HomeMy WebLinkAbout2004-12-15; Planning Commission; Resolution 57461
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PLANNING COMMISSION RESOLUTION NO. 5746
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 03-36 TO ALLOW THE
DEMOLITION OF AN EXISTING SINGLE-FAMILY
RESIDENCE AND THE CONSTRUCTION OF A NEW
SEGMENT OF THE CITY’S COASTAL ZONE ON PROPERTY
GENERALLY LOCATED ON THE WEST SIDE OF GARFIELD
STREET SOUTH OF PINE AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: NASSAR RESIDENCE
SINGLE-FAMILY RESIDENCE WITHIN THE MELLO I1
CASE NO.: CDP 03-36
WHEREAS, Sami and Tania Nassar, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding described as
Tract 201 of Thum Lands, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof No.
1681, filed in the offices the County Recorder of San Diego
County on December 9,1915
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “C” dated December 15, 2004, on file in the
Planning Department, NASSAR RESIDENCE - CDP 03-36 as provided by Chapter 21.201.040
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of October 2004, 1st
day of December 2004, and the 15th day of December 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:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commissio
APPROVES NASSAR RESIDENCE - CDP 03-36 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 residential
development and the development consists of a single-family residence on a ,081
acre lot. 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 developed site; and sensitive biological
resources do not exist on site.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that there are no public recreation or access requirements for
the property.
3. 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 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.
4. 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 15301 - (demolition of a
single-family residence) and 15303 (construction of a 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.
5. 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.
6. 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
PC RES0 NO. 5746 -2-
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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
grading permit or building 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 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.
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 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 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 2 1.201.2 10 of the Zoning Ordinance.
Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
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 the issuance of the grading 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. 5746 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.
The project is approved as one-dwelling unit at 12.37 dwelling units per acre.
PC RES0 NO. 5746 -4-
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16. No 220-volt electrical circuit or gas outlet shall be located within the first floor
"wetbar" area and surrounding rooms. A note to this effect shall be noted on the
building plans.
Engineering
General
17. 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.
18. 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
19. 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.
20. 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
2 1. 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.
22. 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 modi@ 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.
Dedicationsfimprovements
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Developer shall comply with the City's requirements of the National Pollutant Discharge
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Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
"California Storm Water Best Management Practices Handbook" to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
24. Developer shall utilize the existing sewer and water laterals to serve the proposed
residence as shown on the site plan. If the laterals require relocation to avoid
unforeseen circumstances, Developer is responsible to bear all costs associated with
the relocation(s).
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
25. 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.
26. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
27. 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
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NOTICE
Please take NOTICE that approval of your project inclucles 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 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 15th day of December 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Dominguez,
Heineman, Montgomery, and Segall,
NOES: Commissioner Cardosa
ABSENT:
ABSTAIN:
/FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOBMILKER
Planning Director
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