HomeMy WebLinkAbout2006-06-21; Planning Commission; Resolution 61041 PLANNING COMMISSION RESOLUTION NO. 6104
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 05-18 TO DEMOLISH AN
4 EXISTING SINGLE-FAMILY RESIDENCE AND DETACHED
5 GARAGE AND CONSTRUCT FOUR (4) RESIDENTIAL AIR-
SPACE CONDOMINIUMS ON A .32 ACRE SITE ON
6 PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF ACACIA AVENUE BETWEEN CARLSBAD BOULEVARD
7 AND GARFIELD STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
8 CASE NAME: ACACIA ESTATES
9 CASE NO.: CDP 05-18
10 WHEREAS, Frank Wilkinson, "Applicant," has filed a verified application with
the City of Carlsbad regarding property owned by Acacia Estates, LLC, "Owner," described as
12 Lots F and H in block 1, of Palisades Heights, in the City of
13 Carlsbad, County of San Diego, State of California, according
to Map thereof No. 1777, in the Office of the County Recorder
14 of San Diego County, January 11,1924
15 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Coastal
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Development Permit as shown on Exhibits "A" - "J" dated June 21, 2006, on file in the
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! 9 Planning Department, ACACIA ESTATES - CDP 05-18 as provided by Chapter 21.201.040 of
20 the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on the 21st day of June 2006, hold a
22 duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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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
2° Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES ACACIA ESTATES - CDP 05-18 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 four 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..
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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 21.203 of the Zoning Ordinance) in that the project will adhere to the
City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
14 Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban run off, pollutants and soil
15 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. This project is not located in the Coastal Agricultural Overlay Zone, according to Map X
18 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
19 Ordinance).
20 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
Zone (Chapter 21.204 of the Zoning Ordinance).
22 6. That the Planning Director has determined that the project belongs to a class of projects
23 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
24 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
26 Guidelines do not apply to this project.
27 7. 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
28 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
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and treatment; water; drainage; circulation; fire; schools; parks and other recreational
2 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.
3 Specifically,
4 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.
g 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.
7 8. The Planning Commission has reviewed each of the exactions imposed on the Developer
8 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.
Conditions;
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map.
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1. If any of the following conditions fail to occur; or if they are, by their terms, to be
1-* implemented and maintained over time, if any of such conditions fail to be so
I. 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
15 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
16 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.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
19 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
2} development different from this approval, shall require an amendment to this approval.
22 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.
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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
25 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
26 unless the City Council determines that the project without the condition complies with
all requirements of law.
2g 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
PCRESONO. 6104 -3-
representatives, from and against any and all liabilities, losses, damages, demands, claims
2 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,
3 (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)
4 Developer/Operator's installation and operation of the facility permitted hereby, including
c- 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
6 all legal proceedings have been concluded and continues even if the City's approval is not
validated.
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6. This approval is granted subject to the approval of SDP 05-07 and is subject to all
conditions contained in Planning Commission Resolution No. 6103 for those other
9 approvals incorporated herein by reference.
10 7. This approval is granted subject to the approval of Minor Subdivision MS 05-09 and
Condominium Permit CP 05-07 and is subject to all conditions contained in the
administrative approval documents for those other approvals incorporated herein by
reference.
13 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
14 Section 21.201.210 of the Zoning Ordinance.
15 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."
19 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
20 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
22 annul their imposition.
23 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
26 expired.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on the 21st day of June 2006, by the
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following vote, to wit:4
AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
6 Dominguez, Heineman, Segall, and Whitton
7 NOES:
8 ABSENT:
9 ABSTAIN:
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13 MARTELL B. MONTJbMERY^Fairperson
CARLSBAD PLANNING COMMISSION
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15 ATTEST:
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DON NEU1 81 ° Assistant Planning Director
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