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HomeMy WebLinkAbout2006-05-17; Planning Commission; Resolution 60281 PLANNING COMMISSION RESOLUTION NO. 6028 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 05-09 TO DEMOLISH A 4 SINGLE-FAMILY DWELLING UNIT AND CONSTRUCT 5 FOUR (4) RESIDENTIAL AIRSPACE CONDOMINIUMS ON A 0.26-ACRE SITE ON PROPERTY GENERALLY LOCATED ON 6 THE NORTHEAST CORNER OF CARLSBAD BOULEVARD AND HEMLOCK AVENUE IN THE MELLO II SEGMENT OF 7 THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 8 CASE NAME: PACIFIC SUNSET CONDOMINIUMS 9 CASE NO.: CDP 05-09 10 WHEREAS, John S. Beery, Architect, "Applicant," has filed a verified application with the City of Carlsbad regarding property owned by John Zathas, "Owner," 12 described as 13 Lots 4 and 5 in Block E of Palisades, in the City of Carlsbad, 14 County of San Diego, State of California, according to map 15 thereof No. 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 Coastal18 19 Development Permit as shown on Exhibits "A" - "L" dated May 17, 2006, on file in the 20 Planning Department, PACIFIC SUNSET CONDOMINIUMS - CDP 05-09 as provided by 21 Chapter 21.201.040 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on the 1st day of March, 2006, the 23 15th day of March, 2006, and on the 17th day of May, 2006, hold a duly noticed public hearing 24 as prescribed by law to consider said request; and 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the CDP. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 B) That based on the evidence presented at the public hearing, the Commission APPROVES PACIFIC SUNSET CONDOMINIUMS - CDP 05-09 based on the following findings and subject to the following conditions: Findings: ° 1. That the proposed development is in conformance with the Certified Local Coastal n Program and all applicable policies in that the project consists of the demolition of one single-family dwelling and the construction of four residential airspace 10 condominiums on a previously developed and graded lot; no agricultural activities, 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. 12 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, 14 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. 15 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 17 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban 18 Runoff Management Program (JURMP) to avoid increased urban runoff, 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. 4. 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 22 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 (in-fill development projects) of the state CEQA Guidelines, hi 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. 25 5. This project is not located in the Coastal Agricultural Overlay Zone, according to Map X 26 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). 28 6. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and PC RESO NO. 6028 -2- ordinances. The project includes elements or has been conditioned to construct or 2 provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 3 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. 7 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. 8 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 12 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;14 15 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of Parcel Map. 16 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 19 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 20 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. 22 Staff is authorized and directed to make, or require the Developer to make, all corrections 23 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 25 development different from this approval shall require an amendment to this approval. 26 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. 27 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 RESO NO. 6028 -3- 66020. If any such condition is determined to be invalid, this approval shall be invalid 2 unless the City Council determines that the project without the condition complies with all requirements of law. 3 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 and costs, including court costs and attorney's fees incurred by the City arising, directly 6 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 7 nondiscretionary, 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 9 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 10 approval is not validated. * * 6. 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 13 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 14 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 sensitive coastal resources and may be approved either as part of the original coastal 17 development permit or as a formal amendment to an existing coastal development permit 1R10 7. This approval is granted subject to the approval of SDP 05-06 and is subject to all 19 conditions contained in Planning Commission Resolution No. 6027 for those other approvals incorporated herein by reference. 20 8. This approval is granted subject to the approval of Minor Subdivision MS 05-12 and Condominium Permit CP 05-05 and is subject to all conditions contained in the administrative approval documents for those other approvals incorporated herein by reference. 23 9. The applicant shall apply for and be issued building permits for this project within two 24 (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 26 27 28 PC RESO NO. 6028 -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 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 17th day of May, 2006, by the following vote, to wit: AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Segall, and Whitton NOES: ABSENT: Commissioner Heineman ABSTAIN: MARTELL B. MONTGOMERY, Cl CARLSBAD PLANNING COMMIJ AJTEST: * •y&U /m DONNEU Assistant Planning Director PCRESONO. 6028 -5-