HomeMy WebLinkAbout2008-11-05; Planning Commission; Resolution 64851 PLANNING COMMISSION RESOLUTION NO. 6485
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT CDP 07-32 TO ALLOW
4 THE DEMOLITION OF AN EXISTING TWO-UNIT
5 RESIDENTIAL APARTMENT BUILDING AND THE
CONSTRUCTION OF A TWO-UNIT RESIDENTIAL
6 AIRSPACE CONDOMINIUM PROJECT ON A .30 ACRE SITE
GENERALLY LOCATED ON THE WEST SIDE OF OCEAN
? STREET BETWEEN CARLSBAD VILLAGE DRIVE AND OAK
AVENUE, IN THE MELLO II SEGMENT OF THE LOCAL
8 COASTAL PROGRAM AND IN LOCAL FACILITIES
9 MANAGEMENT ZONE 1.
CASE NAME: 3053 OCEAN STREET
10 CASE NO.: CDP 07-32
1! WHEREAS, 3053 Ocean Street, LLC, "Developer/Owner," has filed a verified
12 application with the City of Carlsbad regarding property described as
13
That portion of the City of Carlsbad, in the County of San
14 Diego, State of California, according to map thereof no. 365,
filed in the Office of the County Record of San Diego County,
February 2,1887 and that portion of Ocean Street as shown on
15 said map, as closed to public use, described as follows:
17 Beginning at a point at 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
19 Surveyor of San Diego County, distant there along south 30°
56'20" east, 175.35 feet from a point in the southwesterly
20 prolongation of the northwesterly line of Block 14 of said City
of Carlsbad, distant thereon south thence 55°27' west, 45.09
21 feet from the northwesterly corner of said Block 14; thence
22 along said southwesterly line of State Highway, south 30°
56'20" east 75.15 feet; thence south 55°27' west to the mean
23 high tide line of the Pacific Ocean; thence northwesterly along
said mean high tide line to a line which bears south 55°27' west
24 from the Point of Beginning; thence north 55°27' east to the
~!- Point Beginning;
26 Except there from 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. 36528
("the Property"); and
WHEREAS, 'said verified application constitutes a request for a Coastal
2 Development Permit as shown on Exhibits "A" - "N" dated November 5, 2008, on file in the
3
Planning Department, 3053 OCEAN STREET - CDP 07-32, as provided by Chapter
4
5 21.201.040 of the Carlsbad Municipal Code; and
6 WHEREAS, the Planning Commission did, on November 5, 2008, hold a duly
7 noticed public hearing as prescribed by law to consider said request; and
o
WHEREAS, at said public hearing, upon hearing and considering all testimony
9
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
10
relating to the CDP.
12 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
13 Commission of the City of Carlsbad as follows:
14 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
16 APPROVES 3053 OCEAN STREET - CDP 07-32 based on the following
findings and subject to the following conditions:
17 Findings;
18 1. That the proposed development is in conformance with the Certified Local Coastal
. Q Program and all applicable policies in that the project consists of the construction of
two residential airspace condominiums on a previously subdivided and graded lot
20 designated RH for the development of up to 2.47 dwelling units; no agricultural
activities, geological instability, flood hazard, or coastal access opportunities exist
21 onsite and the development does not obstruct views of the coastline as seen from
public lands or Ocean Street or otherwise damage the visual beauty of the coastal
zone.
23 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
24 of the Coastal Act in that while the property is located adjacent to the shore, the
project will not interfere with the public's right to physical access as there are
25 vertical shore line public access points in close proximity to the north and south of
the project site. The project has been conditioned to dedicate a lateral beach access
easement for a minimum of 25 feet of dry sandy beach at all times of the year to the
27 California Coastal Commission or their designee as agreed to with the California
Coastal Commission.
28
PC RESO NO. 6485 -2-
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
2 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, Standard
3 Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
4 erosion. The site is not located in an area prone to landslides, or susceptible to
^ accelerated erosion, floods, or liquefaction. The existing slopes do no support any
endangered plant/animal species and/or coastal sage scrub, chaparral plant communities,
6 or native vegetation.
7 4. That the Planning Director has determined that the project belongs to a class of projects
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
Q preparation of environmental documents pursuant to Section 15332 (In-Fill
Development Projects) of the state CEQA Guidelines. In making this determination, the
10 Planning Director has found that the exceptions listed in Section 15300.2 of the state
CEQA Guidelines do not apply to this project.
11
5. This project is not located in the Coastal Agricultural Overlay Zone, according to Map X
^ 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).
14
6. The Planning Commission has reviewed each of the exactions imposed on the Developer
15 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.
Conditions:
18 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of a
19 Final Map, or issuance of a grading permit, whichever occurs first.
9ft^u 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
21 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
22 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
23 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
25 or a successor in interest by the City's approval of this Coastal Development Permit.
26 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.
90 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
PC RESO NO. 6485 -3-
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.
3 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
c 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
6 all requirements of law.
7 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
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,
10 (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
13 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
14
6. Developer shall and does hereby agree to indemnify, protect, defend, and hold harmless
the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, and the Coastal Commission, its Board members, officers, employees,
agents, and representatives, from and against any and all liabilities, losses, damages,
17 demands, claims and costs, including court costs and attorneys' fees, incurred by either
the City or the Coastal Commission, arising directly or indirectly from hazards from
waves during storms, from erosion, and/or from landslides.
19 7. Prior to the issuance of a building permit or recordation of MS 07-11, the applicant
20 shall comply with the Coastal Shoreline Development Overlay Zone (Chapter 21.204
of the Zoning Ordinance) and dedicate a lateral access easement for a minimum of
21 25 feet of dry sandy beach at all times of the year to the California Coastal
Commission or their designee as agreed to with the California Coastal Commission.
23 8. The applicant shall apply for and be issued building permits for this project within two
(2) years of approval of MS 07-11 or this coastal development permit will expire unless
24 extended per Section 21.201.210 of the Zoning Ordinance.
9. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
27 10. This approval is granted subject to the approval of SDP 07-07 and HDP 07-04 and is
subject to all conditions contained in Planning Commission Resolutions No. 6483 and
2° 6486 for these other approvals incorporated herein by reference.
PC RESO NO. 6485 -4-
11. This approval is granted subject to the approval of Minor Subdivision MS 07-11 and
2 Condominium Permit CP 07-06 and is subject to' all conditions contained in the City's
administrative approval letters for these other approvals incorporated herein by
3 reference.
4 NOTICE
5
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
6 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."7
„ 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
9 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
10 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,
13 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
14 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
16 I PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
17 Commission of the City of Carlsbad, California, held on November 5, 2008, by the following
vote, to wit:
19 AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery,
20 and Chairperson Whitton
21 NOES:
22 ABSENT: Commissioner Douglas
23 ABSTAIN:
24
25 EKANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
26"
27
28 DON NEU
Planning Director
PC RESO NO. 6485 -5-