HomeMy WebLinkAbout2006-10-18; Planning Commission; Resolution 61771 PLANNING COMMISSION RESOLUTION NO. 6177
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT TO DEMOLISH ONE
4 SINGLE-FAMILY HOME AND CONSTRUCT TWO (2)
5 RESIDENTIAL AIRSPACE CONDOMINIUMS ON A
0.43-ACRE SITE LOCATED WEST OF OCEAN STREET AND
6 NORTH OF PACIFIC AVENUE WITHIN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN
7 LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: DONALD CONDOMINIUMS
8 CASE NO.: CDP 05-52
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WHEREAS, Eric Beck, "Developer," has filed a verified application with the
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City of Carlsbad regarding property owned by Peter and Mary Kay Donald, "Owner,"
22 described as
13 A portion of Lot 6 of Granville Park, in the City of Carlsbad,
County of San Diego, State of California, according to Map
14 thereof No. 1782, filed in the Office of the County Recorder of
San Diego County, February 21,1924
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Coastal
18 Development Permit as shown on Exhibits "A" - "K" dated October 18, 2006, on file in the
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Planning Department, DONALD CONDOMINIUMS — CDP 05-52, as provided by Chapter
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21.201.040 of the Carlsbad Municipal Code; and
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22 WHEREAS, the Planning Commission did, on the 18th day of October, 2006,
23 hold a 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.
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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:
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 DONALD CONDOMINIUMS — CDP 05-52 based on the
following findings and subject to the following conditions:
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c Findings;
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
7 two residential airspace condominiums on a previously subdivided 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.
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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 while the property is located adjacent to the shore, the
project will not interfere with the public's right to physical access as there are
vertical shore line public access points in close proximity to the north and south of
the project site. The project has been conditioned to dedicate a lateral beach access
easement for a minimum of 25 feet of dry sandy beach at all times of the year to the
14 California Coastal Commission or their designee as agreed to with the California
Coastal Commission.
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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
Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff
18 Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
erosion. The site is not located in an area prone to landslides, or susceptible to
19 accelerated erosion, floods, or liquefaction. The existing slopes do no support any
endangered plant/animal species and/or coastal sage scrub, chaparral plant communities,
or native vegetation. The development of steep slopes is permitted in that:
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A. A geotechnical analysis of the site was prepared. The analysis concluded subject
22 area to be stable and grading and development impacts mitigatable for the life of
the structure and that the development would have no adverse effect on the
stability of the coastal slope.
24 B. Grading of the slope is essential to the development of the site since the steep
25 slopes are located in the middle of the property and the site is further constrained
by the coastal string line setback requirements
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C. The proposed slope disturbance will not damage or alter major wildlife or native
vegetation since the site is an infill site containing no native vegetation and is
28 presently developed with a residential structure.
PCRESONO. 6177 -2-
D. Review of the site has concluded that that site contains no habitat or wildlife and
2 that no environmental impacts will result from the project.
3 E. The project site is not predominated by steep slopes and the site does not serve as
a wildlife corridor.
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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
6 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332 (in-fill development
7 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
° Guidelines do not apply to this project.
9 5. This project is not located in the Coastal Agricultural Overlay Zone, according to Map X
10 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
11 Ordinance).
12 6. 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
to mitigate impacts caused by or reasonably related to this project, and the extent and the
14 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 Final Map.
17 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
18 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
19 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
issued under the authority of approvals herein granted; record a notice of violation on the
21 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
22 or a successor in interest by the City's approval of this Coastal Development Permit.
23 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
_, 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.
25 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval shall require an amendment to this approval.
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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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PCRESONO. 6177 -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
9 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
10 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
1 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
13 6. Prior to the issuance of a building permit or recordation of MS 05-31, the applicant
shall comply with the Coastal Shoreline Development Overlay Zone (Chapter 21.204
14 of the Zoning Ordinance) and dedicate a lateral access easement for 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.
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7. The applicant shall apply for and be issued building permits for this project within two
17 (2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
18 B
8. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
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9. This approval is granted subject to the approval of SDP 05-17, HDP 05-13, and
21 CP 06-11 and is subject to all conditions contained in Planning Commission Resolutions
„„ No. 6175, 6176, and 6178 for those other approvals incorporated herein by reference.
23 10. This approval is granted subject to the approval of Minor Subdivision MS 05-31 and is
subject to all conditions contained in the City Engineer's approval letter for those other
24 approvals incorporated herein by reference.
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PCRESONO. 6177 -4-
1 NOTICE
2
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
g annul their imposition.
9 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
11 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
12 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
14 Commission of the City of Carlsbad, California, held on the 18th day of October, 2006, by the
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following vote, to wit:
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AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall, and Whitton
18 NOES:
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ABSENT:
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21 ABSTAIN:
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23 MARTELL B. MONlJTOMER^Wiairperson
CARLSBAD PLANNING COMMISSION
25 ATTEST:
26"
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2g DON NEU
Assistant Planning Director
PCRESONO. 6177 -5-