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HomeMy WebLinkAbout2008-08-06; Planning Commission; Resolution 63881 PLANNING COMMISSION RESOLUTION NO. 6388 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT CDP 06-27 FOR THE 4 ILLEGAL CONSTRUCTION OF A 404 SQUARE-FOOT 5 PARTIAL ENCLOSURE OVER AN EXISTING PATIO AREA, A FIREPLACE/CHIMNEY, A BUILT-IN BARBEQUE, AND. A 6 BLOCK WALL ON THE EASTERN PORTION OF AN EXISTING SINGLE-FAMILY RESIDENCE WITHIN THE 7 CITY'S COASTAL ZONE LOCATED AT 3015 OCEAN STREET WITHIN THE MELLO II SEGMENT OF THE LOCAL 8 COASTAL PROGRAM (LCP) AND LOCAL FACILITIES 9 MANAGEMENT ZONE 1. CASE NAME: PHIPPS RESIDENCE 10 CASE NO.: CDP 06-27 11 WHEREAS, Dave Olds, Santa Fe Design & Construction, "Applicant," has 12 filed a verified application with the City of Carlsbad regarding property owned by Virginia 13 Phipps, "Owner," described as 14 1 _ The Southeasterly 58 feet of the following described property: that portion of Town of Carlsbad, in the City of Carlsbad, in 16 the County of San Diego, State of California, according to Map thereof No. 365, filed in the office of the County Recorder of 17 San Diego County on February 2, 1887, and that portion of Ocean Street as shown on said Map, as closed to public use, described as follows: beginning at the intersection of the 19 Southwesterly prolongation of the Northwesterly line of Block 1 of said Town of Carlsbad, with the Southwesterly line of 20 State Highway Division VII, Route 2, Section "B", Sheet 18, approved October 17, 1912, as per map on file in the office of 21 the County Surveyor of San Diego County; thence along said 22 Southwesterly line, South 30° 56'20" East 100.2 feet; thence South 55° 27' West to the ocean mean high tide line; thence 23 Northwesterly along said mean high tide line to an intersection with the Southwesterly prolongation of the Northwesterly line 24 of Block 14 of said Town of Carlsbad; thence Northeasterly along said prolongation to the point of beginning. ^t-J 26 EXCEPTING therefrom that portion, if any, lying between the Westerly line of State Highway, Division VII, Route 2, Section 27 "B", Sheet 18, approved October 17, 1912 and the Westerly line of Ocean Street as shown on said Map No. 365. 28 ALSO EXCEPTING therefrom that portion thereof described in deed to Millard Haymore et ux, and recorded April 16,1953 in book 4823, page 377 of Official Records, described as 2 follows: the Northeasterly 24 feet of the Southeasterly 2 feet of the following described property: that portion of Town of 3 Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 365 filed in the 4 office of the County Recorder of San Diego County on - February 2, 1887, and that portion of Ocean Street as shown on said Map, as closed to public use, described as follows: 6 beginning at the intersection of the Southwesterly prolongation of the Northwesterly line of Block 14 of said Town of Carlsbad 7 with the Southwesterly line of State Highway Division VII, Route 2, Section "B", Sheet 18, approved October 17,1912, as per map on file in the office of the County Surveyor of San 9 Diego County; thence along said Southwesterly line, South 30° 56'20" East 100.2 feet; thence South 55° 27' West to the 10 ocean mean high tide line; thence Northwesterly along said mean high tide line to an intersection with the Southwesterly prolongation of the Northwesterly line of Block 14 of said 12 Town of Carlsbad; thence Northeasterly along said prolongation to the point of beginning. 13 EXCEPTING therefrom that portion, if any, lying between the 14 Westerly line of State Highway, Division VII, Route 2, Section "B", Sheet 18, approved October 17, 1912 and the Westerly line of Ocean Street as shown on said Map No. 365. 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Coastal 18 in Development Permit as shown on Exhibits "A" - "C" dated August 6, 2008, on file in the 20 Planning Department, PHIPPS RESIDENCE - CDP 06-27, as provided by Chapter 21.201.040 21 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on April 16, 2008, May 7, 2008, 23 July 16, 2008 and August 6, 2008, hold a duly noticed public hearing as prescribed by law to 24 consider said request; and 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the CDP. PCRESONO. 6388 -2- 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 <- B) That based on the evidence presented at the public hearing, the Commission APPROVES PHIPPS RESIDENCE - CDP 06-27, based on the following 6 findings and subject to the following conditions: Findings: 7 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project proposes the modification and 9 allowance of an existing partial enclosure over an existing patio area, a fireplace/chimney, a built-in barbeque, and a block wall on the eastern portion of an 10 existing single-family residence. The subject site has an LCP Land Use Plan designation of RH (Residential High Density; 15.0-23.0 du/ac), which allows for 19.0 dwelling units per acre at the Growth Management Control Point. The proposed j2 accessory structures associated with a single-family residence is consistent with the land use type and density regulations for the property. 13 The proposed accessory structures to a single-family residence would be consistent 14 with the surrounding development of single-family structures. The additions will not obstruct views of the coastline as seen from public lands or the public right-of- way since a single-family residence exists, nor otherwise damage the visual beauty of 16 the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. The proposed additions on the east side 17 of the property are not located in an area of known geologic instability or flood hazard. No public opportunities for coastal shoreline access are available from the subject site. The residentially designated site is not suited for water-oriented in recreation activities. 20 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 located adjacent to the shore; however, there 21 are no opportunities for vertical coastal access or recreational activities from the subject site as the site is developed with a single family residence and there are no public access easements on the lot for public beach access. There is adequate 23 vertical public access to public beaches located to the north and south of the property. Therefore, the project will not interfere with the public's right to physical 24 access to the sea. 25 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, 27 Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, 28 pollutants, and soil erosion. No steep slopes or native vegetation is located on the PCRESONO. 