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
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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
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Development Permit as shown on Exhibits "A" - "O" dated December 6, 2006, on file in the
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Planning Department, GARFIELD HOUSE - CDP 06-18, as provided by Chapter 21.201.040
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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
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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-
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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-