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HomeMy WebLinkAbout2008-12-17; Planning Commission; Resolution 65151 PLANNING COMMISSION RESOLUTION NO. 6515 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 05-34 TO ALLOW FOR THE 4 SUBDIVISION OF A 0.94-ACRE LOT INTO TWO SINGLE- 5 FAMILY LOTS, INCLUDING ONE PANHANDLE LOT, GENERALLY LOCATED ON THE WEST SIDE OF EL 6 CAMINO REAL AND THE EAST SIDE OF EUCALYPTUS LANE, WITHIN THE MELLO II SEGMENT OF THE CITY'S 7 LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 8 CASE NAME: EUCALYPTUS ESTATES 9 CASE NO.: CDP 05-34 10 WHEREAS, Guy Oliver and Lisa Oliver, "Developer/Owner," has filed a verified application with the City of Carlsbad described as 12 See Attachment "A" 13 ("the Property"); and 14 WHEREAS, said verified application constitutes a request for a Coastal 16 Development Permit as shown on Exhibits "A - B" dated December 17, 2008, on file in the 17 Planning Department, EUCALYPTUS ESTATES - CDP 05-34, as provided by Chapter 18 21.201.040 of the Carlsbad Municipal Code; and 19 WHEREAS, the Planning Commission did, on December 17, 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 EUCALYPTUS ESTATES - CDP 05-34, 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 (LCP) and all applicable policies in that the project: (1) proposes two single- family lots with a density of 2.53 dwelling units per acre (2 du) and falls within the 5 LCP Land Use designation of Residential Low-Medium Density (RLM) with a density range of 0-4 du/ac; (2) proposes two single-family residential lots which have 7 a minimum lot size of 10,000 square feet, which complies with the LCP zoning of R- A-10,000 (Residential Agriculture, minimum 10,000 square foot lot size); (3) does not obstruct public views of or access to the coastline or ocean and is not located near any water bodies; (4) does not impact any agricultural activities, important farmland or sensitive resources or habitat; (5) entails the subdivision of the property 10 and does not involve any development which would impact the existing slope situated in between the existing home and El Camino Real; and (6) has been conditioned to comply with erosion and storm water control measures. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 n -5 of the Coastal Act in that the site is located approximately 2.5 miles from the Pacific Ocean and 1.5 miles from the Agua Hedionda Lagoon; therefore, no coastal access 14 areas or water-oriented recreational activities exist on or near the site or will be affected by the project. 15 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, Chapter 15.16- Grading and Erosion Control, Chapter 15.12 - Storm Water Management and Discharge Control, Standard Urban Storm Water 18 Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. A steep slope encumbers the eastern portion of the parcel, situated in between the existing single- _„ family home and El Camino Real. Pursuant to the Slope Evaluation Survey (SCST, April 4, 2006), although there is on-going surficial failure of the slope, the existing 21 home meets the minimum factor of safety. In addition, no physical development beyond the subdivision of the property is proposed at this time. Furthermore, the 22 parcel does not contain sensitive habitat or natural slopes > 25% gradient, and is not located in an area susceptible to accelerated erosion, floods, or liquefaction. 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 Development Overlay 25 Zone (Chapter 21.201 of the Zoning Ordinance). 26 5. The 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 27 provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance).2o PCRESONO. 6515 -2- 6. The Planning Commission finds that the project, as conditioned herein, is in 2 conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated December 17, 2008, including, but not limited to the following: 3 a. Land Use - The project is consistent with the City's Residential Low- Medium Density (RLM) General Plan Land Use designation for the r property. The proposed project implements the goals and objectives of the General Plan in that it proposes two single-family lots with a density of 2.53 6 dwelling units per acre (2 du) and falls within the General Plan Land Use designation of RLM with a density range of 0-4 du/ac, and below the RLM 7 Growth Management Control Point (GMCP) of 3.2 du/ac used for the „ purpose of calculating the City's compliance with Government Code Section 65863. At the RLM GMCP, 2.52 units would be permitted on this 0.79-acre 9 (net developable) property. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units which were 10 anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects, including fractional units, are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units (0.52) are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are 13 adequate properties identified in the Housing Element allowing residential development with a unit capacity, adequate to satisfy the City's share of the 14 regional housing need; 15 b. Circulation - Adequate access is provided via El Camino Real, a Prime i /- Arterial Road, as well as Eucalyptus Lane, a Local Collector street; c. Noise - The project site is impacted by noise from El Camino Real traffic. While no development beyond the subdivision of the property and 18 improvements to Eucalyptus Lane and El Camino Real are proposed at this time, the construction of any home in the future will be required to comply with the standards outlined in the Noise Guidelines manual; and 20 d. Housing - The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the applicant will be required to satisfy the inclusionary requirement through the payment of an 22 inclusionary housing in-lieu fee prior to the issuance of a building permit to develop Parcel 2.23 7. That the property cannot be served adequately with a public street without a panhandle lot due to unfavorable conditions resulting from unusual topography, surrounding land 25 development, or lot configuration, in that because of the lot's depth (over 340 feet) and linear configuration, access to the rear lot would not be possible without a panhandle configuration. 