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HomeMy WebLinkAbout2005-11-16; Planning Commission; Resolution 59911 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5991 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PARTIALLY DEMOLISH AND ALLOW FOR THE REDEVELOPMENTREHABILITATION OF AN EXISTING SINGLE FAMILY RESIDENCE ON A 3,141 SQUARE FOOT LOT LOCATED AT 2445 MOUNTAIN VIEW DRIVE BETWEEN PACIFIC AVENUE AND NORMANDY LANE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: MULLINS REMODEL COASTAL DEVELOPMENT PERMIT CDP 04-60 TO CASE NO.: CDP 04-60 WHEREAS, Karnak Planning & Design, Inc, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Wally and Linda Mullins, “Owner,” described as Lot 28 Granville Park, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1782, filed in the Office of the County Recorder of San Diego County, February 21,1924 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “K” dated November 16,2005, on file in the Planning Department, MULLINS REMODEL - CDP 04-60 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of November 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: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and-correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES MULLINS REMODEL - CDP 04-60 based on the following findings and subject to the following conditions: Findinm: 1. 2. 3. 4. 5. 6. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project consists of the partial demolition and redevelopmenthehabilitation of an existing single-family residence 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 ftom the requirement for the preparation of environmental documents pursuant to pursuant to Sections 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 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 not located in the Coastal Agricultural 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). 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 PC RES0 NO. 5991 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 7. 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 21.201 of the Zoning Ordinance). 8. 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 this 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. 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. 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 PC RES0 NO. 5991 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. ... 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. 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. 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 1.201.2 10 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 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, notifling all interested parties and successors in interest that the City of Carlsbad has issued a Coastal Development Permit by Resolution No. 5991 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. PC RES0 NO. 5991 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Enhneerine: 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. FeedAgreements 12. 13. 14. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the City for the future public improvement of Mountain View 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. Dedications/Improvements 15. 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. Prior to building permit issuance, five feet along Mountain View Drive shall be dedicated by separate document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that are already public are not required to be rededicated. 16. 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 notifying prospective owners and tenants of the following: PC RES0 NO. 5991 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Code Reminders: 17. 18. 19. 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. 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 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. PC RES0 NO. 5991 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of November 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Whitton NOES: ABSENT: ABSTAIN: 3 JEFFRE . SEGALL, airperson CARLSBAD PLANNING COMMISSION ATTEST: n DON NEU Assistant Planning Director PC RES0 NO. 5991 -7-