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HomeMy WebLinkAbout2008-03-05; Planning Commission; Resolution 64001 PLANNING COMMISSION RESOLUTION NO. 6400 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 07-12 FOR THE 4 CONSTRUCTION OF ONE SINGLE-FAMILY RESIDENCE ON 5 PROPERTY LOCATED AT 4015 SUNNYHILL DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. 6 CASE NAME: SEARS RESIDENCE CASE NO.: CDP 07-12 7 WHEREAS, Tom Sears, "Developer/Owner," has filed a verified applicationo 9 with the City of Carlsbad regarding property described as 10 That portion of parcel 2 of parcel map no. 14442, in the City of Carlsbad, County of San Diego, State Of California, according to map thereof filed in the office of the County Recorder of San 12 Diego County, August 28,1986 13 ("the Property"); and 14 WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits "A" - "E" dated March 5, 2008, on file in the 16 Planning Department, SEARS RESIDENCE - CDP 07-12, as provided by Chapter 21.201.040 17 of the Carlsbad Municipal Code; and18 19 WHEREAS, the Planning Commission did, on March 5, 2008, hold a duly 20 noticed public hearing as prescribed by law to consider said request; and 21 WHEREAS, at said public hearing, upon hearing and considering all testimony 22 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 23 relating to the CDP. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 26 Commission of the City of Carlsbad as follows: 27 A) That the foregoing recitations are true and correct. 28 B) That based on the evidence presented at the public hearing, the Commission APPROVES SEARS RESIDENCE - CDP 07-12 based on the following findings and subject to the following conditions: Findings; 2 1. That the proposed development is in conformance with the Certified Local Coastal 3 Program and all applicable policies in that the site is designated for single-family residential development and the development consists of a new single-family home. 4 The development is consistent with the Mello II Land Use designation of RLM; no agricultural activities, sensitive resources, geological instability, flood hazard or vertical coastal access opportunities exist onsite and the development does not 5 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. 7 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site is located approximately % mile from Agua Hedionda Lagoon and approximately 1.5 miles from the Pacific Ocean; therefore, no coastal access areas or water-oriented recreational activities exist on or near the 10 site or will be affected by the project. 11 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, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, 14 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 1 5 susceptible to accelerated erosion, floods, or liquefaction. 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 \ g 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 19 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. 91 5. 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 22 provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 23 6. The project is consistent with the City- Wide Facilities and Improvements Plan, the Local 24 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 provide funding to ensure that all facilities and improvements regarding: sewer collection 26 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 27 project will be installed to serve new development prior to or concurrent with need. Specifically, PC RESO NO. 6400 -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 building permit. 5 7. The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay 6 Zone (Chapter 21.201 of the Zoning Ordinance). ' 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 9 degree of exaction is in rough proportionality to the impact caused by the project. 10 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit. 13 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 14 implemented and maintained according to their terms, the City shall have the right to 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 property title; institute and prosecute litigation to compel their compliance with said 17 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.18 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 20 them internally consistent and in conformity with the final action on 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. 22 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 23 regulations in effect at the time of building permit issuance. 24 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 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 27 all requirements of law. 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 PC RESO NO. 6400 -3- representatives, from and against any and all liabilities, losses, damages, demands, claims 2 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, 3 (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, c 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 6 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 7 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making 9 body. 10 7. 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. 12 8. This project shall comply with all conditions and mitigation measures which are required 13 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 14 .,. 9. At issuance of building permits 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 16 amount in effect at the time, as established by City Council Resolution from time to time. 17 10. 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 19 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. 20 11. The applicant shall apply for and be issued building permits for this project within two 21 (2) years of approval or this coastal development permit will expire unless extended per ~~ Section 21.201.210 of the Zoning Ordinance. 23 12. 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 24 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 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 26 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. 