HomeMy WebLinkAbout2007-02-21; Planning Commission; Resolution 62511 PLANNING COMMISSION RESOLUTION NO. 6251
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN
4 EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT
5 A NEW SINGLE-FAMILY RESIDENCE ON A .07 ACRE SITE
LOCATED ON THE WEST SIDE OF OCEAN STREET
6 BETWEEN CYPRESS AVENUE AND BEECH AVENUE
WITHIN THE MELLO II SEGMENT OF THE LOCAL
7 COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 1.
8 CASE NAME: BURCHFIELD RESIDENCE
9 CASE NO.: CDP 06-01
10 WHEREAS, Marilyn Burchfield, "Developer/Owner," has filed a verified
application with the City of Carlsbad," described as
12 Lot 6 in block "A" Hayes Land Co. addition to Carlsbad Map
13 No. 2 in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 1221, filed in the
14 Office of the County Recorder of San Diego County, November
4, 1909, including that portion if any lying between the above
described property and the line of ordinary high tide of the
15 waters of the Pacific Ocean and excepting that portion, if any,
of said lots lying below the line of the ordinary high tide of the
17 waters of the Pacific Ocean
18 ("the Property"); and
19 WHEREAS, said verified application constitutes a request for a Coastal
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Development Permit as shown on Exhibits "A" - "B" dated February 21, 2007, on file in the
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Planning Department, CDP 06-01 - BURCHFIELD RESIDENCE as provided by Chapter
23 21.201.040 of the Carlsbad Municipal Code; and
24 WHEREAS, the Planning Commission did, on the 21st day of February 2007,
"") ^\hold a duly noticed public hearing as prescribed by law to consider said request; and
26 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.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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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 CDP 06-01 - BURCHFIELD RESIDENCE based on the
6 following findings and subject to the following conditions:
Findings:
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1. That the proposed development is in conformance with the Certified Local Coastal
9 Program and all applicable policies in that the development is the demolition of an
existing single-family residence and construction of a new single-family residence on
10 a previously developed and subdivided lot; no agricultural activities, sensitive
resources, geological instability, flood hazard or coastal access opportunities exist
onsite and the development does not obstruct views of the coastline as seen from
12 public lands or public right-of-way or otherwise damage the visual beauty of the
coastal zone.
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2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that adequate vertical public access exists within 400 feet to the
, , north of the property and 525 feet to the south of the property and the subject
property was not identified as a potential lot for future additional public access to
16 the shoreline in the Local Coastal Program. In addition, the project has been
conditioned to dedicate a lateral beach access easement for a minimum of 25 feet of
17 dry sandy beach at all times of the year to the California Coastal Commission or
their designee as agreed to with the California Coastal Commission.18
The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the
20 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 run off,
~~ pollutants and soil erosion. No native vegetation is located on the subject property
and the site is not located in an area prone to landslides, or susceptible to
23 accelerated erosion, floods or liquefaction. The existing slopes do not support any
endangered plant/animal species and/or coastal sage scrub and chaparral plant
24 communities. The proposed project is not developing on slopes 25% or greater.
25 4. The project is consistent with the provisions of the Coastal Shoreline Development
26 Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that vertical beach access
exists within 400 feet to the north of the property and 525 feet to the south of the
27 property. The site is not now, and has not historically, been used for vertical beach
access. No vertical beach access is warranted for this development based upon the
ordinance criteria. The project has been conditioned to dedicate a lateral beach
access easement for a minimum of 25 feet of dry sandy beach at all times of the year
PCRESONO. 6251 -2-
to the California Coastal Commission or their designee as agreed to with the
2 California Coastal Commission. A geotechnical analysis of the project site was
prepared. The analysis concluded that the proposed development will have no
3 adverse effects on the stability of the coastal slope. The structure has been designed
with attractive architectural features (facade elements and decorative exterior trim)
which will be compatible with the surrounding development and natural
r environment. Decorative open fencing will remain along the side property lines
keeping the ocean view amenity to the west along Ocean Street. The proposed
6 grading for the excavation of the basement is needed for the development of the site;
however, a grading permit is not required. The project adheres to the coastal
7 "stringline" setback requirement for the proposed single-family residence.