27 8. That the subdivision with a panhandle lot will not preclude or adversely affect the ability 2g to provide full public street access to other properties within the same block of the subject PCRESONO. 6515 -3- property in that the panhandle access does not compromise access to any other lot 2 within the same block as both properties to the east and west have been developed or subdivided. 3 9. That any panhandle lot hereby approved satisfies all the requirements of Section 4 21.08.080 of the Carlsbad Municipal Code in that: a. The buildable area (24,591 sq. ft.) is greater than the 10,000 square feet minimum 5 in an R-A-10,000 zone district; 7 b. The width required for the buildable portion of the lot (84 feet) is greater than 75 feet, which is required for lots sized between 10,000 and 20,000 square feet 8 located in the R-A-10,000 zone district; Q c. The yard requirements of the R-A-10,000 zone district shall be met for all future in homes as required for interior lots as shown on Exhibits "A-B"; 1 \ d. The length of the portion of the lot (136.74 feet) fronting on a public street afforded access to the buildable lot is not greater than one hundred fifty feet; 12 e. The width of the portion of the lot fronting on a public street has a minimum 13 width of twenty feet (22.3 feet); f. The width of the improved driveway providing access from the street to the 15 parking area on the buildable lot for a single-family development is fourteen feet wide; 16 g. The panhandle lot has the capacity to accommodate three non-tandem parking 17 spaces with an approach not less than twenty-four feet in length with proper turnaround space to permit complete turnaround for forward access to the street;18 h. Drainage from the lot will be channeled down the private access to a public street or special drainage, provided to the satisfaction of the City Engineer; and 20 i. That the front, side, and rear property lines of the buildable lot, for purposes of 21 determining required yards, are shown on the approved tentative parcel map (Exhibits "A-B"). 22 10. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15315 24 (Minor Land Divisions) of the State CEQA Guidelines and will not have any adverse significant impact on the environment in that the property is in an urbanized area; zoned 25 for residential; is being subdivided into four or fewer parcels; no variances are needed for the subdivision; all services for the lots are available; the parcel was not part of a larger 26 subdivision within the last two years; and the parcel does not have an average slope „„ greater than 20 percent. 2g 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management P.Ian for Zone 1 and all City public facility policies and PCRESONO. 6515 -4- ordinances. The project includes elements or has been conditioned to construct or 2 provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 3 facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. 4 Specifically, A. The project has been conditioned to provide proof from the Carlsbad Unified 6 School District that the project has satisfied its obligation for school facilities. 7 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. o 9 12. 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: 13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the Parcel Map.14 , ^ 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 17 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 19 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. 20 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 regulations in effect at the time of building permit issuance. 26 4. If any conditions 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 27 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. PCRESONO. 6515 -5- 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 3 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, 4 (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, 6 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 7 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. o 9 6. This approval is granted subject to the approval of SUP 05-08 and is subject to all conditions contained in Planning Commission Resolution No. 6516 incorporated herein 10 by reference and the approval letter for MS 05-14 signed by the City of Carlsbad City Engineer incorporated herein by reference. 12 7. 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 13 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 14 facilities will continue to be available until the time of occupancy. A note to this effect ., shall be placed on the Final Map. 16 8. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Tentative Parcel Map reflecting the conditions approved by the final 17 decision-making body. 18 9. Developer shall include, as part of the plans submitted for any permit plan check, a 19 reduced legible version of all approving resolution(s) in a 24" x 36" blue line drawing format. 20 10. Prior to the issuance of a building permit, the Developer shall provide proof to the 21 Director from the Carlsbad Unified School District that this project has satisfied its ~~ obligation to provide school facilities. 23 11. 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 24 Plan prior to the issuance of building permits. 25 12. This approval shall become null and void if a Parcel Map is not recorded for this 26 project within 24 months from the date of approval of MS 05-34. 27 13. Prior to the recordation of the parcel map, the 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 PCRESONO. 6515 -6- of Carlsbad has issued a Coastal Development Permit and Special Use Permit by 2 Resolutions No. 6515 and 6516 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all 3 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 showing of <- good cause by the Developer or successor in interest. 