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HomeMy WebLinkAbout2006-12-06; Planning Commission; Resolution 62061 PLANNING COMMISSION RESOLUTION NO. 6206 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 06-18 TO ALLOW FOR THE 4 CONSTRUCTION OF A 4,412-SQUARE-FOOT SINGLE- FAMILY RESIDENCE LOCATED AT 2475 GARFIELD STREET, BETWEEN OCEAN STREET AND PACIFIC 6 AVENUE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES 7 MANAGEMENT ZONE 1. CASE NAME: GARFIELD HOUSE 8 CASE NO.: CDP 06-18 9 WHEREAS, Craig Lewis, "Applicant," has filed a verified application with the 10 City of Carlsbad regarding property owned by Jay Refold, "Owner," described as 12 Lot 18 of Granville Park, in the City of Carlsbad, according to Map No. 1782 filed with San Diego County Recorder 13 February 21,1924 14 ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal 16 Development Permit as shown on Exhibits "A" - "O" dated December 6, 2006, on file in the 17 Planning Department, GARFIELD HOUSE - CDP 06-18, as provided by Chapter 21.201.040 lo 19 of the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on the 6th day of December, 2006, 21 hold a duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 24 relating to the CDP. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES GARFIELD HOUSE - CDP 06-18, based on the following findings and subject to the following conditions: 3 Findings;4 . That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project consists of the development of an existing single-family residence on a vacant lot; no agricultural activities, sensitive resources, geological instability, or flood hazard exist onsite; and the 7 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. 8 n 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is located on the west side of Garfield Street; 10 there are no opportunities for vertical coastal access or recreational activities from the subject site. There is adequate vertical public access to public beaches located to the west of the site. Therefore, the project will not interfere with the public's right to . physical access to the sea. 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 14 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, 1, pollutants, and soil erosion. 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 18 environment, and it is therefore categorically exempt from the requirement for the 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 „„ 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. 21 5. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X 22 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). 6. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 25 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 26 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 ~o project, will be installed to serve new development prior to or concurrent with need. Specifically, PC RESO NO. 6206 -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 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. 7 8. The Planning Commission finds that the project, as conditioned herein, is in 8 conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated December 6, 2006, including but not limited to the following: The proposed density of 9.6 dwelling units per acre is within the RMH density range of 10 8-15 du/ac, but is slightly below the Growth Management Control Point (GMCP) of 11.5 dwelling units per acre used for the purpose of calculating the City's 11 compliance with Government Code Section 65863. At the GMCP, 1.2 units would be permitted on the 0.104-acre (net developable) property and the project is proposing dwelling units. However, consistent with Program 3.8 of the City's i -> certified Housing Element, all of the dwelling units which were anticipated toward achieving the City's share of the regional housing need that are not utilized by 14 developers in approved projects, including fractional units, are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit , capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling 17 units, adequate to satisfy the City's share of the regional housing need. 18 9. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and " implementation program that will facilitate the preservation of biological diversity and 2Q provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth 21 Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City's General Plan which provides for 22 the realization of the social, economic, aesthetic, and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in 24 turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's 25 Habitat Management Plan. Conditions: 27 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 28 building permit. PCRESONO. 6206 -3- 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 2 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 3 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 4 issued under the authority of approvals herein granted; record a notice of violation on the i- 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 6 or a successor in interest by the City's approval of this Coastal Development Permit. 7 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit (CDP 06-18) documents, as necessary to make them internally consistent and in conformity with the final action on 9 the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to 10 this approval. * 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 12 regulations in effect at the time of building permit issuance. 13 4. If any condition 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 14 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 unless the City Council determines that the project without the condition complies with 15 all requirements of law. 17 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 in 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, 20 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 21 (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 23 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 24 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 2g obligation to provide school facilities. 27 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 28 Plan prior to the issuance of building permits. PC RESO NO. 6206 -4- 8. Building permits will not be issued for this project unless the local agency providing 2 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 3 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. 4 c 9. 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 6 Section 21.201.210 of the Zoning Ordinance. 7 10. Prior to the issuance of the Building 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 interest that the 9 City of Carlsbad has issued a Coastal Development Permit by Resolution No. 6206 on the property. Said Notice of Restriction shall note the property description, location of 10 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 to the notice, 12 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13 11. At issuance of building permits, or prior to the approval of a final map and/or issuance of 14 certificate of compliance for the conversion of existing apartments to airspace _ 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 I g time, as established by City Council Resolution from time to time. 17 12. Approval is granted for CDP 06-18 - GARFIELD HOUSE as shown on Exhibits "A" - "O" dated December 6, 2006, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise in noted in these conditions. 20 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 21 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 22 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such 23 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 24 25 14. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits 26 to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City 28 Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has PC RESO NO. 6206 -5- determined that all projects will be required to pay the fee in order to be found consistent 2 with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. The City is currently updating the fee study, which is expected to result in 3 an increase in the amount of the fee, and the Developer or Developer's successor(s) in interest shall pay the adjusted amount of the fee once it is approved by the City Council. The fee shall be paid prior to recordation of a final map, or issuance of a grading permit <- or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the 6 General Plan and any and all approvals for this project shall become null and void. 7 Engineering: 8 General 9 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. 12 16. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to the street to the satisfaction of the City Engineer.13 ,* Fees/Agreements 15 17. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding 16 drainage across the adjacent property. 17 18. Developer shall cause property owner to enter into a Neighborhood Improvement 1 g Agreement with the City for the future public improvement of Garfield Street along the property frontage for a half street width of 25 feet. Public improvements shall include 19 but are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls, and reclaimed water. 21 19. Prior to approval of any grading or building permits for this project, Developer shall 22 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 23 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. 25 20. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 26 for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. 28 PC RESO NO. 6206 -6- Dedications/Improvements 2 21. Developer shall provide the design of all private drainage systems to the satisfaction of 3 the City Engineer. ^ 22. Garfield Street shall be dedicated by Owner along the project frontage based on a r center line to right-of-way width of 25 feet and in conformance with City of Carlsbad Standards. 6 23. Developer shall comply with the City's requirements of the National Pollutant Discharge 7 Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level 9 prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be 10 limited to notifying prospective owners and tenants of the following: 11 A. All owners and tenants shall coordinate efforts to establish or work with <2 established disposal programs to remove and properly dispose of toxic and hazardous waste products. 13 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 14 antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, 16 herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective 17 containers. 1R10 C. Best Management Practices shall be used to eliminate or reduce surface pollutants , o when planning any changes to the landscaping and surface improvements. 20 Code Reminder 21 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 23 24. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance 24 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 26 25. 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 27 permit issuance, except as otherwise specifically provided herein. 28 26. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. PCRESONO. 6206 -7- 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 6th day of December, 2006, by the following vote, to wit: AYES: Chairperson Montgomery, Commissioners Baker, Dominguez, Heineman, Segall, and Whitton NOES: ABSENT: Commissioner Cardosa ABSTAIN: MARTELL B. MONTCOMER^rhairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PCRESONO. 6206 -8-