HomeMy WebLinkAbout2009-02-18; Planning Commission; Resolution 65231 PLANNING COMMISSION RESOLUTION NO. 6523
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 08-20 TO ALLOW FOR THE
4 DEMOLITION OF AN EXISTING TWO-UNIT RESIDENTIAL
APARTMENT BUILDING AND THE CONSTRUCTION OF A
NEW 3,156 SQUARE FOOT SINGLE FAMILY RESIDENCE
6 WITHIN THE CITY'S COASTAL ZONE LOCATED AT 2637
GARFIELD STREET BETWEEN CYPRESS AVENUE AND
7 BEECH AVENUE, IN THE MELLO II SEGMENT OF THE
LOCAL COASTAL PROGRAM AND WITHIN LOCAL
8 FACILITIES MANAGEMENT ZONE 1.
9 CASE NAME: GARFIELD BEACH RESIDENCE
CASE NO.: CDP 08-20
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WHEREAS, B. Mills & Company, LLC, "Developer/Owner," has filed a
, 2 verified application with the City of Carlsbad regarding property described as
13 Lot 92 of Granville Park Unit No. 2, in the City of Carlsbad,
County of San Diego, State of California, according to Map
14 thereof No. 2037, filed in the Office of the County Recorder of
San Diego County, June 18,1972
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Coastal
18 Development Permit as shown on Exhibits "A" - "H" dated February 18, 2009, on file in the
19 Planning Department, GARFIELD BEACH RESIDENCE - CDP 08-20, as provided by
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Chapter 21.201.040 of the Carlsbad Municipal Code; and
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22 WHEREAS, the Planning Commission did, on February 18, 2009, hold a duly
23 noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CDP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES GARFIELD BEACH RESIDENCE - CDP 08-20 based on the
following findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the project consists of the demolition of a
duplex structure and the construction of a new 3,156 square foot single-family
7 residence on a lot designated for residential development. At 12.5 dwelling units per
acre, the development is consistent with the Mello II Land Use designation of RMH
(8-15 DUs/acre); no agricultural activities, sensitive resources, geological instability,
flood hazard or vertical coastal access opportunities exist onsite and the
development does not obstruct views of the coastline as seen from public lands or
10 public right-of-way or otherwise damage the visual beauty of the coastal zone.
11 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the property is not located adjacent to the shore. Therefore,
the project will not interfere with the public's right to physical access to the sea and
the site is not suited for water-oriented recreation activities.
14 3. 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
15 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance,
Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban
Runoff 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
18 susceptible to accelerated erosion, floods, or liquefaction.
19 4. 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
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).
22 5. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and
23 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
25 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.
26 Specifically,
2' 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.
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B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
2 collected prior to the issuance of building permit.
6. 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
Zone (Chapter 21.201 of the Zoning Ordinance).
5 7. That the Planning Director has determined that the project belongs to a class of projects
6 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 pursuant to Sections 15301(1)(2)
(demolition of a duplex or similar multi-family residential structure in an urbanized
area) and 15303(a) (construction of a single-family residence in an urbanized area)
9 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
10 aPply to this project.
8. The Planning Commission has reviewed each of the exactions imposed oh 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
13 degree of exaction is in rough proportionality to the impact caused by the project.
14 Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
I f a building permit.
17 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
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
20 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
21 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.
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
24 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
25 development, different from this approval, shall require an amendment to this approval.
9' f\3. Developer shall comply with all applicable provisions of federal, state, and local laws and
27 regulations in effect at the time of building permit issuance.
28 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
PC RESO NO. 6523 -3-
challenged, this approval shall be suspended as provided in Government Code Section
2 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
3 all requirements of law.
4 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
6 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,
7 (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,
9 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
10 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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12 6. Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
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7. Developer shall include, as part of the plans submitted for any permit plancheck, a
14 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
16 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
17 obligation to provide school facilities.
18 9. Building permits will not be issued for this project unless the local agency providing
19 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
20 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.
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10. This approval is granted subject to the approval of AV 08-04, is subject to all conditions
contained in the City's administrative approval letter for AV 08-04, and this approval
23 shall expire concurrently with AV 08-04.
24 11. 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
25 Section 21.201.210 of the Zoning Ordinance.
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12. Prior to the issuance of building permits, the applicant shall apply for and obtain a
27 grading permit issued by the City Engineer.
28 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
PC RESO NO. 6523 -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 1, 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.
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e- 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
7 Carlsbad has issued a Coastal Development Permit by Resolution No. 6523 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
12 15. If building permits are not issued within two years of the demolition of the existing
residential structure, at issuance of building permits the Developer shall pay to the City
13 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
14 time to time.
15 Engineering:
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General
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16. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body. The
19 reproducible shall be submitted to the Planning Director, reviewed and, if acceptable,
signed by the City's project engineer and project planner prior to submittal of the building
20 plans, improvement plans, grading plans, or final map, whichever occurs first.
21 17. Developer shall install sight distance corridors at the driveway intersection in accordance
„„ with City Engineering Standards.
23 Fees/Agreements
18. Developer shall cause property owner to execute and submit to the City Engineer for
2<r recordation the City's standard form Drainage Hold Harmless Agreement.
26 19. Developer shall cause property owner to enter into a Neighborhood Improvement
Agreement with the City on a City Standard form for the future public improvement of
27 Garfield Street along the subdivision frontage for a half street width of twenty-feet.
Public improvements shall include but are not limited to paving, base, sidewalks, curbs
and gutters, grading, undergrounding or relocation of utilities, sewer, water, fire hydrants,
street lights, pedestrian ramp, and retaining walls).
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Grading
2 20. The developer shall construct the proposed storm drain improvements shown on the
3 approved site plan as part of the building permit.
21. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
but are not limited to pollution treatment practices or devices, erosion control to prevent
6 silt runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
7 devices to prevent or reduce the discharge of pollutants to Stormwater, receiving water or
storrnwater conveyance system to the maximum extent practicable. Developer shall notify
prospective owners and tenants of the above requirements.
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22. Developer shall complete and submit to the City Engineer a Project Threat Assessment
10 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
Developer shall also submit the appropriate Tier level Storm Water Compliance form and
Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the
, 2 completed PTAF all to the satisfaction of the City Engineer.
13 23. Developer shall incorporate Low Impact Development (LID) design techniques, on all
final design plans submitted to the City, to reduce the amount of run-off by mimicking
14 the natural hydrologic function of the site by preserving natural open-spaces and natural
drainage channels, minimizing impervious surfaces, promoting infiltration and
evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
techniques using current County of San Diego Low Impact Development Handbook
(Stormwater Management Strategies). LID techniques include, but are not limited to:
17 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
volume, peak flow rate, velocity and pollutants.18
, n Code Reminders:
20 24. 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
21 permit issuance, except as otherwise specifically provided herein.
22 25. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
23 Code Section 18.04.320.
24 NOTICE
25 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
26 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
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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 February 18, 2009, by the following
vote, to wit:
AYES: Commissioners Boddy, Cardosa, Whitton, and Chairperson
Montgomery
NOES:
ABSENT: Commissioners Dominguez and Douglas
ABSTAIN: Commissioner Baker
MARTELLB. MONTGOMERY,
CARLSBAD PLANNING COMMIiBlON
ATTEST:
DON NEU
Planning Director
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