HomeMy WebLinkAbout2008-08-06; Planning Commission; Resolution 64281 PLANNING COMMISSION RESOLUTION NO. 6428
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 07-11 TO ALLOW FOR THE
4 CONSTRUCTION OF A 2,225 SQUARE FOOT SINGLE
5 FAMILY RESIDENCE WITHIN THE CITY'S COASTAL ZONE
LOCATED AT 4338 HIGHLAND DRIVE SOUTH OF HOOVER
6 STREET WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES
7 MANAGEMENT ZONE 1.
CASE NAME: MORRISON RESIDENCE
8 CASE NO.: CDP 07-11
9 WHEREAS, Kevin Morrison, "Developer," has filed a verified application with
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the City of Carlsbad regarding property owned by Shelly Morrison, "Owner," described as
j2 Parcel 3 of Parcel Map No. 11553, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of
13 the County Recorder of San Diego County, August 4, 1981 as
File No. 81-246605 of Official Records.
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("the Property"); and
15 WHEREAS, said verified application constitutes a request for a Coastal
17 Development Permit as shown on Exhibits "A" - "H" dated June 18, 2008, and August 6,
18 2008, on file in the Planning Department, MORRISON RESIDENCE - CDP 07-11, as
19 provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on August 6, 2008 , hold a duly
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99 noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25 relating to the CDP.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES MORRISON RESIDENCE - CDP 07-11 based on the following
findings and subject to the following conditions:
3 Findings:
4 1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the project consists of the construction of a
new 2,225 square foot single-family residence on a lot designated for single-family
5 residential development. At 3.1 dwelling units per acre, the development is
consistent with the Mello II Land Use designation of RLM (0-4 du's/acre); no
7 agricultural activities, sensitive resources, geological instability, flood hazard or
vertical 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
Q otherwise damage the visual beauty of the coastal zone.
JO 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 located adjacent to the shore. The
11 property is located approximately 1 mile from the Pacific Ocean and approximately
1A mile from Agua Hedionda Lagoon; therefore, no coastal access areas or water-
oriented recreational activities exist on or near the site or will be affected by the
13 project.
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, Chapter 15.16 - Grading and Erosion Control,
Chapter 15.12 - Storm Water Management and Discharge Control, Standard Urban
16 Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
17 Management Program (JURMP) to avoid increased urban runoff, pollutants, and
soil erosion. While the project is proposing some development of steep slopes that
18 are located in the western portion of the property, the slopes do not contain sensitive
habitat, and all of the findings can be made to permit development of such coastal
1" slopes as discussed in the staff report. Furthermore, no evidence of landslide or
slope instability is identified on the site, nor is it located in an area susceptible to
accelerated erosion, floods, or liquefaction.
21 4. That the Planning Director has determined that the project belongs to a class of projects
22 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
23 preparation of environmental documents pursuant to Section 15303(a) (construction of
one single family residence in a residential zone on a legal parcel) of the state CEQA
Guidelines. In making this determination, the Planning Director has found that the
25 exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this
project.
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5. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
27 of the Land Use Plan, certified September 1990, and therefore, is not subject to the
~ provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).
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6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
2 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
3 provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
c 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
7 School District that the project has satisfied its obligation for school facilities.
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B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
9 collected prior to the issuance of building permit.
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
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
13 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
14 degree of exaction is in rough proportionality to the impact caused by the project.
15 ^ ,.„.Conditions;
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
17 a grading permit or building permit, whichever occurs first.
1R 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
in 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
20 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
21 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
conditions or seek damages for their violation. No vested rights are gained by Developer
23 or a successor in interest by the City's approval of this Coastal Development Permit.
24 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
them internally consistent and in conformity with the final action on the project.
26 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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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
2° 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
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
4 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
survives until all legal proceedings have been concluded and continues even if the City's
,2 approval is not validated.
13 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
14 body.
7. Developer shall include, as part of the plans submitted for any permit plancheck, a
16 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
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8. 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
i o obligation to provide school facilities.
20 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
21 amount in effect at the time, as established by City Council Resolution from time to time.
22 10. , Building permits will not be issued for this project unless the local agency providing
23 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
24 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.
26 11. 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
27 Section 21.201.210 of the Zoning Ordinance.
2° 12. 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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13. This project has been found to result in impacts to wildlife habitat or other lands, such as
2 agricultural land, non-native grassland, and disturbed lands, which provide some benefits
to wildlife, as documented in the City's Habitat Management Plan and the environmental
3 analysis for this project. Developer is aware that the City has adopted an In-lieu
Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City
4 Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of
5 vegetation and animal species. The Developer is further aware that the City has
determined that all projects will be required to pay the fee in order to be found consistent
6 with the Habitat Management Plan and the Open Space and Conservation Element of the
General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to
7 recordation of a final map, or issuance of a grading permit or building permit, whichever
occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not
be consistent with the Habitat Management Plan and the General Plan and any and all
9 approvals for this project shall become null and void.
