HomeMy WebLinkAbout2008-08-20; Planning Commission; Resolution 64551 PLANNING COMMISSION RESOLUTION NO. 6455
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT CDP 08-01 TO ALLOW
4 FOR THE CONSTRUCTION OF TWO (2) SINGLE-FAMILY
5 RESIDENCES ON TWO (2) PREVIOUSLY SUBDIVIDED AND
VACANT .20 ACRE LOTS GENERALLY LOCATED ON THE
6 EAST SIDE OF JAMES DRIVE DIRECTLY ACROSS FROM
TARA COURT WITHIN THE MELLO II SEGMENT OF THE
7 LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 1.
8 CASE NAME: JAMES DRIVE ESTATES
9 CASE NO.: CDP 08-01
10 WHEREAS, Gregory D. Mayer, "Developer," has filed a verified application
with the City of Carlsbad regarding property owned by Hubert Harley Ingold, "Owners,"
12 described as
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That Portion of Lot 14 in Block "G" of Belle Vista, in the City
14 of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 2152, filed in the Office of the
County Recorder of San Diego County, March 7,1929
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Coastal18
in Development Permit as shown on Exhibits "A" - "Q" dated August 20, 2008, on file in the
20 Planning Department, JAMES DRIVE ESTATES - CDP 08-01, as provided by Chapter
21 21.201.040 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on August 20, 2008, hold a duly
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noticed 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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2ft and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
27 relating to the CDP.
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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
3 APPROVES JAMES DRIVE ESTATES - CDP 08-01 based on the following
findings and subject to the following conditions:4
r Findings:
6 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
7 two new single-family residences on two vacant legal lots, which were previously
subdivided for residential development; no agricultural activities, sensitive
resources, geological instability, flood hazard, or coastal access opportunities exist
9 onsite; and, the development does not obstruct views of the coastline as seen from
public lands or public right-of-way or otherwise damage the visual beauty of the
10 coastal zone.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
12 of the Coastal Act in that the properties are not located adjacent to the shore and
therefore the project will not interfere with the public's right to physical access to
13 the ocean and the sites are not suited for water-oriented recreational activities.
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
City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance,
16 Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban
Runoff Management Program (JURMP) to avoid increased urban runoff,
17 pollutants, and soil erosion. 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.
19 4. That the Planning Director has determined that the project belongs to a class of projects
20 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
21 preparation of environmental documents pursuant to Section 15303(a) (construction of
one single-family residence on a legal parcel in an urbanized area) of the state CEQA
Guidelines. In making this determination, the Planning Director has found that the
23 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
25 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).
27 6. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
28 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
PC RESO NO. 6455 -2-
provide funding to ensure that all facilities and improvements regarding sewer collection
2 and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
3 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
School District that the project has satisfied its obligation for school
facilities.
7 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44,
and will be collected prior to issuance of building permit.8
n c. 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.
10 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
11 Code Section 14.28.020 and Landscape Manual Section I B).
•i ^8. The Planning Commission finds that the project, as conditioned herein, is in
,., conformance with the Elements of the City's General Plan based on the facts set forth in
the staff report dated August 20, 2008 including, but not limited to the following: The
14 project's proposed density is 5 dwelling units per acre, which is above the RLM
density range of 0-4 dwelling units per acre and the GMCP of 3.2 dwelling units per
15 acre. However, there is an exception within the Land Use Element of the Carlsbad
General Plan which specifies that when the base zone (R-l-7,500) is consistent with
the Land Use designation (RLM) then a slightly higher yield to accommodate a
] 7 single-family residence is permitted provided three findings are made. As discussed
in the staff report all three findings can be made. At the GMCP, 1.28 units would be
18 permitted on the .40-acre property. However, consistent with Program 3.8 of the
City's certified Housing Element, all of the dwelling units which were anticipated
toward achieving the City's share of the regional housing need that are not utilized
2Q by developers in approved projects, including fractional units, are deposited in the
City's Excess Dwelling Unit Bank. These excess dwelling units are available for
21 allocation to other projects and a fraction (.72 of a unit) would be allocated for this
project.
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9. 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
degree of exaction is in rough proportionality to the impact caused by the project.
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Conditions:
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77 grading permit or building permit, whichever occurs first.
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
2 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
3 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
4 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
6 or a successor in interest by the City's approval of this Coastal Development Permit.
7 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.
9 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
regulations in effect at the time of building permit issuance.
12 4. If any condition for construction of any public improvements or facilities, or the payment
13 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
14 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
all requirements of law.
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5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
17 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
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
jo 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
20 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
21 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
23 approval is not validated.
24 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
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26 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
27 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
2 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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9. This project shall comply with all conditions and mitigation measures which are required
4 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
c Plan prior to the issuance of building permits.
6 10. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
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11. 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
9 adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
10 facilities will continue to be available until the time of occupancy.
12. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
13 13. 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
14 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
16 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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14. 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 Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Coastal
20 Development Permit by Resolution No. 6455 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 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
23 showing of good cause by the Developer or successor in interest.
24 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
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16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
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17. The Final Landscape Plans shall show all slope areas planted in accordance with the
2 slope re-vegetation requirements as outlined in the City of Carlsbad Landscape
Manual.
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18. The project site is located in an area that may contain soil material that is suitable for
4 beach sand replenishment as defined in the Carlsbad Opportunistic Beach Fill program
5 (COBFP) adopted by the Planning Commission on May 17, 2006 (SUP 04-13). Prior to
the issuance of a grading permit, and as a part of the grading plan preparation, the
6 developer shall test the soil material to be exported from the project site to determine the
materials .suitability for sand replenishment pursuant to the requirements of the COBFP.
7 If the material is deemed suitable for beach replenishment the developer is encouraged to
comply with the process outlined in the COBFP to transport and place the beach quality
material on the beach site identified in the COBFP.
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Engineering:
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General11
. „ 19. 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
13 for the proposed haul route.
14 20. Developer shall include rain gutters on the building plans subject to the City Engineer's
review and approval. Developer shall install rain gutters in accordance with said plans.
16 Grading
17 21. Developer shall complete and submit to the City Engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
1 ° Developer shall also submit the appropriate Tier level Storm Water Compliance form and
,Q Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the
completed PTAF all to the satisfaction of the City Engineer.
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Utilities
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22. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities.
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23. The Developer shall design and construct public water and sewer facilities substantially
24 as shown on the site plan to the satisfaction of the District Engineer.
95 Code Reminders:
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The project is subject to all applicable provisions of local ordinances, including but not limited to
27 the following code requirements:
28 24. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
PCRESONO. 6455 -6-
25. 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.
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26. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
4 Code Section 18.04.320.
NOTICE
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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
8 "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
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
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
[ 5 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
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PASSED, APPROVED/AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on August 20, 2008, by the following vote,
to wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Douglas, Montgomery,
and Chairperson Whitton
ABSENT: Commissioner Dominguez
ABSTAIN:
^FRANK WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PCRESONO. 6455 -8-