HomeMy WebLinkAbout2006-03-01; Planning Commission; Resolution 60321 PLANNING COMMISSION RESOLUTION NO. 6032
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 05-22 TO ALLOW FOR THE
4 CONSTRUCTION OF A SPLIT-LEVEL, SINGLE-FAMILY
5 RESIDENCE ON A .24-ACRE LOT LOCATED ON THE
SOUTHWEST CORNER OF TAMARACK AVENUE AND
6 SHERIDAN PLACE WITHIN THE MELLO II SEGMENT OF
THE LOCAL COASTAL PROGRAM (LCP) AND LOCAL
7 FACILITIES MANAGEMENT ZONE 1.
CASE NAME: MILLS RESIDENCE
8 CASE NO.: CDP 05-22
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WHEREAS, Christina L. Campbell, "Developer/Applicant," has filed a verified
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application with the City of Carlsbad regarding property described as
The Northwesterly 220 feet of the Northeasterly half of the following
described property:
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That portion of Tract 232 of Thum Lands, according to Map thereof No.
1681 filed in the office of the County Recorder of San Diego County,
December 9,1916 described as follows:
15 Commencing at the point of intersection of the center line of Tamarack
Avenue and Jefferson Street; thence along the center line of Tamarack
17 Avenue South 61° 21' West 600.5 feet to the point of beginning; thence
South 28° 39' East 381.5 feet, to the Northwesterly line of a parcel
conveyed to Alex Labeta and Manuela Labeta by the South Coast Land
Company by deed dated May 3,1924; thence along the Northwesterly line
of said Labeta parcel South 61° 21' West 110 feet to the Southwesterly
20 corner of a parcel of land described in deed to James O. Taylor and wife,
recorded in Book 763 Page 446 of Official Records; thence North 28° 39'
West along the Westerly line of said parcel, 381.5 feet to a point on the
center line of Tamarack Avenue; thence along the center line of
Tamarack Avenue, North 61° 21' East a distance of 110.00 feet to the
23 point of beginning.
24 Said Northwesterly 220 feet being measured from the center line of
Tamarack Avenue.25
26 ("the Property"); and
27 WHEREAS, said verified application constitutes a request for a Coastal
28 Development Permit as shown on Exhibits "A" - "D" dated March 1, 2006, on file in the
1 Planning Department, MILLS RESIDENCE - CDP 05-22 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 1st day of March 2006, hold a
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<- duly noticed public hearing as prescribed by law to consider said request; and
6 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
8 relating to the CDP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:11
, 2 A) That the foregoing recitations are true and correct.
13 B) That based on the evidence presented at the public hearing, the Commission
APPROVES MILLS RESIDENCE - CDP 05-22 based on the following
14 findings and subject to the following conditions:
Findings;
16 That the proposed development is in conformance with the Certified Local Coastal
17 Program and all applicable policies in that the project consists of the construction of a
split-level, single-family residence on a previously disturbed vacant infill lot; no
agricultural activities, sensitive resources, native vegetation, steep slopes, geological
1Q 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
20 public right-of-way or otherwise damage the visual beauty of the coastal zone.
21 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
the site is not suited for water-oriented recreation activities.
24 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
25 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance,
Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban
2° 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
2g susceptible to accelerated erosion, floods or liquefaction.
PC RESO NO. 6032 -2-
4. That the Planning Director has determined that the project belongs to a class of projects
2 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
3 preparation of environmental documents pursuant to Section 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.
5. 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
7 provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).8
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
10 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
11 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,
14 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.
1 , 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.
17 7. The project is not located between the sea and the first public road parallel to the sea and,
18 therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.201 of the Zoning Ordinance).
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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.
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Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
a building permit.
25 1. If any of the following conditions fail to occur; or if they are, by their terms, to be
26 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
PC RESO NO. 6032 -3-
conditions or seek damages for their violation. No vested rights are gained by Developer
2 or a successor in interest by the City's approval of this Coastal Development Permit.
3 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
4 them internally consistent and in conformity with the final action on the project.
5 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
7 regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment
9 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
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
1 * all requirements of law.
12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
14 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-
15 discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
17 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
i Q validated.
20 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.
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~~ 7. 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
23 obligation to provide school facilities.
24 g. 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.
26 9. Building permits will not be issued for this project unless the local agency providing
27 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.
PC RESO NO. 6032 -4-
10. The applicant shall apply for and be issued building permits for this project within two
2 (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
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
6 Resolution No. 6032 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
9 the Developer or successor in interest.
10 Engineering:
12. Prior to hauling dirt or construction materials to or from any proposed construction site
19 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
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13. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
14. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
other appropriate entities for all public streets and other easements shown on the site plan.
The offer shall be made by separate recorded document. All land so offered shall be
17 offered free and clear of all liens and encumbrances and without cost. Streets that are
already public, are not required to be rededicated.
15. 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
20 Authority capacity charge(s) prior to issuance of Building Permits.
21 16. The Developer shall install potable water services and meters at a location approved by
the District Engineer.
23 17. The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer.
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18. This project is approved upon the express condition that building permits will not be
25 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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Code Reminders:
2 19. Developer shall exercise special care during the construction phase of this project to
3 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.
20. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
6 Code Section 18.04.320.
21. 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.
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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 1st day of March 2006, by the
following vote, to wit:
AYES:
NOES:
Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, and Whitton
ABSENT: Commissioner Segall
ABSTAIN:
MARTELL B. MONT^OMERY^lairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PCRESONO. 6032 -7-