HomeMy WebLinkAbout2008-04-16; Planning Commission; Resolution 64131 PLANNING COMMISSION RESOLUTION NO. 6413
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL
DEVELOPMENT PERMIT CDP 07-29 TO DEMOLISH AN
4 EXISTING SINGLE-FAMILY RESIDENCE AND ASSOCIATED
DETACHED GARAGE AND CONSTRUCT A FIVE-UNIT (5)
RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A
6 0.27 ACRE SITE GENERALLY LOCATED ON THE NORTH SIDE
OF CHESTNUT AVENUE, EAST OF LINCOLN STREET, AND
7 WEST OF WASHINGTON STREET, IN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN8
9 CASE NAME: CHESTNUT FIVE CONDOMINIUMS
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: CHESTNUr
CASE NO.: CDP 07-29
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WHEREAS, MARK GARDNER, "Developer/Owner," has filed a verified
, - application with the City of Carlsbad regarding property described as
13 The Southwesterly half of the following described parcel of
land:
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All Of Tract 221 Of Thum Lands, in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof NO. 1681, filed in the Office of the County Recorder of
San Diego County, December 9,1915.
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Excepting from said Tract 221, the Southwest 100 feet. Also
1 excepting the Northeast 10 feet thereof.
("the Property"); and
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WHEREAS, said verified application constitutes a request for a Coastal
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Development Permit as shown on Exhibits "A" - "R" dated April 16, 2008, on file in the
23 Planning Department, CHESTNUT FIVE CONDOMINIUMS - CDP 07-29, as provided by
24 Chapter 21.201.040 of the Carlsbad Municipal Code; and
25 WHEREAS, the Planning Commission did, on April 16, 2008, hold a duly
26 noticed public hearing as prescribed by law to consider said request; and
27"
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WHEREAS, at said public hearing, upon hearing and considering all testimony
2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CDP.
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5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
9 APPROVES THE CHESTNUT AVENUE FIVE CONDOMINIUMS - CDP
07-29 based on the following findings and subject to the following conditions:
10 Findings;
1. That the proposed development is in conformance with the Mello II Segment of the
Certified Local Coastal Program and all applicable policies in that the project consists of
the demolition of an existing house and detached garage and construction of a new
13 five (5) unit multi-family residential air-space condominium project with a
subterranean garage on a lot designated for multi-family development; 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 public lands or public right-of-way or otherwise
15 damage the visual beauty of the coastal zone.
17 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the project site is not located 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-oriented recreational activities.
20 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203-Carlsbad Municipal Code) in that the project will adhere to the
21 City's Master Drainage Plan, Chapter 15.16-Grading and Erosion Control, Chapter 15.12-
Storm Water Management and Discharge Control, 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
24 prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction.
25 4. 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 Protection Zone
26 (Chapter 21.204 of the Zoning Ordinance).
27 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
Coastal Agricultural Overlay Zone (Chapter 21.201 of the Zoning Ordinance).
PCRESONO. 6413 -2-
6. That the Planning Director has determined that the project belongs to a class of projects
2 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
3 preparation of environmental documents pursuant to Section 15332, In-Fill Development
Projects, in that, the project is consistent with the General Plan; the Zoning
4 Ordinance; the project is within the City limits; is less than five (5) acres in size; and
4- is surrounded by urban uses.
g 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
7 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.8
Conditions:
10 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
recordation or issuance of a grading permit, whichever comes first.
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
12 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
revoke or modify all approvals herein granted; deny or further condition issuance of all
14 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
15 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.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
18 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.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
2Q development, different from this approval, shall require an amendment to this approval.
21 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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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
24 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
25 unless the City Council determines that the project without the condition complies with
all requirements of law.
27 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
28 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
PCRESONO. 6413 -3-
or indirectly, from (a) City's approval and issuance of this Coastal Development Permit,
2 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
3 (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
4 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.
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6. This project shall comply with all conditions and mitigation measures which are required
7 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.8
9 7. This approval is granted subject to the approval of CT 07-13 and CP 07-05 and is subject
to all conditions contained in Planning Commission Resolutions No. 6410 and 6412 for
10 those other approvals incorporated herein by reference.
8. The applicant shall apply for and be issued building permits for this project within two
j2 (2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
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9. Prior to the issuance of building permits, the applicant shall apply for and obtain a
14 grading permit issued by the City Engineer.
10. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
16 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
17 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
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
19 approval will not be consistent with the General Plan and shall become void.
20 11. Prior to final map recordation or issuance of a grading permit, whichever occurs
first, Developer shall submit to the City a Notice of Restriction executed by the owner of
21 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 Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Coastal
23 Development Permit by Resolution No. 6413 on the property. Said Notice of
Restriction shall note the property description, location of the file containing complete
24 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
26 said notice upon a showing of good cause by the Developer or successor in interest.
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PCRESONO. 6413 -4-
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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 April 16, 2008, by the following vote,
to wit:
AYES:
NOES:
Commissioners Baker, Cardosa, Dominguez, Douglas,
Montgomery, and Chairperson Whitton
ABSENT: Commissioner Boddy
ABSTAIN:
7RANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
%L* / l&u
DON NEU
Planning Director
PCRESONO. 6413 -5-