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HomeMy WebLinkAbout2008-09-17; Planning Commission; Resolution 64591 PLANNING COMMISSION RESOLUTION NO. 6459 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 07-27 FOR THE DEMOLITION 4 OF AN EXISTING SINGLE-FAMILY RESIDENCE AND 5 DETACHED GARAGE AND THE CONSTRUCTION OF A THREE (3) UNIT RESIDENTIAL APARTMENT COMPLEX WITH 6 A SUBTERRANEAN GARAGE ON A .14 ACRE SITE GENERALLY LOCATED ON THE EAST SIDE OF GARFIELD 7 STREET BETWEEN JUNIPER AVENUE AND CHERRY AVENUE IN THE MELLO II SEGMENT OF THE LOCAL 8 COASTAL PROGRAM AND LOCAL FACILITIES 9 MANAGEMENT ZONE 1. CASE NAME: GARFIELD STREET APARTMENTS 10 CASE NO. CDP 07-27 11 WHEREAS, Blue Motif Architecture, "Developer," has filed a verified 12 application with the City of Carlsbad regarding property owned by Susan Faulkner, "Owner," 13 described as: 14 Lot 8 in Block O of Palisades, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 16 1747, filed in the Office of the County Recorder of San Diego County, February 5,1923 17 ("the Property"); and18 jo WHEREAS, said verified application constitutes a request for a Coastal 20 Development Permit as shown on Exhibits "A" - "R" dated September 17, 2008, on file in the 21 Planning Department, GARFIELD STREET APARTMENTS - CDP 07-27, as provided by 22 Chapter 21.201.040 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on September 17, 2008, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and £*J 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. 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 GARFIELD STREET APARTMENTS - CDP 07-27 based on 6 the following findings and subject to the following conditions: 7 Findings: g 1. That the proposed development is in conformance with the Mello II Segment of the 9 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 10 three (3) unit multi-family residential apartment 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 12 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 13 coastal zone. 14 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 jg the sea and the site is not suited for water-oriented recreational activities. 17 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 18 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 2Q (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 21 prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 22 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 23 (Chapter 21.204 of the Zoning Ordinance). 24 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 Coastal Agricultural Overlay Zone (Chapter 21.201 of the Zoning Ordinance). 26 6. That the Planning Director has determined that the project belongs to a class of projects 27 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 preparation of environmental documents pursuant to Section 15332 (In-fill Development PC RESO NO. 6459 -2- Projects) of the state CEQA Guidelines. In making this determination, the Planning 2 Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 3 7. The Planning Commission has reviewed each of the exactions imposed on the Developer 4 contained in this resolution, and hereby finds, in this case, that the exactions are imposed 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. 6 Conditions; 7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 8 grading permit or building permit, whichever comes first. 9 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 10 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 11 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 issued under the authority of approvals herein granted; record a notice of violation on the ,o 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 14 or a successor in interest by the City's approval of this Coastal Development Permit. 15 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. 17 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 18 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. 20 4. If any condition for construction of any public improvements or facilities, or the payment 21 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 22 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. 24 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 25 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 27 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 28 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, PC RESO NO. 6459 -3- including without limitation, any and all liabilities arising from the emission by the 2 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 3 approval is not validated. 6. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 6 7. This approval is granted subject to the approval of SDP 07-05 and is subject to all 7 conditions contained in Planning Commission Resolution No. 6458 for those other approvals incorporated herein by reference.o 9 8. 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. 10 9. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 12 10. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 13 #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 14 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 1,. 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 15 approval will not be consistent with the General Plan and shall become void. 17 11. Prior to issuance of a grading permit or building permit, whichever occurs first, 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. 6459 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 25 26 27 28 PC RESO NO. 6459 -4- 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 "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. 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 n PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning14 Commission of the City of Carlsbad, California, held on September 17, 2008, by the following 16 vote, to wit: AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Chairperson Whittonlo 19 NOES: 20 ABSENT: 21 ABSTAIN: 22 23 /FRANK H. WHITTON, Chairperson 24 CARLSBAD PLANNING COMMISSION 25 ATTEST:26 27 28 DON NEU Planning Director PCRESONO. 6459 -5-