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HomeMy WebLinkAbout2007-01-17; Planning Commission; Resolution 62311 PLANNING COMMISSION RESOLUTION NO. 6231 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 06-05 TO ALLOW FOR THE 4 CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE 5 WITHIN THE CITY'S COASTAL ZONE LOCATED ON AN UNDEVELOPED LOT AT 5011 TIERRA DEL ORO STREET 6 WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM (LCP) AND LOCAL FACILITIES 7 MANAGEMENT ZONE 3. CASE NAME: RILEY RESIDENCE 8 CASE NO.: CDP 06-05 9 WHEREAS, Hofman Planning Associates, "Applicant," has filed a verified 10 application with the City of Carlsbad regarding property owned by Mickie and Hansi Riley, 19 "Owner," described as 13 Lot 16 of Tierra Del Oro subdivision, in the City of Carlsbad, County of Carlsbad, State of California, as shown on Map No. 14 3052 filed in the Office of the County Recorder of San Diego County, February 4, 1954, excepting therefrom that portion now or heretofore lying below the mean high tide of the Pacific 16 Ocean 17 ("the Property"); and I O WHEREAS, said verified application constitutes a request for a Coastal 19 Development Permit as shown on Exhibits "A" - "I" dated January 17, 2007, on file in the 20 Planning Department, RILEY RESIDENCE - CDP 06-05, as provided by Chapter 21.201.040 21 -~ of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 17th day of January, 2007, 24 hold a duly noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CDP. 28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 r B) That based on the evidence presented at the public hearing, the Commission APPROVES RILEY RESIDENCE - CDP 06-05, based on the following 6 findings and subject to the following conditions: 7 Findings: ° 1. That the proposed development is in conformance with the Certified Local Coastal n Program and all applicable policies in that the project consists of construction of a new single-family residence on a previously subdivided and currently undeveloped lot 10 designated for residential development; no agricultural activities, sensitive resources, geological instability, flood hazard, or coastal access opportunities exist 11 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. 13 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 14 of the Coastal Act in that adequate vertical public access exists to the north and south of the property and the subject property was not identified as a potential lot for 15 future additional public access to the shoreline in the Local Coastal Program. However, the owner is conditioned to dedicate a lateral access to a minimum of 25 feet of dry sandy beach at all times of the year to the California Coastal Commission 17 or their designee as agreed to with the California Coastal Commission. 18 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, 2Q Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, 21 pollutants, and soil erosion. While steep slopes are located on the western half of the property, no development is proposed on these slopes, and the site is not located in 22 an area prone to landslides or susceptible to accelerated erosion, floods, or ,, liquefaction. The existing slopes do not support any endangered plant/animal species and/or coastal sage scrub and chaparral plant communities, and no 24 development is proposed on the slope areas. 25 4. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that vertical public access exists to the north and south of the project. The site is currently not used, and 27 historically has not been used, for vertical access. No vertical access is warranted for this development, based upon the ordinance criteria. However, the owner is 28 conditioned to dedicate a lateral access to a minimum of 25 feet of dry sandy beach at all times of the year to the California Coastal Commission or their designee as PCRESONO. 6231 -2- agreed to with the California Coastal Commission. In addition, a geotechnical 2 analysis of the project site was prepared. The bluff face is covered with riprap and is located approximately 50 feet below the proposed structure. The analysis 3 concluded that the proposed development will have no adverse effects on the stability of the coastal slope. The project adheres to all coastal "stringline" setback requirements for the placement of new structures and balconies. 5. That the Planning Director has determined that the project belongs to a class of projects 6 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 7 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 g Section 15300.2 of the state CEQA Guidelines do not apply to this project. 10 6. 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 11 provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance).12 7. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 3, and all City public facility policies and 14 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection 15 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 16 project will be installed to serve new development prior to or concurrent with need. , 7 Specifically: 18 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. 19 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. 21 8. The Planning Commission has reviewed each of the exactions imposed on the Developer 22 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 23 degree of exaction is in rough proportionality to the impact caused by the project. Conditions; 25 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 26 building permit. 27 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 PCRESONO. 6231 -3- revoke or modify all approvals herein granted; deny or further condition issuance of all 2 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 3 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 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 6 and modifications to the Coastal Development Permit (CDP 06-05) documents, as necessary to make them internally consistent and in conformity with the final action on 7 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. 9 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 10 regulations in effect at the time of building permit issuance. 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 13 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 14 with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 16 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, 17 claims, 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 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 20 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 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 23 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. 24 7. Prior to the issuance of a building permit, the owner shall comply with the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance), 26 and dedicate a lateral access to a minimum of twenty-five feet of dry sandy beach at all times of the year to the California Coastal Commission or their designee as 27 agreed to with the California Coastal Commission. 28 PCRESONO. 6231 -4- 8. Prior to the issuance of a building permit, the developer shall record a deed 2 restriction/waiver of public liability in compliance with the requirements of Municipal Code Section 21.204.120 (Coastal Shoreline Development Overlay Zone). 3 9. 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 obligation to provide school facilities. 10. 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. 11. Building permits will not be issued for this project unless the local agency providing 9 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 10 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. 12 12. This approval is subject to all conditions contained in AV 06-08 for those other approvals incorporated herein by reference. 13 13. 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 1. Section 21.201.210 of the Zoning Ordinance. 16 14. 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 air-space 17 condominiums, the Developer shall pay to the City an inclusionary housing impact 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. 19 15. This project has been found to result in impacts to wildlife habitat or other lands, such as 20 agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental 21 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 Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of 23 vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent 24 with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. The fee shall be paid prior to the issuance of a building permit. If the In- lieu Mitigation Fee for this project is not paid, this project will not be consistent with the 26 Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 27 16. 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 PCRESONO. 6231 -5- interest that the City of Carlsbad has issued a Coastal Development Permit by 2 Resolution No. 6231 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of 3 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, which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Engineering: General 17. Prior to hauling dirt or construction materials to or from any proposed construction site 9 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 10 Fees/Agreements 12 18. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 13 19. Prior to approval of a building permit for this project, Developer shall 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 Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional 16 Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. 17 20. 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 in drainage across the adjacent property. 20 Grading 21. Developer shall depict all proposed erosion control protection measures on the ~_ building site plan to ensure no offsite siltation occurs as a result of this project. Developer is responsible to install and maintain erosion control devices to the 23 satisfaction of the City. 24 22. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 26 23. Prior to performing any work within the public right-of-way, or any city owned easements, developer shall apply for and obtain a right-of-way permit from the City 27 Engineer. 28 PCRESONO. 6231 -6- Code Reminders: 2 24. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 3 Code Section 18.04.320. 25. Approval of this request shall not excuse compliance with all applicable sections of the c Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 6" 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6231 -7- 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 4 "fees/exactions." 5 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 8 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 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 17th day of January, 2007, by the 15 following vote, to wit: 16 AYES: Chairperson Baker, Commissioners Cardosa, Dominguez, Douglas, ' Montgomery, Segall, and Whitton 18 NOES: 19 ABSENT: 20 ABSTAIN: 22 JLIE B&KER, Chairperson WRLSBAD PLANNING COMMISSION 23 J 0 24 25 26 DON NEU 27 Assistant Planning Director 28 PCRESONO. 6231 -8-