HomeMy WebLinkAbout2005-06-01; Planning Commission; Resolution 59011
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PLANNING COMMISSION RESOLUTION NO. 5901
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT CDP 04-57 TO ALLOW
FOR THE DEMOLITION OF AN EXISTING SINGLE-FAMILY
RESIDENCE (EXCEPT FOR 435 SQUARE FEET WHICH WILL
REMAIN AND BE CONVERTED INTO A DETACHED POOL
FAMILY RESIDENCE ON A 55,426 SQUARE FOOT LOT
LOCATED AT 2359 PI0 PIC0 DRIVE BETWEEN LAS
FLORES DRIVE AND YOURELL DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: SOHAEI RESIDENCE
CABANA) AND THE CONSTRUCTION OF A SINGLE-
CASE NO.: CDP 04-57
WHEREAS, Frank & Lori Sohaei, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
The northerly 145 feet of the southerly 285 feet of the easterly
382 feet of that portion of tract 7 of Laguna Mesa Tracts, in the
City of Carlsbad, County of San Diego, State of California,
according to map thereof no. 1719, filed in the Office of the
County Recorder of San Diego County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits bbA” - “G” dated June 1, 2005, on file in the
Planning Department, SOHAEI RESIDENCE - CDP 04-57 as provided by Chapter 21.201.040
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of June 2005, 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)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES SOHAEI RESIDENCE - CDP 04-57 based on the following
findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
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 June 1,2005 including, but not limited to the following: That the
General Plan for the property is Residential Low-Medium (RLM). The RLM
designation allows residential development at a density range of 0 - 4.0 units with a
growth control point of 3.2 units per acre. The project's proposed density is .79
dwelling units per acre and is within the range for the RLM land use designation.
The General Plan provides for the placement of "a one-family home on any legal lot
that existed as of October 28, 2004, and which is designated and zoned for
residential use." The replacement of a single unit with another is allowed.
That the proposed development is in conformake with the Certified Local Coastal
Program and all applicable policies in that the project consists of the demolition of an
existing single-family residence (leaving a portion of the house for a detached
cabana) and the construction of a new 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 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.
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 (JURMP) 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.
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(1)(1) (demolition of
a single-family residence in an urbanized area) and 15303(a) (construction of a
single-family residence in an urbanized area) of the state CEQA Guidelines. In
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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.
6. 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).
7. 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.
8. 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 Overlay
Zone (chapter 21.204 of the Zoning Ordinance).
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 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 the 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 further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; 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.
2.
PC RES0 NO. 5901
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
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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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. 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.
5. 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 fiom 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.
6. 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.
7. 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.
8. If building permits are not issued within two years of the demolition of the existing
residential structure, 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 fiom
time to time.
9. 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 21.201.210 of the Zoning Ordinance.
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10. Prior to the issuance of the Coastal Development 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
Resolutions No. 5901 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.
Engineering:
General
11. 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.
12. 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
13.
14.
15.
Developer shall cause property owner to enter into a Neighborhood Improvement
Agreement with the City for the future public improvement of Pi0 Pic0 Drive along the
property frontage for a half street width of thirty (30) feet. Public improvements shall
include but are not limited to (Paving, base, sidewalks, curbs and gutters, medians,
grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water,
fire hydrants, street lights, retaining walls, reclaimed water and assessment Engineering
costs).
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.
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.
DedicationdImprovements
16.
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Developer shall cause property owner to execute, record and submit a recorded
copy to the City Engineer, a deed restriction on the property which restricts any
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17.
18.
permanent structure from being constructed in the southerly thirty (30) feet along
the property line in anticipation of future development of site. The deed restriction
document shall be in a form acceptable to the City Engineer.
Developer shall cause Owner to make an irrevocable offer of dedication to the City andor
other appropriate entities for all public streets and other easements shown on the site plan.
The offer shall be made by a separate document. All land so offered shall be offered free
and clear of all liens and encumbrances and without cost. Streets that already public are
not required to be rededicated.
Developer shall comply with the City's requirements of the National Pollutant Discharge
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 notifling prospective owners and tenants of
the following:
A.
B.
C.
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.
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 .
Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Water
19. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Dieno County Water
Authorit, capacit, charge(s1 prior to issuance of Building Permits.
20. 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.
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PC RES0 NO. 5901 -6-
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Code Reminders:
21.
22.
23.
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.
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.
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.
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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 1st day of June 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
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