HomeMy WebLinkAbout2008-06-04; Planning Commission; Resolution 64271 PLANNING COMMISSION RESOLUTION NO. 6427
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL
DEVELOPMENT PERMIT CDP 07-23 TO ALLOW FOR THE
4 DEMOLITION OF AN EXISTING TWO-FAMILY DWELLING
5 AND THE CONSTRUCTION OF FIFTEEN (15) ONE AND TWO
STORY RESIDENTIAL AIR-SPACE CONDOMINIUMS AND AN
6 UNDERGROUND PARKING GARAGE ON A .783 ACRE SITE
GENERALLY LOCATED ON THE SOUTH SIDE OF WALNUT
7 AVENUE, WEST OF LINCOLN STREET, AND EAST OF
GARFIELD STREET, IN THE MELLO II SEGMENT OF THE
8 LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES
9 MANAGEMENT ZONE 1.
CASE NAME: WALNUT AVENUE CONDOMINIUMS
10 CASE NO.: CDP 07-23
11 WHEREAS, BARON INVESTMENT GROUP, LLC, "Developer/Owner," has
12 filed a verified application with the City of Carlsbad regarding property described as
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A portion of Thum Lands, Tract 216, in the City of Carlsbad,
14 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. Together with those
16 portions of Walnut Avenue and Lincoln Street vacated by
Resolution No. 96-59, a resolution of the City Council of the,
17 City of Carlsbad, a certified copy recorded April 2, 1996 as
File No. 1996-0163578 of Official Records, all as set forth in1 8 that certain Certificate of Compliance recorded April 18, 2007
19 as File No. 2007-0261639, 2007-0261640, and 2007-0261641 of
Official Records.
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Coastal
23 Development Permit as shown on Exhibits "A" - "EE" dated June 4, 2008, on file in the
24 Planning Department, WALNUT AVENUE CONDOMINIUMS - CDP 07-23, as provided by
25 Chapter 21.201.040 of the Carlsbad Municipal Code; and
26 WHEREAS, the Planning Commission did, on June 4, 2008, hold a duly noticed
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public hearing as prescribed by law to consider said request; and
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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.
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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 WALNUT AVENUE CONDOMINIUMS - CDP 07-23
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
12 Certified Local Coastal Program and all applicable policies in that the project consists of
the demolition of an existing two-family dwelling and construction of a new fifteen
13 (15) unit multi-family residential air-space condominium project with a
subterranean garage on a lot designated and zoned 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
] 5 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
Q the sea and the site is not suited for water-oriented recreational activities.
2Q 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
21 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
22 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,
24 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).
77' 5. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
90 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).
PC RESO NO. 6427 -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
Ordinance; the project is within the City limits; is less than five (5) acres in size; and
r is surrounded by urban uses.
6 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.
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Conditions:
JO 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
implemented and maintained over time, if any of such conditions fail to be so
13 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
20 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.26 M
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
PC RESO NO. 6427 -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
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.
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9 7. This approval is granted subject to the approval of CT 07-10 and CP 07-04 and is subject
to all conditions contained in Planning Commission Resolutions No. 6425 and 6426 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
(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
jo 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
2 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. 6427 on the property. Said Notice of Restriction
shall note the property description, location of the file containing complete project details
24 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
26 showing of good cause by the Developer or successor in interest.
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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 June 4, 2008, by the following vote, to
wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, and
Chairperson Whitton.
ABSENT: Commissioner Montgomery
ABSTAIN:
*RANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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