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HomeMy WebLinkAbout2006-11-15; Planning Commission; Resolution 61861 PLANNING COMMISSION RESOLUTION NO. 6186 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT (CDP 06-16) TO ALLOW 4 FOR THE CONSTRUCTION OF A NEW SINGLE-FAMILY 5 RESIDENCE WITH AN ATTACHED AND A DETACHED GARAGE ON A 0.26-ACRE VACANT LOT LOCATED ON 6 THE NORTH SIDE OF CHINQUAPIN AVENUE BETWEEN STELLA MARIS LANE AND HIGHLAND DRIVE WITHIN 7 THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT 8 ZONE 1. 9 CASE NAME: MATSUBARA RESIDENCE CASE NO.: CDP 06-16 10 WHEREAS, Taeko Matsubara, "Developer/Owner," has filed a verified , 2 application with the City of Carlsbad regarding property described as 13 Lot 242 of the Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof 14 No. 1681, filed in the Office of the County Recorder of San Diego County, December 9,1915 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Coastal 1 O10 Development Permit as shown on Exhibits "A" - "G" dated November 15, 2006, on file in the 19 Planning Department, MATSUBARA RESIDENCE - CDP 06-16, as provided by Chapter 20 21.201.040 of the Carlsbad Municipal Code; and 21 ~~ WHEREAS, the Planning Commission did, on the 15th day of November, 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. 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. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES MATSUBARA RESIDENCE - CDP 06-16, based on the following findings and subject to the following conditions: 4 c 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 construction of a 7 new 3,783-square-foot single-family residence with an attached 585-square-foot garage, an 82-square-foot attached deck, and a 438-square-foot detached garage on ° a vacant, previously subdivided lot; no agricultural activities, sensitive resources, n 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 10 or public right-of-way or otherwise damage the visual beauty of the coastal zone. 11 2. 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, 13 Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, 14 pollutants, and soil 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, nor 15 susceptible to accelerated erosion, floods, or liquefaction. 3. The proposal is in conformity with the public access and recreation policies of Chapter 3 17 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 18 the sea and the site is not suited for water-oriented recreation activities. 19 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 21 preparation of environmental documents pursuant to Section 15303(a) (single-family residence in an urbanized area) of the state CEQA Guidelines. In making this 22 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. 23 5. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and, therefore, is not subject to the 25 provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 26 6. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 27 Facilities Management Plan for Zone 1 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 and treatment, water, drainage, circulation, fire, schools, parks and other recreational PCRESONO. 6186 -2- facilities, libraries, government administrative facilities, and open space, related to the 9 project, will be installed to serve new development prior to or concurrent with need. Specifically, 3 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. B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be 6 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, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay 8 Zone (Chapter 21.204 of the Zoning Ordinance). o 8. The Planning Commission has reviewed each of the exactions imposed on the Developer I Q contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the I1 degree of the exaction is in rough proportionality to the impact caused by the project. 12 Conditions; 13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit 14 or building permit, whichever comes first. 15 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 j 7 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 18 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 19 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. 21 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 22 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. 24 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 25 regulations in effect at the time of building permit issuance. 26 4. If any condition for construction of any public improvements or facilities, or the payment ,_7 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 28 66020. If any such condition is determined to be invalid, this approval shall be invalid PCRESONO. 6186 -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 representatives, from and against any and all liabilities, losses, damages, demands, claims r 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. 10 6. 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 12 obligation to provide school facilities. 13 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. 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. 9. The applicant shall apply for and be issued building permits for this project within twenty-four months of approval or this coastal development permit will expire unless 20 extended per Section 21.201.210 of the Zoning Ordinance. 10. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 23 11. 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 24 condominiums, the Developer shall pay to the City an inclusionary housing in-lieu 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. 26 12. Prior to the issuance of the building permit, Developer shall submit to the City a Notice 27 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 Carlsbad has issued a Coastal Development Permit by Resolution No. 6186 on the PCRESONO. 6186 -4- property. Said Notice of Restriction shall note the property description, location of the 2 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 3 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 the Developer or successor in interest. Engineering: 6 13. Prior to hauling dirt or construction materials to or from any proposed construction site 7 within this project, Developer shall apply for and obtain approval from the City Engineer for the proposed haul route.8 9 14. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall apply for and obtain a 10 grading permit from the City Engineer prior to issuance of a building permit for the project. 11 15. Developer shall depict all proposed erosion control protection measures on the grading plan to ensure no offsite siltation occurs as a result of this project. 13 Developer is responsible to install and maintain erosion control devices to the satisfaction of the City. The proposed Energy Dissipator may be revised in final 14 design to better fit the neighborhood and accomplish this condition. 16. Developer shall cause property owner to execute and submit to the City Engineer for 16 recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 17 17. No construction or grading for private improvements shall occur outside the limits of this project unless Developer obtains permission from the affected property , o owner. 20 Code Reminders; 21 18. 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. 23 19. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 24 Code Section 18.04.320. 25 26 27 28 PCRESONO. 6186 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE 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 annul their imposition. 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 expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of November, 2006, by the following vote, to wit: AYES:Vice Chairperson Baker, Commissioners Cardosa, Dominguez, Segall, and Whitton NOES: ABSENT: Chairperson Montgomery and Commissioner Heineman JULIIBA CARL; ATTEST: Ou. ;R, Vice Chairperson PLANNING COMMISSION CLT! DONNEU Assistant Planning Director PCRESONO. 6186 -6-