HomeMy WebLinkAbout2004-11-17; Planning Commission; Resolution 57641
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PLANNING COMMISSION RESOLUTION NO. 5764
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 04-32 TO ALLOW THE
CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE ON
PROPERTY LOCATED AT 4020 JAMES DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: MARTINET RESIDENCE
CASE NO.: CDP 04-32
WHEREAS, Ed and Rose Martinet “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Parcel 2 of parcel map no. 17747 in the City of Carlsbad,
County of San Diego, State of California, filed in the office of
the County recorder of San Diego County, September 10,1996,
as instrument No. 96-459468 of official records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “I” dated November 17, 2004, on file in the
Planning Department, MARTINET RESIDENCE - CDP 04-32 as provided by Chapter
2 1.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of November 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 MARTINET RESIDENCE - CDP 04-32 based on the foliowing
findings and subject to the following conditions:
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Findinm :
PC RES0 NO. 5764
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That the proposed development is in conformance with the Mello I1 segment of the
Certified Local Coastal Program and all applicable policies in that the site is designated
for single-family residential developments and the development is a single-family house
on a previously subdivided lot; 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 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 (JUMP) to avoid increased
urban runoff, 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.
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 public’s right to physical access to the sea and the site is
not suited for water-oriented recreation activities.
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.
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.
The project is not located in the Coastal Agriculture Overlay Zone, according to Map X ol
the Land Use Plan, certified September 1990 and, therefore, is not subject to the
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provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).
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 Overlaj
Zone (Chapter 21.204 of the Zoning Ordinance).
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.
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
a building permit or grading permit, whichever occurs first.
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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 modi@ 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,
PC RES0 NO. 5764 -3-
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1%
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2%
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(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.
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 Engineer
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 24
months of approval or this coastal development permit will expire unless extended per
Section 2 1.20 1.2 10 of the Zoning Ordinance.
The developer shall submit to the City a Notice of Restriction to be filed in the office oi
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. 5764 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 anj
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 whick
modifies or terminates said notice upon a showing of good cause by the Developer 01
successor in interest.
Prior to the issuance of building permits, the applicant shall apply for and obtain a grading
permit issued by the City Engineer.
All construction activities shall be planned so that grading will occur in units that can be
easily completed within the summer construction season. All grading operations shall be
limited to April 1 to October 1 of each year. All areas disturbed by grading shall be
planted within 60 days of initial disturbance and prior to October 1 with temporary 01
permanent (in the case of finished slopes) erosion control methods. The October 1 grading
season deadline may be extended with the approval of the City Engineer subject tc
implementation by October 1 of erosion control measures designed to prohibit discharge
of sediments offsite during and after the grading operation is completed. Extension?
PC RES0 NO. 5764 -4-
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beyond November 15 may be allowed in areas of very low risk of impact to sensitive
coastal resources and may be approved either as part of the original coastal development
permit or as a formal amendment to an existing coastal development permit.
13. At issuance of building permits, or prior to the approval of a final map and/or 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 from time to.
Engineering
General
14. Prior to hauling dirt or construction materials to or fiom any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
FeedAgreements
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. 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.
17. Developer shall comply with the City’s Standard Urban Storm Water Mitigation
Plan. As currently designed, the project must, at a minimum, incorporate “Standard
Permanent Storm Water BMP Requirements” per Section III.2.A and B. All BMPs
shall be installed prior to occupancy unless the City Engineer determines that
earlier installation of certain BMPs is necessary.
PC RES0 NO. 5764 -5-
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Water
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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 the potable water service and meter 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.
The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Site Plan to the satisfaction of the District
Engineer. Proposed public facilities 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.
Code Reminders
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Developer shall pay the License Tax on new construction imposed by Carlsbad Municipal
Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywide Public
Facilities Fee imposed by City Council Policy #17, 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 and not paid, this
approval will not be consistent with the General Plan and shall become void.
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.
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.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
PC RES0 NO. 5764 -6-
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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
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 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 17th day of November 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT:
ABSTAIN:
7 FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMIL~R
Planning Director
PC RES0 NO. 5764 -7-