HomeMy WebLinkAbout2006-01-18; Planning Commission; Resolution 60091 PLANNING COMMISSION RESOLUTION NO. 6009
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT CDP 05-21 TO ALLOW
4 FOR THE CONSTRUCTION OF A NEW SINGLE-FAMILY
5 RESIDENCE ON A 15,127 SQUARE FOOT LOT LOCATED ON
THE EAST SIDE OF HIGHLAND DRIVE BETWEEN PARK
6 DRIVE AND ADAMS STREET WITHIN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN
7 LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: KELLAS RESIDENCE
8 CASE NO.: CDP 05-21
9
WHEREAS, Bill & Laurie Kellas, "Developer," has filed a verified application
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with the City of Carlsbad regarding property owned by McKenna Capital, "Owner," described
12 as
13 Parcel B of Parcel Map No, 11174, in the City of Carlsbad,
County of San Diego, State of California, according to Map
14 thereof, filed in the Office of the County Recorder of San Diego
County, April 7,1981
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Coastal
I Q Development Permit as shown on Exhibits "A" -"F" dated January 18, 2006, on file in the
19 Planning Department, KELLAS RESIDENCE - CDP 05-21 as provided by Chapter
20
21.201.040 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 18th day of January, 2006,
23 hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26 relating to the CDP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES KELLAS RESIDENCE - CDP 05-21 based on the following
findings and subject to the following conditions:
4
r Findings;
6 1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the project consists of the construction of a
7 single-family residence on a vacant previously subdivided and graded lot; no
significant agricultural uses, sensitive resources, geological instability, flood hazard
° or coastal access opportunities exist onsite and the development does not obstruct
n views of the coastline as seen from public lands or public right-of-way or otherwise
damage the visual beauty of the coastal zone.
10
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
11 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.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
14 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,
15 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
jy subject property and the site is not located in an area prone to landslides, or
susceptible to accelerated erosion, floods or liquefaction.
18
4. That the Planning Director has determined that the project belongs to a class of projects
19 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(a) (construction of a
21 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
22 Section 15300.2 of the state CEQA Guidelines do not apply to this project.
23 5. This 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
25 Ordinance).
26 6. 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
27 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
PC RESO NO. 6009 -2-
project will be installed to serve new development prior to or concurrent with need.
2 Specifically,
3 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.
4
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,
7 therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.201 of the Zoning Ordinance).
8
8. The Planning Commission has reviewed each of the exactions imposed on the Developer
9 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:
12
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
13 a grading permit or building permit whichever comes first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
15 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
16 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
1' issued under the authority of approvals herein granted; record a notice of violation on the
i o 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
19 or a successor in interest by the City's approval of this Coastal Development Permit.
20 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.
22 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
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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.
25 4. If any condition for construction of any public improvements or facilities, or the payment
26 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
27 66020. If any such condition is determined to be invalid this approval shall be invalid
9R unless the City Council determines that the project without the condition complies with
all requirements of law.
PC RESO NO. 6009 -3-
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
3 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-
c discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
6 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.8
9 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
10 obligation to provide school facilities.
7. The project shall comply with all conditions and mitigation measures which are required
12 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
13
8. 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.
16 9. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
17
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
19 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
20 Resolutions No. 6009 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
23 the Developer or successor in interest.
24 11. 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
26 planted within 60 days of initial disturbance and prior to October 1 with temporary or
permanent (in the case of finished slopes) erosion control methods. The October 1
27 grading season deadline may be extended with the approval of the City Engineer subject
to implementation by October 1 of erosion control measures designed to prohibit
discharge of sediments offsite during and after the grading operation is completed.
Extensions beyond November 15 may be allowed in areas of very low risk of impact to
PC RESO NO. 6009 -4-
sensitive coastal resources and may be approved either as part of the original coastal
2 development permit or as a formal amendment to an existing coastal development permit.
3 12. At issuance of building permits, the Developer shall pay to the City an inclusionary
housing in lieu fee as an individual fee on a per market rate dwelling unit basis in the
amount in effect at the time, as established by the City Council Resolution from time to
time.
Engineering:
7 13. 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
8 for the proposed haul route.
14. 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.
15. Prior to approval of any grading or building permits for this project, Developer shall
12 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
, 4 additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
15 16. Based upon a review of the proposed grading and the grading quantities shown on the site
16 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.
18 17. No grading for private improvements shall occur outside the limits of this approval unless
19 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
20 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 Engineering and
Planning Director.
23
18. Developer shall comply with the City's requirements of the National Pollutant Discharge
24 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
26 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.
27 Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:28
PCRESONO. 6009 -5-
A. All owners and tenants shall coordinate efforts to establish or work with
2 established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
3
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
4 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,
6 herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
7 containers.
Q
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
9 when planning any changes to the landscaping and surface improvements.
10 19. Developer will need to provide a copy of the recorded private water line easement
for the property located at the rear of subject property.
11
Code Reminders:12
,., 20. 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
14 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
15
21. 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
j 7 Authority capacity charge(s) prior to issuance of Building Permits.
18 22. The Developer shall install potable water services and meters at a location approved by
the District Engineer. The locations of said services shall be reflected on public1Q • i1J improvement plans.
20 23. The Developer shall install sewer laterals and clean-outs at a location approved by the
21 District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
22
24. 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
24 determined that adequate water and sewer facilities are available at the time of
occupancy.
25
25. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
26 Code Section 18.04.320.
27
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PCRESONO. 6009 -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 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 18th day of January 2006, by the
following vote, to wit:
AYES:
NOES:
Chairperson Montgomery, Commissioners Cardosa, Heineman,
Montgomery, Segall, and Whitton
ABSENT: Commissioners Baker and Dominguez
ABSTAIN:
MARTELL B. MONTGO1
CARLSBAD PLANNING COMMIS!
OTEST:
erson
ION
DON NEU
Assistant Planning Director
PC RESO NO. 6009 -7-