HomeMy WebLinkAbout2004-07-07; Planning Commission; Resolution 56631
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PLANNING COMMISSION RESOLUTION NO. 5663
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 04-11 ALLOWING AN
ADDITION TO AND REMODEL OF AN EXISTING SINGLE-
FAMILY RESIDENCE ON PROPERTY GENERALLY
LOCATED AT 5019 TIERRA DEL OR0 STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 3, WITHIN THE
COASTAL COMMISSION APPEAL AREA OF THE MELLO 11
SEGMENT OF THE COASTAL ZONE.
CASE NAME: CASA DI MARE
CASE NO.: CDP 04-1 1
WHEREAS, Ted Viola, “Developer,” has filed a verified application with the City of
Carlsbad regarding property owned by David W. Valentine, Successor Trustee of the Edward
L. Valentine and Muriel H. Valentine Inter Vivos trust dated May 4, 1990, “Owner,”
described as
Lot 14 of Tierra del Oro, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No
3052, filed in the Office of the County Recorder of San Diego
County, February 4,1954
(“the Property”); and
WHEREAS, said verified application constitutes a request fa a Coastal
Development Permit as shown on Exhibits “A” - “G” dated July 7,2004, on file in the Planning
Department, CASA DI MARE - CDP 04-11, as provided by Chapter 21.201.040 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of July 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.
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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 CASA DI MARE - CDP 04-11 based on the following findings
and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the site is designated for single-family
residential development and the development consists of an addition to and remodel
of an existing single-family residence on a 0.32 acre lot; the development is
consistent with the Mello I1 land use designation of RLM; 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; no agricultural activities,
geological instability or coastal access opportunities exist on the previously graded
and developed site; and sensitive biological resources do not exist on site.
2. 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 plant/animal species and/or coastal sage
scrub and chaparral plant communities and no development, other than repair and
replacement of existing at-grade features, is proposed on the slope areas.
3. 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 2,000 feet to the
north and 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.
4. 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).
5. 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 2,000 feet to the north and 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 bluff face is covered with riprap and is located
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6.
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approximately 20 to 30 feet below the proposed structure. The analysis concluded
that the proposed development will have no adverse effects on the stability of tht
coastal slope. The proposed addition and remodel of the existing residential
structure has been designed with attractive architectural features which will bc
compatible with the surrounding development and natural environment. Grading
will be limited to finish grading to ensure that the site drains towards the street to thc
greatest extent possible. The project adheres to all coastal “stringline” setback
requirements for the placement of new structures and balconies. The existing firs1
floor balcony projects slightly beyond the current stringline and no encroachments
are proposed beyond those that currently exist, which were approved with the
original coastal development permit.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 3 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.
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 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 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.
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2.
3.
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10.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit (CDP 04-11) 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 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.
Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body.
Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24’’ x 36’’ blueline drawing
format (including any applicable Coastal Commission approvals).
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 3 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 Administrative Variance AV 04-03
and is subject to all conditions contained in Planning Commission Resolution No. 5664
for that other approval incorporated herein by reference.
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11.
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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.
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.
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. 5663 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 a building permit, the developer shall record a deed
restrictiodwaiver of public liability in compliance with the requirements of
Municipal Code Section 21.204.120 (Coastal Shoreline Development Overlay Zone).
Enpineerinp :
General
15.
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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.
FeedAgreements
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. 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.
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Grading
19.
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No grading for private improvements shall occur outside the limits of this approval unless
Developer obtains, records and submits a recorded copy to the City Engineer a grading or
slope easement or agreement from the owners of the affected properties. If Developer is
unable to obtain the grading or slope easement, or agreement, no grading permit will be
issued. In that case Developer must either apply for and obtain an amendment of this
approval or modify the plans so grading will not occur outside the project and apply for
and obtain a finding of substantial conformance from both the City Engineer and
Planning Director.
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 and beyond upon written
approval of the City Engineer, obtained in advance, and only if all erosion control
measures are in place by October 1 st.
Developer shall depict all proposed erosion control protection measures on the
building site plan to ensure no offsite siltation occurs as a result of this project.
Developer is responsible to install and maintain erosion control devices to the
satisfaction of the City.
Code Reminders:
22. 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.
23. 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.
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 fees/exactions. 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
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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 7th day of July 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Dominguez,
Heineman, and Montgomery
NOES: None
ABSENT: Commissioner Segall
ABSTAIN: None
/- FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOL~MIL~~R
Planning Director
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