest is no longer active. En pineering: Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed Hillside Development Permit, must be met prior to approval of a building or grading permit whichever occurs first. General 22. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval fi-om, the City Engineer for the proposed haul route. 23. 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. 24. Prior to the issuance of a grading permit, the property owner shall enter into an encroachment agreement with the City for the proposed private drainpipe connection to the proposed public storm drain. FeedAgreements 25. 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. 26. 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. PC RES0 NO. 5612 -7- 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 27. 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. 28. 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 29. 30. 31. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. 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. All pad drainage shall be designed to flow away from the slope and to Highland Drive in the event that drainage into any of the yard drain inlets is blocked. Dedications/Improvements 32. Developer shall cause Owner to make an offer of dedication to the City and/or other appropriate entities for the proposed 20-foot wide storm drainage easement and water meter easement 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 are already public are not required to be rededicated. The alignment and size of said easements shown on the site plan are subject to change. Said easements shall be aligned and sized per the final approved PC RES0 NO. 5612 -8- 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 33. 34. 35. 36. alignments and sizes shown on the City Storm Drain Construction Plans (DWG 413- 9, Project No. 39051) on file with the City. 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. The public storm drain, inlets, outlet and other related appurtenances must be installed prior to the issuance of a building permit. All pipe and related facilities shall be constructed per Drawing 413-9 (Project No. 39051) on file with the City unless otherwise directed by the City Engineer. The Developer may construct the storm drain improvements or allow the City to construct or contractually construct said improvements. If the Developer chooses to construct said improvements, he shall, unless otherwise permitted by the City Engineer, execute and record a City standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public storm drain improvements per said Drawing to City Standards to the satisfaction of the City Engineer. Improvements shall be constructed within 18 months of approval of the development improvement agreement or such other time as provided in said agreement. The Developer may be eligible for reimbursement from the City. Reimbursement of any costs must be approved via a reimbursement agreement with the City prior to the issuance of a grading 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 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a) b) c) identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; ensure long-term maintenance of all post construct BMPs in perpetuity; and d) e) PC RES0 NO. 5612 -9- 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 f) identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. Water: 37. 38. 39. 40. - Fire: 41. 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. 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. Maintain sixty (60) feet from all structures in accordance with the City of Carlsbad Landscape Manual as shown on Exhibit “A.” Plans shall be submitted to the fire department for review and approval of the required fire suppression zones. Code Reminders: 42. 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. 43. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. ... .. ... ... PC RES0 NO. 5612 -10- 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 “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 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 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 21st day of April, 2004, by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman, Montgomery, Segall, and Whitton NOES: None ABSENT: None ABSTAIN: None MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5612 -1 1-