HomeMy WebLinkAbout2006-10-04; Planning Commission; Resolution 61601 PLANNING COMMISSION RESOLUTION NO. 6160
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE
4 DEMOLITION OF AN EXISTING DUPLEX AND TO
5 CONSTRUCT TWO NEW AIRSPACE CONDOMINIUMS ON A
5,925-SQUARE-FOOT LOT LOCATED ON THE WEST SIDE
6 OF CARLSBAD BOULEVARD, NORTH AND SOUTH OF
SHORE DRIVE, IN THE MELLO II SEGMENT OF THE
7 LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 3.
8 CASE NAME: MCCARTHY RESIDENCE
9 CASE NO.: CDP 05-53
10 WHEREAS, Caroline Dooley, "Developer," has filed a verified application with
the City of Carlsbad regarding property owned by Paul and Susan M. McCarthy, "Owner,"
12 described as
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Lot 39 of Terramar Unit No. 1, in the City of Carlsbad, County
14 of San Diego, State of California, according to Map Thereof
.- No. 3696, filed in the Office of the County Recorder of San
Diego County, September 6,1950
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Coastal
1 o
!9 Development Permit as shown on Exhibits "A" - "F" dated October 4, 2006, on file in the
20 Planning Department, MCCARTHY RESIDENCE - CDP 05-53, as provided by Chapter
21 21.201.040 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 4th day of October, 2006,
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hold a 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
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
27 relating to the CDP.
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 MC CARTHY RESIDENCE - CDP 05-53 based on the following
findings and subject to the following conditions:
4
r Findings;
6 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 demolition of two
7 units and the construction of two new airspace condominiums on an existing lot; no
significant agricultural resources, sensitive biological resources, geological
° instability, flood hazard, or coastal access opportunities exist onsite; and the
o 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
11 of the Coastal Act in that the property is not located adjacent to the shore. Therefore,
the project will not interfere with the public's right to physical access to the sea, and
the site is not suited for water-orientation recreation activities.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
14 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,
15 Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban
Runoff Management Program (JURMP) to avoid increased urban runoff,
pollutants, and soil erosion. No steep slopes or native vegetation are located on the
17 subject property, and the site is not located in an area prone to landslides, or
susceptible to accelerated erosion, floods, or liquefaction.
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4. That the Planning Director has determined that the project belongs to a class of projects
19 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
preparation of environmental documents pursuant to Section 15301(1)(2) (demolition of
21 a duplex or similar multi-family residential structure) and 15303(b) (construction of
a duplex or similar multi-family residential structure totaling no more than four
22 dwelling units) 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
23 CEQA Guidelines do not apply to this project.
5. This project is not located in the Coastal Agricultural Overlay Zone, according to Map X
25 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
26 Ordinance).
27 6. The project is consistent with the Citywide 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
PCRESONO. 6160 -2-
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 7. The project is not located between the sea and the first public road parallel to the sea and,
8 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
11 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 Parcel Map
Recordation or building permit issuance, whichever comes first.
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
16 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
i o 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
19 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
20 or a successor in interest by the City's approval of this Coastal Development Permit.
21 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
22 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.
23 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval shall require an amendment to this approval.
25 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
2' of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
78 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
PCRESONO. 6160 -3-
unless the City Council determines that the project without the condition complies with
2 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
4 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
or indirectly, from (a) City's approval and issuance of this Coastal Development Permit,
6 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
7 (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
9 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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6. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the
Site Plan reflecting the conditions approved by the final decision-making body.
12 7. Prior to the issuance of a building permit, the Developer shall provide proof to the
13 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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1,. 8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 3 Local Facilities Management Plan and any amendments made to that
16 Plan prior to the issuance of building permits.
17 9. This approval is granted subject to the administrative approval of CP 05-23 and
MS 06-01 and is subject to all conditions for those other approvals incorporated herein by
reference.
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10. Building permits will not be issued for this project unless the local agency providing
20 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
22 facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Parcel Map.
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11. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
24 of Restriction executed by the owner of the real property to be developed. Said notice is
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
26 Carlsbad has issued a Coastal Development Permit by Resolution No. 6160 on the
property. Said Notice of Restriction shall note the property description, location of the
27 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
PCRESONO. 6160 -4-
which modifies or terminates said notice upon a showing of good cause by the Developer
2 or successor in interest.
3 12. At issuance of building permits, or prior to the approval of a final map and/or issuance of
certificate of compliance for the conversion of existing apartments to airspace
condominiums, the Developer shall pay to the City an inclusionary housing in-Iieu fee as
an individual fee on a per market rate dwelling unit basis in the amount in effect at the
time, as established by City Council Resolution from time to time.
