HomeMy WebLinkAbout2006-10-04; Planning Commission; Resolution 61801 PLANNING COMMISSION RESOLUTION NO. 6180
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 06-13 TO ALLOW FOR THE
4 DEMOLITION OF AN EXISTING SINGLE-FAMILY
, RESIDENCE AND THE CONSTRUCTION OF A SINGLE-
FAMILY RESIDENCE WITHIN THE CITY'S COASTAL ZONE
6 LOCATED AT 5003 TIERRA DEL ORO STREET WITHIN THE
MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM
7 (LCP) AND LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: CAMPBELL RESIDENCE
8 CASE NO.: CDP 06-13
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WHEREAS, Damian Baumhover, "Applicant," has filed a verified application
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with the City of Carlsbad regarding property owned by Richard F. Campbell, "Owner,"
j 2 described as
13 That portion of lots 19 and 20, Tierra Del Oro, in the City of
Carlsbad, County of San Diego, State of California, according
14 to map thereof No. 3052, filed in the Office of the County
Recorder of San Diego County on February 4, 1954, and
described as Parcel B in Certificate of Compliance recorded
16 June 20, 1978, as instrument No. 78-255386 of official records
as follows: Beginning at the southeasterly corner of said lot 19,
17 thence south 66 degrees 54'10" west 233.33 feet to the
southwesterly corner of said lot 19, thence north 14 degrees 19'
west, 51.77 feet more or less to a point on the westerly line of
in said lot 19, from which the northwest corner of said lot 20
bears north 14 degrees 19° west 51.77 feet, thence parallel with
20 the northwesterly line of said lot 20, north 66 degree 54'10"
west, 238.38 feet, thence south 45 degrees 38°26' east 26.86 feet,
21 more or less to a point on a 40-foot radius curve, concave
7? southeasterly, thence southwesterly along said curve 36.40 feet
of the point of beginning.
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Excepting therefrom that portion now or heretofore lying
24 below the mean high tide line of the Pacific Ocean
25 ("the Property"); and
26 WHEREAS, said verified application constitutes a request for a Coastal
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Development Permit as shown on Exhibits "A" - "H" dated October 4, 2006, on file in the
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1 Planning Department, CAMPBELL RESIDENCE - CDP 06-13, as provided by Chapter
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21.201.040 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 4th day of October, 2006,4
c hold a 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
7 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
12 A) That the foregoing recitations are true and correct.
13 B) That based on the evidence presented at the public hearing, the Commission
APPROVES CAMPBELL RESIDENCE - CDP 06-13, based on the following
14 findings and subject to the following conditions:
15 Findings;
16 1. 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 demolition of an
existing single-family residence and the construction of a new single-family
18 residence on a previously subdivided lot designated for residential development; no
1Q agricultural activities, sensitive resources, geological instability, flood hazard, or
coastal access opportunities exist onsite and the development does not obstruct
20 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
22 of the Coastal Act in that adequate vertical public access exists to the north and south
?_ of the property and the subject property was not identified as a potential lot for
future additional public access to the shoreline in the Local Coastal Program.
24 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
25 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,
26 Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban
27 Runoff Management Program (JURMP) to avoid increased urban runoff,
pollutants, and soil erosion. While steep slopes are located on the western half of the
28 property, no development is proposed on these slopes, and the site is not located in
an area prone to landslides or susceptible to accelerated erosion, floods, or
PCRESONO. 6180 -2-
liquefaction. The existing slopes do not support any endangered plant/animal
2 species and/or coastal sage scrub and chaparral plant communities, and no
development is proposed on the slope areas.
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4 4. The project is consistent with the provisions of the Coastal Shoreline Development
Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that vertical public access
exists to the north and south of the project. The site is currently not used, and
historically has not been used, for vertical access. No vertical access is warranted
for this development, based upon the ordinance criteria. However, the applicant is
7 conditioned to dedicate a lateral access to a minimum of 25 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. In addition, a geotechnical
analysis of the project site was prepared. The bluff face is covered with riprap and
is located approximately 70 feet below the proposed structure. The analysis
10 concluded that the proposed development will have no adverse effects on the
stability of the coastal slope. The project adheres to all coastal "stringline" setback
requirements for the placement of new structures and balconies.
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
environment, and it is therefore categorically exempt from the requirement for the
14 preparation of environmental documents pursuant to Section 15301(1)(1) (demolition of
a single-family residence in an urbanized area) and 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.
17 6. The 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
Ordinance).