10 14. 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
H 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
12 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
13 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.
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15. Prior to the issuance of the building 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
16 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
17 Carlsbad has issued a(n) Coastal Development Permit by Resolution No. 6428 on the
property. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any
in 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
20 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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16. Property owner acknowledges that a Certificate of Noncompliance has been
recorded by the City of Carlsbad on this property pursuant to C.M.C. Chapter
23 18.04.318 for an illegally permitted structure encroaching onto said property, which
violation needs to be rectified.
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17. Property Owner acknowledges that by granting Coastal Development Permit (CDP
07-11), the City is not estopped from, nor does City waive its rights to proceed with
26 future code enforcement action on said property in the future.
27 Engineering:
28 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 building or
PC RESO NO. 6428 -5-
grading permit, whichever occurs first.
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General
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18. 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.
Fees and Agreements
19. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
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10 20. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement.
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12 Grading
13 21 . Based upon a review of the proposed grading and the grading quantities shown on the site
14 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.
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22. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit and the City's Standard Urban Storm Water
17 Mitigation Plan (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
, Q prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
20 limited to notifying prospective owners and tenants of the following:
21 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.
23 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
24 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,
~ , herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
27 containers.
28 c. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
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23. Prior to the issuance of grading permit or building permit, whichever occurs first,
2 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
3 established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
- the project.
6 24. Prior to the issuance of grading permit or building permit, Developer shall submit a
"Storm Water Standard Questionnaire" to determine what level of storm water
standards are required. The project maybe required to submit for City approval a
"Storm Water Management Plan (SWMP)". The SWMP shall demonstrate
compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan
9 (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California
Regional Water Quality Control Board and City of Carlsbad Municipal Code. The
10 SWMP shall address measures to avoid contact or filter said pollutants from storm water,
to the maximum extent practicable, for the post-construction stage of the project. At a
minimum, the SWMP shall:
12 a. Identify existing and post-development on-site pollutants-of-concern.
13 b. Identify the hydrologic unit this project contributes to and impaired water bodies that
could be impacted by this project.
14 c. Incorporate "Low Impact Development", (LID), in the project design.
d. Recommend source controls and treatment controls that will be implemented with this
project to avoid contact or filter said pollutants from storm water to the maximum
15 extent practicable before discharging offsite;
e. Establish specific procedures for handling spills and routine cleanup. Special
17 considerations and effort shall be applied to resident education on the proper
procedures for handling cleanup and disposal of pollutants.
f. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
g. Identify how post-construction runoff rates and velocities from the site will not
exceed the pre-construction runoff rates and velocities .to the maximum extent
20 practicable.
21 25. City Engineer for recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
treatment control, applicable site design and source control, post-construction permanent
23 Best Management Practices prior to the issuance of a grading permit or building permit.
24 Improvements and Dedications
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26 26. Prior to issuance of building permits, or grading permit, whichever occurs first,
Developer shall enter into a City standard Local Improvement District Agreement
27 to pay fair share contributions for undergrounding of all existing overhead utilities
and installation of street lights, as needed, along the subdivision frontage, should a
future district be formed.
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27. Developer shall provide written permission from SDG&E regarding the proposed
2 improvements within the SDG&E easements as shown on this site plan.
28. Developer shall apply for and obtain a Right-of-Way (ROW) permit for any work
4 proposed within the public right-of-way or City property.
5 Utilities
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29. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
7 for connection to public facilities.
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30. The Developer shall install potable water service and meter at locations approved by the
9 District Engineer. The locations of said services shall be reflected on public improvement
plans.10
11 31. The Developer shall install sewer lateral and clean-out at locations approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
12 improvement plans.
Fire:
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32. Developer shall install combination of fire and domestic service to accommodate the
15 required automatic fire sprinkler system to the satisfaction of the Fire Marshall.
33. Windows on east side of residence shall be provided with internal metal frames.
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Code Reminders;
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The project is subject to all applicable provisions of local ordinances, including but not limited to
*9 the following code requirements:
20 34. Approval of this request shall not excuse compliance with all applicable sections of the
21 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
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33. Developer shall comply with all applicable provisions of federal, state and local laws and
regulations in effect at the time the grading or building permit is issued.
24 34. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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26 NOTICE
27 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
28 "fees/exactions."
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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 August 6, 2008, by the following vote,
towit:
AYES: Commissioners Boddy, Cardosa, Douglas, Montgomery, and
Chairperson Whitton
NOES:
ABSENT: Commissioner Baker
ABSTAIN: Commissioner Dominguez
/FRANK H. WHITTON, Chairperson
'CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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