Loading...
HomeMy WebLinkAbout2006-06-07; Planning Commission; Resolution 60811 PLANNING COMMISSION RESOLUTION NO. 6081 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 05-38 TO ALLOW FOR THE 4 ADDITION OF 1,633 SQUARE FEET OF FIRST AND SECOND 5 FLOOR LIVING AREA TO AN EXISTING SINGLE-FAMILY RESIDENCE ON PROPERTY LOCATED AT 5029 TIERRA 6 DEL ORO STREET WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL 7 FACILITIES MANAGEMENT ZONE 3. CASE NAME: BAGNALL RESIDENCE 8 CASE NO.: CDP 05-38 9 WHEREAS, Maxwell Wuthrich AIA, "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by Michael and Emily Bagnall, 12 "Owner," described as 13 Lot 11 of Tierra Del Oro Subdivision, in the City of Carlsbad, County of San Diego, State of California, according to Map 14 thereof No. 3052, filed in the Office of the County Recorder of San Diego County, February 4,1954 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Coastal 18 Development Permit as shown on Exhibits "A" - "E" dated June 7, 2006, on file in the 19 Planning Department, BAGNALL RESIDENCE - CDP 05-38 as provided by Chapter 20 21.201.040 of the Carlsbad Municipal Code; and 21 22 WHEREAS, the Planning Commission did, on the 7th day of June 2006, hold a 23 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. 27 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 BAGNALL RESIDENCE - CDP 05-38 based on the following findings and subject to the following conditions:4 5 Findings; 5 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the site is designated for single-family 7 residential development and the development consists of an addition to an existing one-story, single-family residence on a .37 acre lot. The development is consistent ° with the Mello II land use designation of RLM/OS; no agricultural activities, sensitive resources, geological instability, flood hazard or vertical coastal access opportunities exist onsite and the development does not obstruct views of the 10 coastline as seen from public lands or public right-of-way or otherwise 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 12 of the Coastal Act in that the property is located adjacent to the shore, however, there are no opportunities for vertical coastal access or recreational activities from the subject site. There are existing public beach access points located to the north and 14 south of the site and a private beach access for Terra Mar residents on Shore Drive, one block south of the project site. Therefore, the project will not interfere with the public's right to physical access to the sea. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard 18 Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban run off, pollutants and soil 19 erosion. No development is proposed in areas of steep slopes and no 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. The new addition will not 21 encroach west of the existing residence and will not be adjacent to any steep slopes. 22 4. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that the project will provide 23 the public with the right of lateral access to a minimum of twenty-five feet of dry ?. sandy beach at all times of the year. 25 5. 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 26 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301(e) (addition to an existing single-family residence) 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. 6081 -2- 6. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X 2 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 3 Ordinance). 4 7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 3 and all City public facility policies and 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 7 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, 9 A. The project has been conditioned to provide proof from the Carlsbad Unified 10 School District that the project has satisfied its obligation for school facilities. 11 B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of a building permit. ,., 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 14 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. 15 Conditions:16 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 18 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 21 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 22 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. 24 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 25 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 development different from this approval, shall require an amendment to this approval. 2g 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. PCRESONO. 6081 -3- 4. If any condition for construction of any public improvements or facilities, or the payment 2 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 3 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 ^ all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 6 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 7 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- 9 discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including 10 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 j2 validated. 13 6. Prior to the issuance of a building permit, the applicant shall comply with the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning 14 Ordinance), and dedicate a lateral access to a minimum of twenty-five feet of dry sandy beach at all times of the year to the California Coastal Commission or their designee as agreed to with the California Coastal Commission. 16 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 17 the Site Plan reflecting the conditions approved by the final decision making body. I O 8. Prior to the issuance of a building permit, the Developer shall provide proof to the ^9 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 20 9. This project shall comply with all conditions and mitigation measures, which are required 21 as part of the Zone 3 Local Facilities Management Plan and any amendments made to that 22 Plan prior to the issuance of building permits. 23 10. 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 24 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. 26 11. The applicant shall apply for and be issued building permits for this project within two 27 (2) years of approval or this Coastal Development Permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance.28 PCRESONO. 6081 -4- 12. Prior to the issuance of the Building Permit, Developer shall submit to the City a Notice 2 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 3 City of Carlsbad has issued a Coastal Development Permit by Resolution No. 6081 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, 6 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 7 Engineering8 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 10 for the proposed haul route. 11 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. 13 15. Prior to approval of any grading or building permits for this project, Developer shall 14 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 additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. 17 16. Developer shall cause Owner to make an irrevocable offer of dedication to the City for the public drainage easement shown on the SITE PLAN. The offer shall be made by a 19 SEPARATE RECORDED DOCUMENT. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not 20 required to be rededicated. 21 Code Reminders; 22 17. Approval of this request shall not excuse compliance with all applicable sections of the 23 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 24 18. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 25 Code Section 18.04.320. 26 27 28 PCRESONO. 6081 -5- 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 7th day of June 2006, by the following vote, to wit: AYES: NOES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Segall, and Whitton ABSENT: Commissioner Heineman ABSTAIN: MARTELL B. MON|GOMER] CARLSBAD PLANNING COJ hairperson ISSION DON NEU Assistant Planning Director PCRESONO. 6081 -6-