HomeMy WebLinkAbout2006-11-01; Planning Commission; Resolution 61831 PLANNING COMMISSION RESOLUTION NO. 6183
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 06-21 TO ALLOW FOR THE
4 PARTIAL DEMOLITION OF AN EXISTING SINGLE-FAMILY
5 RESIDENCE AND THE REMODEL AND ADDITION OF
4,191.5 SQUARE FEET WITHIN THE CITY'S COASTAL
6 ZONE LOCATED AT 5345 LOS ROBLES DRIVE WITHIN THE
MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM
7 (LCP) AND LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: WOOLSON RESIDENCE
8 CASE NO.: CDP 06-21
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WHEREAS, Alfred Simeone III, P.E., "Applicant," has filed a verified
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application with the City of Carlsbad regarding property owned by Woolson 1998 Family Trust,
12 "Owner," described as
13 Lot 133 of Terramar Unit No. 5, in the City of Carlsbad,
County of San Diego, State of California, according to Tract
14 Map No. 3371
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" - "G" dated November 1, 2006, on file in the18
19 Planning Department, WOOLSON RESIDENCE - CDP 06-21 as provided by Chapter
20 21.201.040 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on the 1st day of November 2006,
22 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
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
£*J
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.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES WOOLSON RESIDENCE - CDP 06-21 based on the following
findings and subject to the following conditions:
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Findings:
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1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the development is a partial demolition,
5 remodel and addition of an existing single-family residence on a previously
developed lot; no agricultural activities, sensitive resources, geological instability, or
7 flood hazard 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.
9 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
10 of the Coastal Act in that adequate vertical public access exists to the west of the
property and the subject property was not identified as a potential lot for future
11 additional public access to the shoreline in the Local Coastal Program.
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,
14 Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban
Runoff Management Program (JURMP) to avoid increased urban run off,
15 pollutants and soil erosion.
16 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
environment, and it is therefore categorically exempt from the requirement for the
\ g preparation of environmental documents pursuant to Section 15303(a) (construction of a
single-family residence in an urbanized area) of the state CEQA Guidelines. In
19 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.
_ 5. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
of the Land Use Plan, certified September 1990, and therefore, is not subject to the
22 provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).
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6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
24 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
26 and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
27 project will be installed to serve new development prior to or concurrent with need.
Specifically,28
PCRESONO. 6183 -2-
A. The project has been conditioned to provide proof from the Carlsbad Unified
2 School District that the project has satisfied its obligation for school facilities.
3 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.4
7. 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
6 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 issuance of a
building permit.
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1. If any of the following conditions fail to occur; or if they are, by their terms, to be
11 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
IT 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
14 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
15 or a successor in interest by the City's approval of this Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
17 and modifications to the Coastal Development Permit (CDP 06-21) documents, as
necessary to make them internally consistent and in conformity with the final action on
18 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.
20 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
21 regulations in effect at the time of building permit issuance.
22 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
Project are challenged, this approval shall be suspended as provided in Government Code
24 Section 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
25 with all requirements of law.
96 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
27 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
28 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,
PCRESONO. 6183 -3-
(b) City's approval or issuance of any permit or action, whether discretionary or non-
2 discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
3 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
<- validated.
6 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.
7
7. 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.
10 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
Plan prior to the issuance of building permits, including, but not limited to the following:
12 9. Building permits will not be issued for this project unless the local agency providing
13 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
. <. facilities will continue to be available until the time of occupancy.
16 10. 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
17 Section 21.201.210 of the Zoning Ordinance.
1 8 11. 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
satisfaction of the Planning Director, notifying all interested parties and successors in
20 interest that the City of Carlsbad has issued a Coastal Development Permit by
Resolution No. 6183 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
23 to the notice, which modifies or terminates said notice upon a showing of good cause by
the Developer or successor in interest.
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Engineering:
26 NOTE: Unless specifically stated in the condition, all of the following conditions, upon
the approval of this proposed Coastal Development Permit, must be met prior to approval of a
27 building permit.
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12. Prior to hauling dirt or construction materials to or from any proposed construction site
2 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
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13. Prior to the issuance of a building permit, the property owner shall enter into an
encroachment agreement with the City to allow the existing driveway bricks and
planters to remain within the public right-of-way. Said agreement shall be prepared
by the City upon submittal of an application with processing fees established by the
City.
Code Reminders:
g
14. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
9 Code Section 18.04.320.
10 15. 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
permit issuance, except as otherwise specifically provided herein.
NOTICE
13
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 1st day of November 2006, by the
following vote, to wit:
AYES:Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, and Segall
NOES:
ABSENT: Commissioner Whitton
MARTELL B. MONT<JOMERY,ftHairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
SLTt
DON NEU
Assistant Planning Director
PCRESONO. 6183 -6-