6 14. Prior to the recordation of the parcel map, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #1 on file in the Planning Department). o 9 15. Prior to the recordation of the parcel map, the Developer shall prepare and record a Notice that this property is subject to over flight, sight and sound of aircraft operating 10 from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 16. Structures permitted in the access portion of the panhandle lot shall be limited to mailboxes, fences, trash enclosures, landscape containers and nameplates. Except 13 for mailboxes, the structures shall not be greater than forty-two inches in height if located within twenty feet of the street property line or greater than six feet in height beyond this point. 17. The property owner of the panhandle lot shall agree to hold the city or any other public service agency harmless from liability for any damage to the driveway when being used to perform a public service. 17 Code Reminders: 18 18. At such a time when a home is proposed to be developed on Parcel 2, the Developer shall pay to the City an inclusionary housing in-lieu fee prior to the issuance of a building 20 permit 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. 21 19. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 23 20. Approval of this request shall not excuse compliance with all applicable sections of the 24 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. ^O 21. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 27 28 PCRESONO. 6515 -7- 1 2 3. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE 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. 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 December 17, 2008, by the following vote, to wit: AYES: Commissioners Baker, Cardosa, Dominguez, Douglas, Montgomery, and Whitton NOES: ABSENT: Commissioner Boddy ABSTAIN: /FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Planning Director PCRESONO. 6515 -8- CDP 05-34 EUCALYPTUS ESTATES ATTACHMENT "A" LEGAL DESCRIPTION Parcel 1: That Portion of Lot "I" of the Rancho Aqua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof No. 823, filed in the Office of the County Recorder of said County, November 15,1896, lying within the following described parcel of land: Beginning at corner No. 2 of said Lot "I"; thence along the northerly prolongation of that portion of the easterly line of said Lot "I" between corners No. 1 and 2 of said lot, North 2° 29'40" West (record North 3° West) 21.84 feet to an intersection with the center line of the County Road Survey No. 682, as the same is described in easement deed to the County of San Diego, dated May 27, 1936 and recorded in Book 521, Page 230 of Official Records of said County, said point of intersection being also the southeasterly corner of the land described in Quitclaim Deed to Horace H. Kelly, recorded January 22, 1951 as Instrument No. 9613 in Book 3942, Page 34 of Official Records; thence along the southerly line of said Kelly land as follows: along the said center line of the road, North 67° 10' West 897.21 feet to an angle point therein; thence continuing along said center line north 64° 35' West 546.22 feet to the true point of beginning; thence continuing north 64° 35' West 155 feet to the beginning of a tangent 1000.00 foot radius curve concave southerly; thence westerly along said curve, 7.00 feet through an angle of 0'24' 04"; thence south 14° 56'40" West 344.93 feet to the southerly line of that land described in deed to Lela Maish Johnson, recorded December 24, 1958 as Instrument No. 216749 in Book 7413, Page 215 of Official Records; thence along said southerly line south 71' 20' East 100.00 feet to a line which bears south 25° 25' East 327.43 feet to the true point of beginning; Excepting therefrom an undivided 1/3 interest in and to all oil, gas, sand, clay, rock and other mineral rights, as reserved by W.S. Kelly and Lavinia J. Kelly and their survivors in deed recorded April 6, 1945 in Book 1840, Page 498 of Official Records; and Parcel 2: An easement and right-of-way for road, sewer, water, gas, power and telephone lines and appurtenances thereto, to be used in common with the grantor's and other, over, under, along, and across a strip of land 30.00 feet wide in Lot "T" of the Rancho Aqua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof No. 823, filed in the Office of the County Recorder of said County, November 16,1896, the center line of said 30.00 foot strip being described as follows: CDP 05-34 EUCALYPTUS ESTATES Beginning at corner No. 2 of said Lot "I"; thence along the northerly prolongation of that portion of the easterly line of said Lot "I" between corners No. 1 and 2 of said lot, North 2° 29'40" West (record North 3° West) 21.84 feet to an intersection with the center line of the County Road Survey No. 682, as the same is described in easement deed to the County of San Diego, dated May 27, 1936 and recorded in Book 521, Page 230 of Official Records of said County, said point of intersection being also the southeasterly corner of the land described in Quitclaim Deed to Horace H. Kelly, recorded January 22, 1951 as Instrument No. 9613 in Book 3942, Page 34 of Official Records; thence along the southerly line of said Kelly land as follows: along the said center line of the road, North 67° 10' West 897.21 feet to an angle point therein; thence continuing along said center line North 64° 35' West 546.22 feet to the true point of beginning; thence continuing north 64° 35' West 701.22 feet to the beginning of a tangent 1000.00 foot radius curve, 319.27 feet through an angle of 18° 17' 34"; thence leaving said center line South 3° 18' 40" East 355.96 feet to the true point of beginning of the herein described center line; thence South 71° 20' East 480.66 feet to the beginning of a tangent 150.00 radius curve concave northerly; thence easterly along said curve, 277.15 feet through an angle of 86° 46'; thence tangent to said curve, North 21° 54' East 148.31 feet to said centerline of the County road, said 30.00 strip being in a line which bears South 3° 10' 40" East through the true point of beginning and ends in the southwesterly line of said County road; Excepting from said easement and right of way, that portion thereof which lies within Parcel 1 described above.