HomeMy WebLinkAbout2006-01-18; Planning Commission; Resolution 60191 PLANNING COMMISSION RESOLUTION NO. 6019
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 05-25 TO DEMOLISH THREE
4 (3) DWELLING UNITS AND CONSTRUCT TWO (2)
- RESIDENTIAL AIR-SPACE CONDOMINIUMS ON A .13
ACRE SITE ON PROPERTY GENERALLY LOCATED ON
6 THE NORTH SIDE OF HEMLOCK AVENUE BETWEEN
CARLSBAD BOULEVARD AND GARFIELD STREET IN
7 LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: HEMLOCK CONDOS
8 CASE NO.: CDP 05-25
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WHEREAS, Ed Mullen, "Applicant," has filed a verified application with the
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City of Carlsbad regarding property owned by Khanna Makhachev, "Owner," described as
^2 Lot 6 in Block E of Palisades, in the City of Carlsbad, County
of San Diego, State of California, according to map thereof No.
13 1747, filed in the Office of the County Recorder of San Diego
County, February 5,1923
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("the Property"); and
16 WHEREAS, said verified application constitutes a request for a Coastal
17 Development Permit as shown on Exhibits "A" - "M" dated January 18, 2006, on file in the
1 O1 ° Planning Department, HEMLOCK CONDOS - CDP 05-25 as provided by Chapter 21.201.040
19 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 18th day of January, 2006,
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~~ hold a duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25 relating to the CDP.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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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 Commission
2 APPROVES HEMLOCK CONDOS - CDP 05-25 based on the following
findings and subject to the following conditions:
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Findings;4
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
5 two residential air-space condominiums on a previously subdivided and graded lot;
no agricultural activities, geological instability, flood hazard or coastal access
7 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.
9 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
10 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
11 the site is not suited for water-oriented recreation activities.
12 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,
14 Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban
Runoff Management Program (JURMP) to avoid increased urban run off,
15 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.
17 4. That the Planning Director has determined that the project belongs to a class of projects
1 g 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
19 preparation of environmental documents pursuant to Section 15332 (in-fill development
projects) 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
21 Guidelines do not apply to this project.
22 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
23 provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).24
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
26 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
27 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
2 School District that the project has satisfied its obligation for school facilities.
3 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.
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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
f Zone (Chapter 21.201 of the Zoning Ordinance).
7 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
8 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:
11 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map.
12 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
13 implemented and maintained according to their terms, the City shall have the right to
, 4 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
15 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
16 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.
18 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
19 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.
21 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
22 regulations in effect at the time of building permit issuance.
23 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
25 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
26 all requirements of law.
27 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
2g harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
PCRESONO. 6019 -3-
and costs, including court costs and attorney's fees incurred by the City arising, directly
2 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-
3 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.
6. This approval is granted subject to the approval of SDP 05-09 and CP 05-10 and is
subject to all conditions contained in Planning Commission Resolutions No. 6017 and
6018 for those other approvals incorporated herein by reference.
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7. This approval is granted subject to the approval of Minor Subdivision MS 05-19 and is
10 subject to all conditions contained in the City Engineer's approval letter for those other
approvals incorporated herein by reference.
12 8. 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
13 Section 21.201.210 of the Zoning Ordinance.
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1 NOTICE
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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
g annul their imposition.
9 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
12 expired.
13 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:
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AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall and Whitton
18 NOES:
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ABSENT:
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ABSTAIN:
vrti
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23 MARTELL B. MONTGOMERY, C^lrperson
CARLSBAD PLANNING COMMISSION
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27 DON NEU
Assistant Planning Director28
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