6388 -3- subject property and the site is not located in an area prone to landslides, or 2 susceptible to accelerated erosion, floods, or liquefaction. 3 4. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance) to provide the public with the 4 right of lateral access to a minimum of twenty-five feet of dry sandy beach, in that the project has been conditioned to provide the public with this access at all times of the year. The new additions are constructed on the east side of the existing residence 5 and are not adjacent to any steep slopes. 7 5. The project is consistent with the provisions of the Beach Area Overlay Zone (Chapter 21.82 of the Zoning Ordinance) in that the project will adhere to the building height requirements of the Beach Area Overlay Zone. The maximum height may not exceed 30 feet and two stories if a minimum 3/12 roof pitch is provided or 24 feet and two stories if less than a 3/12 roof pitch. The maximum height of the accessory 10 structures are 11' (fireplace/chimney). 11 Conditions: 12 Planning: 1 "^1J Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 15 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 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 j 3 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 19 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. 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 22 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. 24 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 25 regulations in effect at the time of building permit issuance. 26 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 2g 66020. If any such condition is determined to be invalid, this approval shall be invalid PC RESO NO. 6388 -4- unless the City Council determines that the project without the condition complies with 2 all requirements of law. 3 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 representatives, from and against any and all liabilities, losses, damages, demands, claims s- 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, 6 (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, 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 9 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 10 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 12 body. 13 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 14 format. 8. 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 17 9. This approval is granted subject to the approval of V 06-02 and is subject to all conditions contained in Planning Commission Resolution No. 6389 for those other 1 9 approvals incorporated herein by reference except for Condition No. 2. 20 10. The applicant shall apply for and be issued building permits for this project within six (6) months of approval, and complete final inspection with within one year, or 2 this coastal development permit will expire. 22 1 1 . Prior to the issuance of the building permit, Developer shall submit to the City a Notice 23 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 24 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Coastal Development Permit by Planning Commission Resolution No. 6388 on the property. Said Notice of Restriction shall note the property description, 26 location of the 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. 27 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. PC RESO NO. 6388 -5- 12. Prior to the issuance of a building permit, the owner shall comply with the Coastal 2 Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance), and dedicate a lateral access to a minimum of twenty-five feet of dry sandy beach at 3 all times of the year to the California Coastal Commission or their designee as agreed to with the California Coastal Commission.4 c 13. 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 6 Municipal Code Section 21.204.120 (Coastal Shoreline Development Overlay Zone). 7 Engineering: o 14. Developer shall cause property owner to execute and submit to the City Engineer for 9 recordation a 2.5 foot wide Irrevocable Offer of Dedication (IOD) along the frontage of Ocean Street. Owner shall dedicate said IOD for public road and public utility 10 purposes. The offer shall be made by separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City.11 Developer shall pay the standard processing fee for easements in accordance with the fee j2 schedule. 13 15. Developer shall cause property owner to execute and submit to the City Engineer for recordation of Encroachment Agreement for the existing private masonry wall, 14 fireplace and chimney improvements within Ocean Street right-of-way to the , - satisfaction of the City Engineer. Developer shall pay the standard processing fee for encroachment agreements in accordance with the fee schedule. 16 16. Developer shall comply with the City's Stormwater Regulations, latest version, and shall 17 implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and 19 educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or 20 stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 21 ~~ Code Enforcement: 23 17. The applicant shall apply for and be issued building permits for this project within six (6) months of approval, and complete final inspection with within one year. 24 Code Reminder: Z^J 26 18. 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 27 permit issuance, except as otherwise specifically provided herein. • • • 28 PCRESONO. 6388 -6- 1 NOTICE 2 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 4 "fees/exactions." 5 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 g annul their imposition. 9 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 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 14 Commission of the City of Carlsbad, California, held on August 6, 2008, by the following vote, 15 to wit: 16 AYES: Commissioners Cardosa, Douglas, Montgomery, and Chairperson 17 Whitton 18 NOES: Commissioners Boddy and Dominguez 19 ABSENT: Commissioner Baker 20 21 ABSTAIN: 22 23 FRANK WHITTON, Chairperson 24 CARLSBAD PLANNING COMMISSION 25 ATTEST:z6 27 28 DON NEU Planning Director PCRESONO. 6388 -7-