7. 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
22 provide funding to ensure that all facilities and improvements regarding sewer collection
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:
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A. The project has been conditioned to provide proof from the Carlsbad Unified
26 School District that the project has satisfied its obligation for school facilities.
77 B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
28 collected prior to the issuance of a building permit.
PCRESONO. 6180 -3-
The Planning Commission has reviewed each of the exactions imposed on the Developer
2 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
3 degree of exaction is in rough proportionality to the impact caused by the project.
4 Conditions;
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
7 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
future building permits; deny, revoke, or further condition all certificates of occupancy
10 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
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.
13 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit (CDP 06-13) documents, as
14 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.
17 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 conditions 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
20 Project are 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
21 invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
23 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
24 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, (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
27 (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
28 facility of electromagnetic fields or other energy waves or emissions. This obligation
PCRESONO. 6180 -4-
survives until all legal proceedings have been concluded and continues even if the City's
2 approval is not validated.
3 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.4
<- 7. Prior to the issuance of a building permit, the applicant shall comply with the
Coastal Shoreline Development Overlay Zone (Section 21.204.050(A)(1) of the
6 Zoning Ordinance), and dedicate a lateral access to a minimum of 25 feet of dry
sandy beach at all times of the year to the California Coastal Commission or their
7 designee as agreed to with the California Coastal Commission.
g
8. Prior to the issuance of a building permit, the developer shall record a deed
9 restriction/waiver of public liability in compliance with the requirements of
Municipal Code Section 21.204.120 (Coastal Shoreline Development Overlay Zone).
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9. 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
,9 obligation to provide school facilities.
13 10. 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
14 Plan prior to the issuance of building permits.
11. Building permits will not be issued for this project unless the local agency providing
16 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
17 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.
19 12. This approval is subject to all conditions contained in AV 06-03 for those other approvals
incorporated herein by reference.
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13. The applicant shall apply for and be issued building permits for this project within two
21 (2) years of approval or this coastal development permit will expire unless extended per
22 Section 21.201.210 of the Zoning Ordinance.
23 14. 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
24 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
Resolution No. 6180 on the property. Said Notice of Restriction shall note the property
26 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
27 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
2° the Developer or successor in interest.
PCRESONO. 6180 -5-
Engineering:
2 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
3 approval of this proposed Coastal Development Permit, must be met prior to approval
of a building permit.4
15. 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
for the proposed haul route.
16. The proposed driveway gate shall be located outside the public right-of-way and
shall be designed so that at no time does the gate swing, slide, or move by any other
motion into the public right-of-way.
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Fees/Agreements
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17. Developer shall cause property owner to execute and submit to the City Engineer for
11 recordation the City's standard form Geologic Failure Hold Harmless Agreement.
12 18. Prior to approval of any grading or building permits for this project, Developer shall
13 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.
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19. The property owner shall enter into an encroachment agreement with the City for
17 the driveway brick pattern/pavers proposed within the public right-of-way. Said
encroachment agreement shall be processed subject to the City's forms, procedures,
and fees.
19 Dedications/Improvements
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20. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Management Plan (SWMP)
,__ prepared by a registered engineer." The SWMP shall demonstrate compliance with the
City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01
23 issued by the San Diego Region of the California Regional Water Quality Control Board
and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid
24 contact or filter said pollutants from storm water, to the maximum extent practicable, for
the post-construction stage of the project. At a minimum, the SWMP shall:
a. Identify existing and post-development on-site pollutants-of-concern;
b. Identify the hydrologic unit this project contributes to and impaired water bodies that
27 could be impacted by this project;
c. Recommend source controls and treatment controls that will be implemented with this
project to avoid contact or filter said pollutants from storm water to the maximum
extent practicable before discharging to City right-of-way;
PCRESONO. 6180 -6-
d. Establish specific procedures for handling spills and routine cleanup. Special
2 considerations and effort shall be applied to resident education on the proper
procedures for handling cleanup and disposal of pollutants;
3 e. Ensure long-term maintenance of all post-construction BMPs in perpetuity; and
f. Identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
, practicable.
6 Code Reminders:
7 21. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
o
9 22. 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
10 permit issuance, except as otherwise specifically provided herein.
11 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."
15 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
16 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.
19 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,
20 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
22 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:
Ou.
JULIH BARER, Vice Chairperson
CARD&BADJPLANNING COMMISSION
ATTEST:
DONNEU
Assistant Planning Director
PCRESONO. 6180 -8-