HomeMy WebLinkAbout2007-07-18; Planning Commission; Resolution 63241 PLANNING COMMISSION RESOLUTION NO. 6324
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT CDP 05-45 TO
4 DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE
AND CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE
AND A DETACHED THREE-CAR GARAGE ON A .45 ACRE
6 LOT LOCATED ON THE SOUTH SIDE OF TAMARACK
AVENUE BETWEEN THE SAN DIEGO NORTHERN
7 RAILROAD TRACKS AND HIBISCUS CIRCLE WITHIN THE
MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM
8 AND LOCAL FACILITIES MANAGEMENT ZONE 1.
9 CASE NAME: ALDERSON RESIDENCE
CASE NO.: CDP 05-45
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WHEREAS, Richard & Susan Alderson, "Developer/Owner," has filed a
, ~ verified application with the City of Carlsbad regarding property described as
13 That portion of Tract No. 232 of Thum Lands, in the City of
Carlsbad, County of San Diego, State of California, according
14 to map thereof 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
Development Permit as shown on Exhibits "A" - "L" dated July 18, 2007, on file in the
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Planning Department, CDP 05-45 - ALDERSON RESIDENCE, as provided by Chapter
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21.201.040 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 18th day of July, 2007, hold a
23 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.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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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 CDP 05-45 - ALDERSON RESIDENCE based on the following
findings and subject to the following conditions:
4
5 Findings;
That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the project consists of the demolition of an
7 existing single-family residence and the construction of a new single-family
residence and a detached three-car garage on a previously subdivided and graded
° lot; no significant agricultural resources, 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 public lands or public right-of-way
10 or otherwise damage the visual beauty of the coastal zone.
11 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 not adjacent to the shore. Therefore, the
project will not interfere with the public's right to physical access to the sea and the
site is not suited for water-orientation recreation activities.
14 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
15 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, 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, or susceptible to accelerated erosion,
18 floods, or liquefaction.
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
preparation of environmental documents pursuant to Section 15301(L)(1) (demolition of
a single-family residence in an urbanized area) and Section 15303(a) (construction of
22 a single-family residence in an urban 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.
24 5. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
25 of the Land Use Plan, certified September 1990, and therefore, is not subject to the
provisions of the Coastal Agricultural Overlay Zone (Chapter 21.202 of the Zoning
26 Ordinance).
6. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
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
PC RESO NO. 6324 -2-
provide funding to ensure that all facilities and improvements regarding sewer collection
2 and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
3 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
School District that the project has satisfied its obligation for school facilities.
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7 B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.8
9 7. The project is not located between the sea and the first public road parallel to the sea and,
10 therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.201 of the Zoning Ordinance).
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8. The Planning Commission has reviewed each of the exactions imposed on the Developer
12 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
1 _ 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.
14 Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
a grading permit or building permit whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
18 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
19 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
issued under the authority of approvals herein granted; record a notice of violation on the
21 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
22 or a successor in interest by the City's approval of this Coastal Development Permit.
73 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
24 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.
25 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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~7 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.
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PC RESO NO. 6324 -3-
4. If any condition for construction of any public improvements or facilities, or the payment
2 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
3 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.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
6 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
7 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
9 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
10 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
* 1 survives until all legal proceedings have been concluded and continues even if the City's
, ~ approval is not validated.
13 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
14 obligation to provide school facilities.
7. This project shall comply with all conditions and mitigation measures which are required
16 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. 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 extended
19 per Section 21.201.210 of the Zoning Ordinance.
20 9. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
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22 10- Prior to the issuance of the grading and/or building permit, whichever comes first,
Developer shall submit to the City a Notice of Restriction executed by the owner of the
23 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
24 parties and successors in interest that the City of Carlsbad has issued a Coastal
Development Permit by Resolution No. 6324 on the property. Said Notice of
Restriction shall note the property description, location of the file containing complete
26 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
27 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.28
PC RESO NO. 6324 -4-
11. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
2 the Site Plan reflecting the conditions approved by the final decision-making body.
3 12. 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
adequate water service and sewer facilities, respectively, are available to the project at the
c 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.
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13. If building permits are not issued for the new one-family dwelling within two years
7 of the demolition of the existing residential structure, 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
9 Resolution from time to time.
10 14. Prior to the issuance of the building permit, Developer shall submit an acoustical
analysis complying with the City requirements of the Carlsbad Noise Guidelines
Manual to ensure that 60 dB(A) exterior noise level and 45 dB(A) interior noise level
standards are met.
13 Engineering:
14 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.
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16. 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 regarding
drainage across the adjacent property.18
17. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
20 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 Street Lighting and Landscaping District. Said written consent shall be
22 on a form provided by the City Engineer.
23 18. 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
24 grading permit from the City Engineer prior to issuance of a building permit for the
25 project.
25 19. No grading for private improvements shall occur outside the limits of this approval unless
Developer obtains, records and submits a recorded copy to the City Engineer a grading or
27 slope easement or agreement from the owners of the affected properties. If Developer is
unable to obtain the grading or slope easement, or agreement, no grading permit will be
issued. In that case Developer must either apply for and obtain an amendment of this
approval or modify the plans so grading will not occur outside the project and apply for
PC RESO NO. 6324 -5-
and obtain a finding of substantial conformance from both the City Engineering and
2 Planning Director.
3 20. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit and the City's SUSMP. 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 prior to discharge to sensitive areas. Plans for such
6 improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
7 the following:
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A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
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B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
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,
13 herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
14 containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
17 21. Developer will need to provide a copy of the recorded private drainage easement for
the property located to the southwest of subject property as shown on the site plan
° to the satisfaction of the City Engineer.
Code Reminders:
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22. 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 23. The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
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A. Developer shall exercise special care during the construction phase of this project
to prevent offsite siltation. Planting and erosion control shall be provided in
26 accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance)
to the satisfaction of the City Engineer.
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B. Prior to issuance of building permits, Developer shall pay all fees, deposits, and
2 charges 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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4 C. The Developer shall install potable water services and meters at a location
approved by the District Engineer. The locations of said services shall be reflected
on public improvement plans.
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7 D. The Developer shall install sewer laterals and clean-outs at a location approved by
the District Engineer. The locations of sewer laterals shall be reflected on public
8 improvement plans.
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, ~ E. This project is approved upon the express condition that building permits will not
be issued for the development of the subject property, unless the District Engineer
has determined that adequate water and sewer facilities are available at the time of
occupancy.
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24. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
13 Code Section 18.04.320.
NOTICE
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i /- 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
17 "fees/exactions."
18 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
20 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
21 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
24 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
25 expired.
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PC RESO NO. 6324 -7-
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2 Commission of the City of Carlsbad, California, held on the 18th day of July, 2007, by the
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following vote, to wit:
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- AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, Montgomery, and Whitton
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NOES:
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ABSENT:8
9 .ABSTAIN:
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JULIE BA1CEK Chairperson
CARLSBAD PLANNING COMMISSION
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14 ATTEST:
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DON NEU
17 Planning Director
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PCRESONO. 6324