HomeMy WebLinkAbout2004-05-05; Planning Commission; Resolution 56231
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PLANNING COMMISSION RESOLUTION NO. 5623
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
GENERALLY LOCATED AT THE NORTH END OF BUENA
VISTA CIRCLE IN LOCAL, FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: ROSSALL RESIDENCE
DEVELOPMENT PERMIT CDP 03-14 ON PROPERTY
CASE NO.: CDP 03-14
WHEREAS, Kerry Rossall, “Owner/Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by described as
The West 125 feet of that portion of Lot 1 (the Northeast Quarter of
Northeast Quarter) of Section 1, Township 12 South, Range 3 West,
San Bernardino Base and Meridian, in the City of Carlsbad, County
of San Diego, State of California, According to Official Plat thereof,
described as follows:
Beginning at the Northeast corner of said Section 1; thence along the
East line of said Section 1 South 0°05’ West 316 feet to the Southeast
corner of land described in Deed to William Elcort Wieringa, et ux,
recorded in Book 2230, Page 147 of Official Records, said point being
True Point of Beginning; thence continuing OO05’ West 88 feet; thence
North 89’55’ West 495 feet, more or less, to the West line of the East
15 acres of said lot 1; thence along said West line North Odegrees 05’
East 88 feet to the Southwest corner of said land described in said
Deed to Wieringa above referred to; thence Easterly along the
Southerly line of said land described in said Deed to Wieringa, 495
feet to the True Point of Beginning.
EXCEPTING from Parcels 1 and 2 above, that portion lying below
the high water line of the Buena Vista Lagoon, as Granted to the
Nature Conservancy, a nonprofit corporation, in Deed recorded
August 2,1961 as Filed No. 132574 of Official Records.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “H” dated May 5, 2004, on file in the
Planning Department, ROSSALL RESIDENCE - CDP 03-14 as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 5th day of May 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.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES ROSSALL RESIDENCE - CDP 03-14 based on the following
findings and subject to the following conditions:
FindinPs :
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the project site is designated for single-
family and multi-family residential development, and the development consists of
one single-family residence; the development does not obstruct views of the coastline
as seen from public lands or public rights-of-way or otherwise damage the visual
beauty of the coastal zone; and no agricultural activities, sensitive resources,
geological instability or coastal access opportunities exist on the previously graded
and subdivided site.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the project is not between the shore and the first public
road.
3. 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, 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 are 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.
4. The project is not located between the sea the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapters 21.204 of the Zoning Ordinance).
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5.
6.
7.
8.
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, 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 3.87 du/ac is below the density range of 8-15 du/ac specified for the site as
indicated in the Land Use Element of the General Plan. The project’s proposed
density of 3.87 du/ac is below the Growth Management Control Point density (11.5
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.
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 subjected to the
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).
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
project will be installed to serve new development prior to or concurrent with need.
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.
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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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
1.
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4.
5.
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 hrther 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.
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 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.
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6.
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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 fi-om 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 two
(2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
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, notifymg all interested parties and successors in interest that the
City of Carlsbad has issued a Coastal Development Permit by Resolution No. 5623 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.
Prior to the issuance of building permits, the Developer shall pay to the City an
inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling
unit basis in the amount in effect at the time, as amended by City Council
Resolution from time to time.
Enpineerinp Conditions
NOTE: Unless specifically stated in the condition, all of the following conditions, upon
the approval of this proposed tentative map, must be met prior to approval of a final map,
building or grading permit whichever occurs first.
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General
13. Prior to hauli g 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.
FeedAgreements
14. 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.
15. 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.
16. 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
17. 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 pennit for the
project.
Dedications/Improvements
18. Developer shall cause Owner to execute a covenant of easement for construction and
utilization of driveway access and drainage over and across a portion of Lot 9 of
Buena Vista Gardens according to Map No. 2492 filed August 4,1948 for the benefit
of Parcel 2 as described in the Grant Deed granting title to Ray Baum on April 27,
2000 per San Diego County recorded Document No. 2000-0215356. The obligation to
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execute and record the covenant of easement shall be shown and recording information
called out on the site plan. Developer shall provide City Engineer with proof of
recordation prior to issuance of building permit.
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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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of May 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
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