HomeMy WebLinkAbout2006-01-18; Planning Commission; Resolution 60161 PLANNING COMMISSION RESOLUTION NO. 6016
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 05-17 TO ALLOW FOR THE
4 DEMOLITION OF AN EXISTING SINGLE-FAMILY
s RESIDENCE AND THE CONSTRUCTION OF A SINGLE-
FAMILY RESIDENCE ON A 4,300 SQUARE FOOT LOT
6 LOCATED AT 184 CHESTNUT AVENUE ON THE
NORTHWEST CORNER OF CHESTNUT AVENUE AND
7 GARFIELD STREET WITHIN THE MELLO II SEGMENT OF
THE LOCAL COASTAL PROGRAM (LCP) AND LOCAL
8 FACILITIES MANAGEMENT ZONE 1.
9 CASE NAME: MARCY RESIDENCE
CASE NO.: CDP 05-17
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WHEREAS, Aaron and Diane Marcy, "Developer/Owner," has filed a verified
, 2 application with the City of Carlsbad regarding property described as
13 Lot 8 of Block B of Palisades, in the City of Carlsbad, County
of San Diego, State of California, according to Map thereof No.
14 1747, filed in the Office of the County Recorder of San Diego
County, February 5,1923
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Coastal
18 Development Permit as shown on Exhibits "A" - "H" dated January 18, 2006, on file in the
19 Planning Department, MARCY RESIDENCE - CDP 05-17 as provided by Chapter 21.201.040
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of the Carlsbad Municipal Code; and
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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 Planning28
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 MARCY RESIDENCE - CDP 05-17 based on the following
findings and subject to the following conditions:
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c 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 demolition of an
7 existing single-family residence and the construction of a new single-family
residence on a previously subdivided lot designated for residential development; no
° agricultural activities, sensitive resources, geological instability, flood hazard or
o 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
10 damage the visual beauty of the coastal zone.
11 2. 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 publics' right to physical access to the sea and
i o the site is not suited for water-oriented recreation activities.
14 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
15 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 runoff, pollutants
17 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
18 accelerated erosion, floods or liquefaction.
19 4. 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
20 provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
21 Ordinance).
22 5. 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
23 Zone (Chapter 21.201 of the Zoning Ordinance).
24 6. 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
26 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
27 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.
PCRESONO. 6016 -2-
7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
2 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
3 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,
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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.
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B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
9 collected prior to the issuance of building permit.
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8. 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 January 18, 2006 including, but not limited to the following:
i-> a. Land Use - The project is consistent with the City's General Plan even
though the proposed density of 11 du/ac is not within the density range of 15
14 - 23 du/ac and is below the Growth Management Control Point density (19
du/ac) specified for the site as indicated in the Land Use Element of the
General Plan, which is used for the purpose of calculating the City's
., compliance with Government Code Section 65584. However, the Land Use
Element of the General Plan allows for exceptions to the minimum density of
17 the underlying land use designation when a single, one-family dwelling is
constructed on a legal lot that existed as of October 28,2004. Nonetheless, the
18 project is consistent with Program 3.8 of the City's certified Housing
Element, all of the dwelling units which were anticipated toward achieving
the City's share of the regional housing need that are not utilized by
2Q developers in approved projects are deposited in the City's Excess Dwelling
Unit Bank. These excess dwelling units are available for allocation to other
21 projects. Accordingly, there is no net loss of residential unit capacity and
there are adequate properties identified in the Housing Element allowing
residential development with a unit capacity, including second dwelling
«- units, adequate to satisfy the City's share of the regional housing need.
24 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
25 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.
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Conditions:
2g Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
a building permit.
PCRESONO. 6016 -3-
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2 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
3 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
4 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
6 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.
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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
9 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
10 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
, 2 regulations in effect at the time of building permit issuance.
13 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
14 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
15 all requirements of law.
17 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
in 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,
20 (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)
21 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
23 all legal proceedings have been concluded and continues even if the City's approval is not
validated.
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6. 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.
26 7. Prior to the issuance of a building permit, the Developer shall provide proof to the
27 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.28
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8. This project shall comply with all conditions and mitigation measures, which are required
2 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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9. 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
c 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
6 facilities will continue to be available until the time of occupancy.
7 10. 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 21.201.210 of the Zoning Ordinance.
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11. Prior to the issuance of the Coastal Development Permit, Developer shall submit to the
10 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. 6016 on the property. Said Notice of Restriction shall note the property
description, location of the file containing complete project details and all conditions of
13 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.
16 Engineering:
17 General
I O 12. Prior to hauling dirt or construction materials to or from any proposed construction site
i o within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
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13. 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.
23 14. Developer shall submit to the City Engineer, a reproducible 24" x 36" mylar copy of the
preliminary grading plans. The reproducible copy shall be submitted to the City
24 engineer, reviewed and, if acceptable, signed by the City's project engineer and project
planner prior to submittal of the building plans, final map, improvement or grading plans,
whichever occurs first.
26 15. Prior to approval of any grading or building permits for this project, Developer shall
27 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
PCRESONO. 6016 -5-
additional Street Lighting and Landscaping District. Said written consent shall be
2 on a form provided by the City Engineer.
3 Code Reminders:
4 16. Developer shall exercise special care during the construction phase of this project to
5 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
6 of the City Engineer.
7 17. 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.
9 18. The Developer shall install potable water services and meters at a location approved by
10 the District Engineer. The locations of said services shall be reflected on public
improvement plans.11
12 19. 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
13 improvement plans.
14 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
16 occupancy.
21. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
17 Code Section 18.04.320.
1K 22. Approval of this request shall not excuse compliance with all applicable sections of the
i n 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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21 NOTICE
22 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
23 "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
25 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
26 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
2' annul their imposition.
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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 Baker, Cardosa,
Dominguez, Heineman, Segall and Whitton
ABSENT:
ABSTAIN:
MARTELL B. MUN IGUMhiKY Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
Assistant Planning Director
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