27 13. Prior to the issuance of a grading 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 to be filed in the office of the County Recorder, subject to the satisfaction of the Planning PC RESO NO. 6400 -4- Director, notifying all interested parties and successors in interest that the City of 2 Carlsbad has issued a Coastal Development Permit by Resolution No. 6400 on the property. Said Notice of Restriction shall note the property description, location of the 3 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 <- which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 6 Engineering 7 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a grading permit. 9 General 10 14. 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 , 2 for the proposed haul route. 13 15. Subject to the City Engineer's approval, the property owner shall apply for and obtain an encroachment agreement with the City to allow the existing trees/shrubs 14 and concrete walkway pavers located in the Sunnyhill Drive public right-of-way to remain. Otherwise, said trees/shrubs and concrete walkway pavers or portion thereof shall be removed as determined by the City Engineer. 16 16. The planter strip between the proposed driveway and the existing driveway serving 17 4001 and 4005 Sunnyhill Drive shall be no less than 3 feet wide. 1 ° Fees/Agreements 19 17. Developer shall cause property owner to execute and submit to the City Engineer for 20 recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property.21 22 18. Developer shall cause property owner to execute, and submit to the City Engineer for recordation, a deed restriction on the property which relates to the proposed cross lot 23 drainage as shown on the site plan. The deed restriction document shall: 24 A. Clearly delineate the limits of the drainage course; 25 B. State that the drainage course is to be maintained in perpetuity by the underlying 26 property owner; and 27 C. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. PC RESO NO. 6400 -5- 19. Prior to approval of any grading or building permits for this project, Developer shall 2 cause Owner to give written consent to the City Engineer for the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street 3 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. 20. Developer shall install sight distance corridors at the driveway in accordance with City 6 Engineering Standards. Said site distance shall be shown on the grading plan. 7 Grading o 21. Based upon a review of the proposed grading and the grading quantities shown on the site 9 plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit. 10 22. Developer shall comply with the City's requirements of the National Pollutant Discharge 11 Elimination System (NPDES) permit and the City's Standard Urban Storm Water 12 Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best 13 Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to 14 and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: 16 A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and 17 hazardous waste products. 1 8 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, in 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 20 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet 21 Federal, State, County and City requirements as prescribed in their respective containers. 23 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 24 23. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best 2ft Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent 27 Best Management Practices prior to the issuance of a grading permit or building permit, or the recordation of a parcel map, whichever occurs first for this Project. 28 PC RESO NO. 6400 -6- 24. Developer shall have the entire drainage system designed, submitted to and approved by 2 the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the 3 runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the ^ detention basin capacities necessary to accomplish the desired results. Dedications/Improvements 6 25. Developer shall provide the design of all private drainage systems to the satisfaction of 7 the City Engineer. All private drainage systems shall be inspected by the City. Q 26. Unless an alternative means of sewer connection that eliminates the need to 9 construct a sewer main is approved by the City Engineer, developer shall execute a City standard development improvement agreement to install and secure with appropriate 10 security as provided by law, public sewer improvements shown on the site plan. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. More specifically, these improvements include: 12 A. Adding a sewer lateral and extending a sewer main in Sunnyhill Drive 13 northerly from its existing terminus located southeast of the property. 14 B. Adding a water service from the property line to the public street main. Improvements listed above shall be constructed within 18 months of approval of the 16 development improvement agreement or such other time as provided in said agreement. 17 Utilities 18 27. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 19 for connection to public facilities. 20 28. The Developer shall install potable water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement 21 plans. 22 29. The Developer shall install sewer laterals and clean-outs at locations approved by the 23 District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 24 30. The Developer shall design and construct public water and sewer facilities substantially as shown on the Site Plan to the satisfaction of the District Engineer. 26 Code Reminders: 27 The project is subject to all applicable provisions of local ordinances, including but not limited to 2° the following code requirements: PC RESO NO. 6400 -7- 31. Approval of this request shall not excuse compliance with all applicable sections of the 2 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 3 32. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 4 Code Section 18.04.320. NOTICE 6 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 g "fees/exactions." 9 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 11 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 12 annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 1 . 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 15 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 16 expired. 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6400 -8- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on March 5, 2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery, and Chairperson Whitton ABSENT: Commissioner Douglas ABSTAIN: FRANK WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6400 -9-