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HomeMy WebLinkAbout2008-11-19; Planning Commission; Resolution 65101 PLANNING COMMISSION RESOLUTION NO. 6510 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 07-10 FOR THE 4 CONSTRUCTION OF ONE SINGLE-FAMILY RESIDENCE ON PROPERTY LOCATED AT 957 ALYSSUM ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 4 AND THE MELLO I 6 SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM. CASE NAME: SALEM RESIDENCE LOT 9 7 CASE NO.: CDP 07-10 8 WHEREAS, E & R Partners, LLC, "Developer/Owner," has filed a verified 9 application with the City of Carlsbad regarding property described as 10 That portion of lot 9 of Carlsbad Tract No. 83-2 in the City of *• 1 Carlsbad, County of San Diego, State of California as shown ,2 on Map No. 10815, filed in the Office of the County Recorder of San Diego County January 10,1984 13 ("the Property"); and 14 WHEREAS, said verified application constitutes a request for a Coastal 16 Development Permit as shown on Exhibits "A - G" dated November 19, 2008, on file in the 17 Planning Department, SALEM RESIDENCE LOT 9 - CDP 07-10, as provided by Chapter 18 21.201.040 of the Carlsbad Municipal Code; and 19 WHEREAS, the Planning Commission did, on November 19, 2008, hold a duly 20 noticed public hearing as prescribed by law to consider said request; and 21 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 24 relating to the CDP. 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 26 Commission of the City of Carlsbad as follows: 27 A) That the foregoing recitations are true and correct. 28 B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES SALEM RESIDENCE LOT 9 - CDP 07-10 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 site is designated for residential development and the development consists of a new single-family home. The development is consistent with the Mello I Land Use designation of RM; no agricultural activities, sensitive resources, geological instability, flood hazard or 7 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 ° otherwise damage the visual beauty of the coastal zone. 9 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 j 0 of the Coastal Act in that the site is located approximately 1 mile from Batiquitos Lagoon and approximately 1 mile from the Pacific Ocean; therefore, no coastal 11 access areas or water-oriented recreational activities exist on or near the site or will be affected by the project. . 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 14 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff 15 Management Program (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 prone to landslides, or susceptible to accelerated erosion, 17 floods, or liquefaction. 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 19 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303(a) (construction of a single family residence in an urbanized area) of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 22 5. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X 23 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). 25 6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local 26 Facilities Management Plan for Zone 4 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 27 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 PCRESONO. 6510 -2- project will be installed to serve new development prior to or concurrent with need. 2 Specifically, 3 A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. 4 5 B. 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.6 7 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 8 Zone (Chapter 21.201 of the Zoning Ordinance). " 8. 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. 12 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a , . building permit. 15 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 16 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 future building permits; deny, revoke, or further condition all certificates of occupancy j g 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 1 9 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 Coastal Development Permit. 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 22 them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed 23 development, different from this approval, shall require an amendment to this approval. 24 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 25 regulations in effect at the time of building permit issuance. 26 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 66020. If any such condition is determined to be invalid, this approval shall be invalid PCRESONO. 6510 -3- unless the City Council determines that the project without the condition complies with 2 all requirements of law. 3 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, 6 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 7 (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 9 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 10 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 12 body. 13 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 14 format (including any applicable Coastal Commission approvals). 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 16 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 17 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 4 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 20 10. 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 amount in effect at the time, as established by City Council Resolution from time to time. 22 11. 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.25 26 12. 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. 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 PCRESONO. 6510 -4- 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 2 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 4, pursuant to Chapter 21.90. All such 3 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.4 c 14. 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 6 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 Development Permit by Resolution No. 6510 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 9 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 10 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest.11 Engineering: 13 General 14 15. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, Developer shall also submit the appropriate Tier level Storm Water Compliance form and 16 Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. 17 16. Developer shall comply with the City's Stormwater Regulations and implement best management (BMP) practices at all times. Best management practices include but not limited to pollution treatment practices or devices, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other 20 management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. 22 Code Reminders: 23 The project is subject to all applicable provisions of local ordinances, including but not limited to 24 the following code requirements: 95 17. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 27 18. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 28 Code Section 18.04.320. PCRESONO. 6510 -5- 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 A "fees/exactions." 5 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 6 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 , I 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on November 19, 2008, by the following 15 vote, to wit: 16 AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Chairperson Whitton 1 O NOES: 19 ABSENT: 20 ABSTAIN:21 22 23 FRANK H. WHITTON, Chairperson 24 CARLSBAD PLANNING COMMISSION 25 ATTEST: 26 27 28 DON NEU Planning Director PCRESONO. 6510 -6-