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13. Developer shall submit and obtain Planning Director approval of a Final Landscape and
7 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
9 condition, free from weeds, trash, and debris.
10 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
12 15. Developer shall establish a homeowner's association and corresponding covenants,
13 conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
by the Planning Director prior to final map approval. Prior to issuance of a building
14 permit, the Developer shall provide the Planning Department with a recorded copy of the
official CC&Rs that have been approved by the Department of Real Estate and the
Planning Director. At a minimum, the CC&Rs shall contain the following provisions:
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a. General Enforcement by the City. The City shall have the right, but not the
17 obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.18
I o b. Notice and Amendment. A copy of any proposed amendment shall be provided to
the City in advance. If the proposed amendment affects the City, City shall have
20 the right to disapprove. A copy of the final approved amendment shall be
transmitted to City within 30 days for the official record.
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c. Failure of Association to Maintain Common Area Lots and Easements. In the
event that the Association fails to maintain the "Common Area Lots and/or the
23 Association's Easements" as provided in Article , Section
the City shall have the right, but not the duty, to perform the necessary
24 maintenance. If the City elects to perform such maintenance, the City shall give
written notice to the Association, with a copy thereof to the Owners in the Project,
setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty
(30) days from the giving of such notice. In the event that the Association fails to
27 carry out such maintenance of the Common Area Lots and/or Association's
Easements within the period specified by the City's notice, the City shall be
28 entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
PCRESONO. 6160 -5-
d. Special Assessments Levied by the City. In the event the City has performed the
2 necessary maintenance to either Common Area Lots and/or Association's
Easements, the City shall submit a written invoice to the Association for all costs
3 incurred by the City to perform such maintenance of the Common Area Lots and
or Association's Easements. The City shall provide a copy of such invoice to
4 each Owner in the Project, together with a statement that if the Association fails to
c pay such invoice in full within the time specified, the City will pursue collection
against the Owners in the Project pursuant to the provisions of this Section. Said
6 invoice shall be due and payable by the Association within twenty (20) days of
receipt by the Association. If the Association shall fail to pay such invoice in full
7 within the period specified, payment shall be deemed delinquent and shall be
subject to a late charge in an amount equal to six percent (6%) of the amount of
the invoice. Thereafter, the City may pursue collection from the Association by
9 means of any remedies available at law or in equity. Without limiting the
generality of the foregoing, in addition to all other rights and remedies available to
10 the City, the City may levy a special assessment against the Owners of each Lot in
the Project for an equal prorata share of the invoice, plus the late charge. Such
* * special assessment shall constitute a charge on the land and shall be a continuing
, 2 lien upon each Lot against which the special assessment is levied. Each Owner in
the Project hereby vests the City with the right and power to levy such special
13 assessment, to impose a lien upon their respective Lot and to bring all legal
actions and/or to pursue lien foreclosure procedures against any Owner and
14 his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
16 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in Exhibit
17 .
1° 16. This project is being approved as a condominium permit for residential homeownership
I o purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 26 days. The CC&Rs for the project shall include this
20 requirement.
21 17. Prior to issuance of building permits, the Developer shall submit to the Planning Director
a recorded copy of the Condominium Plan filed with the Department of Real Estate
which is in conformance with the City approved documents and exhibits.
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18. Developer shall pay the cirywide Public Facilities Fee imposed by City Council Policy
24 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
26 Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
27 approval will not be consistent with the General Plan and shall become void.
28 19. Prior to the recordation of the first final parcel map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this properly
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may be subject to noise impacts from the proposed or existing Transportation Corridor, in
2 a form meeting the approval of the Planning Director and the City Attorney (see Noise
Form #1 on file in the Planning Department).
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20. Prior to the issuance of the building permit, Developer shall submit an acoustical
analysis complying with the requirements of the City of Carlsbad Noise Guidelines
- Manual to ensure that the 60 dB(A) exterior noise level and 45 dB(A) interior noise
level standards are met.
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21. Developer shall pay park in-lieu fees to the City, prior to the approval of the final map as
7 required by Chapter 20.44 of the Carlsbad Municipal Code.
g 22. Approval of this request shall not excuse compliance with all applicable sections of the
9 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
10
23. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
11 Code Section 18.04.320.
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
15 "fees/exactions."
16 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
19 annul their imposition.
20 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
22 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
23 expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 4th day of October, 2006, by the
following vote, to wit:
AYES: Commissioners Baker, Cardosa, Heineman, Segall, and Whitton
NOES:
ABSENT: Chairperson Montgomery and Commissioner Dominguez
ABSTAIN:
JULI
CARLS
ATTEST:
:R, Vice Chairperson
PLANNING COMMISSION
DON NEU
Assistant Planning Director
PCRESONO. 6160 -8-