HomeMy WebLinkAbout2008-11-05; Planning Commission; Resolution 64861 PLANNING COMMISSION RESOLUTION NO. 6486
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HIILSIDE DEVELOPMENT PERMIT HDP 07-04 TO ALLOW
4 THE DEMOLITION OF AN EXISTING TWO-UNIT
, 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
7 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: HDP 07-04
11 WHEREAS, 3053 Ocean Street, LLC, "Developer/Owner," has filed a verified
12 application with the City of Carlsbad regarding property described as
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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,
15 February 2,1887 and that portion of Ocean Street as shown on
, s 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
18 17, 1912, as per map on file in the Office of the County
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
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. 365
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("the Property"); and
WHEREAS, said verified application constitutes a request for a Hillside
2 Development Permit as shown on Exhibits "A" - "N" dated November 5, 2008, on file in the
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Carlsbad Planning Department, 3053 OCEAN STREET - HDP 07-04, as provided by Chapter
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<- 21.95 of the Carlsbad Municipal Code; and
5 WHEREAS, the Planning Commission did on November 5, 2008, consider said
7 request; and
o WHEREAS, at said hearing, upon hearing and considering all testimony and
9 arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Hillside Development Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission 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 - HDP 07-04 based on the following
findings and subject to the following conditions:
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Findings:
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1. That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages.
20 2. That undevelopable areas of the project, i.e., slopes over 40%, have been properly
21 identified on the constraints map.
22 3. That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that the project is: a) consistent with the Land
Use and Open Space/Conservation Elements of the General Plan since the site has
24 been previously graded and developed, there exist no natural hillsides with the
exception of a modified coastal bluff which is not proposed for development, and the
25 project site has no value as habitat for endangered, rare, or threatened species;
b) the project design proposes grading quantities to a "potentially acceptable"
quantity of 9,694 cubic yards per acre (See Finding No. 4 below), will incorporate an
aesthetically pleasing design with landscaping, and retaining/planting walls will be
developed primarily on the perimeter of the site, and the new two-unit
28 condominiums will be compatible with the existing neighborhood and will be
developed in approximately the same location as the existing building; c) the existing
hillside is highly modified since this segment of ocean street has no vacant bluff top
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properties and, accordingly, there will be no impacts to natural resource areas,
2 wildlife habitats, or native vegetation; and d) there will be no impacts to Agua
Hediona or Buena Vista lagoons or riparian ecosystems in that the project has been
3 conditioned to submit an erosion control plan consistent with the NPDES permit
requirements as required by the Regional Water Quality Control Board and the
4 City of Carlsbad.
4. That the "potentially acceptable" grading quantities of 9,694 cubic yards per acre is
6 justified consistent with 21.95.120D (Hillside Grading Volume) in that: a) the
majority of the grading quantity is due to the development of a basement (1,474 CYs
7 for the basement alone) and grading is entirely beneath the structure; b) the
proposed grading does not significantly increase the area that was previously
graded and disturbed for the existing structure onsite; c) the proposed project is
similar in scale and size of other recently approved residential projects along the
west side of Ocean Street; d) no significant additional aesthetic or geological impacts
10 will be created; and e) the project will not compromise the stability of the hillside as
discussed in the Preliminary Geotechnical Evaluation dated December 27, 2007.
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5. That the proposed development or grading will not occur in the undevelopable portions
of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code,
in that the grading proposed is limited mostly to within the existing areas of
disturbance established by the previously authorized grading of the site, and no new
14 grading will occur on beaches, natural slopes greater than 40 percent, or wetlands.
6. That the project design substantially conforms to the intent of the concepts illustrated in
,,- the Hillside Development Guidelines Manual, in that the project is designed as stepped
pads achieved by cutting into the slope and designing the project to step down the
17 slope.
18 7. 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 the project, and the extent and the
~~ degree of the exaction is in rough proportionality to the impact caused by the project.
21 Conditions:
22 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of a
Final Map, or issuance of a grading permit, whichever occurs first.
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24 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
25 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
26 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
property title; institute and prosecute litigation to compel their compliance with said
2g 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 Hillside Development Permit.
PC RESO NO. 6486 -3-
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
2 and modifications to the Hillside Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
3 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.
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4. If any condition for construction of any public improvements or facilities, or the payment
7 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 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
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
13 or indirectly, from (a) City's approval and issuance of this Hillside Development
Permit, (b) City's approval or issuance of any permit or action, whether discretionary or
14 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
, s 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
17 approval is not validated.
18 6. This approval is granted subject to the approval of SDP 07-07 and CDP 07-32 and is
subject to all conditions contained in Planning Commission Resolutions No. 6483 and
6485 for these other approvals incorporated herein by reference.
20 7. This approval is granted subject to the approval of Minor Subdivision MS 07-11 and
21 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
22 reference.
23 g. The applicant shall apply for and be issued building permits for this project within two
(2) years of approval of MS 07-11.
25 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees,
27 dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"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
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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 November 5, 2008, by the following
vote, to wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery,
and Chairperson Whitton
ABSENT: Commissioner Douglas
ABSTAIN:
H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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