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5. That the Planning Director has determined that the project belongs to a class of projects
9 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
10 preparation of environmental documents pursuant to Section 15301(1) (demolition of an
single-family residence in an urbanized area) and 15303(a) (construction of a single-
family residence in an urbanized area) of the state CEQA Guidelines. In making this
j2 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.
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6. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X
14 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).
7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
17 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
18 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
2Q project will be installed to serve new development prior to or concurrent with need.
Specifically,
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A. The ^project has been conditioned to provide proof from the Carlsbad Unified
22 School District that the project has satisfied its obligation for school facilities.
23 B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
24 collected prior to the issuance of building permit.
25 8. 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
26 to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
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PCRESONO. 6251 -3-
Conditions;
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
3 building permit.
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
6 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
7 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
conditions or seek damages for their violation. No vested rights are gained by Developer
9 or a successor in interest by the City's approval of this Coastal Development Permit.
10 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
them internally consistent and in conformity with the final action on the project.
12 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
16 I 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
17 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
all requirements of law.
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Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, 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 non-
23 discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
24 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
26 validated.
27 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
obligation to provide school facilities.
PCRESONO. 6251 -4-
7. This project shall comply with all conditions and mitigation measures which are required
2 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
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
water and sewer services to the project provides written certification to the City that
c 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
6 facilities will continue to be available until the time of occupancy.
7 9. This approval is granted subject to the approval of V 06-01 and is subject to all
„ conditions contained in Planning Commission Resolution No. 6252 for those other
approvals incorporated herein by reference.
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10. The applicant shall apply for and be issued building permits for this project within 24
10 months of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
12 11- Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction executed by the owner of the real property to be developed. Said notice is
13 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
14 Carlsbad has issued a Coastal Development Permit by Resolution No. 6251 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
16 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
17 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
19 12. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
20 the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
22 13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
23 landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
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14. If building permits are not issued within two years of the demolition of the existing
residential structure, at issuance of building permits the Developer shall pay to the City
26 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
27 time to time.
9 Q 15. 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),
PCRESONO. 6251 -5-
and dedicate a lateral beach access easement with a minimum of twenty-five feet of
2 dry sandy beach at all times of the year to the California Coastal Commission or
their designee as agreed to with the California Coastal Commission.
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16. Prior to the issuance of a building permit, the developer shall record a deed
restriction/waiver of public liability in compliance with the requirements of
Municipal Code Section 21.204.120 (Coastal Shoreline Development Overlay Zone).
6 Engineering:
7 General
17. 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.
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18. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City's anti-graffiti program for wall treatments if and when such a program is
, 2 formally established by the City.
13 19. 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.
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20. 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.
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21. Developer shall cause property owner to execute and submit to the City Engineer for
17 recordation the City's standard form Drainage Hold Harmless Agreement.
1 810 22. Developer shall cause property owner to enter into a Neighborhood Improvement
Agreement with the City for the future public improvement of Ocean Street along the
property frontage for a half street width of 25 feet. Public improvements shall include but
20 are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and
grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street
21 lights, retaining walls and reclaimed water.
22 23. Prior to approval of any grading or building permits for this project, Developer shall
23 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
24 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.
26 24. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
27 other appropriate entities for all public streets and other easements shown on the SITE
PLAN. The offer shall be made by a SEPARATE RECORDED DOCUMENT. All land
28 so offered shall be offered free and clear of all liens and encumbrances and without cost.
Streets that already public are not required to be rededicated.
PCRESONO. 6251 -6-
25. Ocean Street shall be dedicated by Owner along the project frontage based on a center
2 line to right-of-way width of 25 feet and in conformance with City of Carlsbad Standards.
3 Code Reminders:
4 26. 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.
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27. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
7 Code Section 18.04.320.
o0 28. Developer shall pay a landscape plancheck and inspection fee as required by Section
9 20.08.050 of the Carlsbad Municipal Code.
10 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
12 reservations, or other exactions hereafter collectively referred to for convenience as
fees/exactions."
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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
16 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
17
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,
19 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
20 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.21 P
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PC RESO NO. 6251 -7-
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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 21st day of February 2007, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Cardosa, Montgomery and
Whitton
NOES: Commissioner Segall
ABSENT: Commissioners Dominguez and Douglas
ABSTAIN:
JULIE BAKER, Chairperson
CARDSBA0 PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PCRESONO. 6251 -8-