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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 10 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 20 Chapter 21.201.040 of the Carlsbad Municipal Code; and 21 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 26 relating to the CDP. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 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. PC RESO NO. 6523 -2- 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. 11 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. 13 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. 21 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. sjs- 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. 4 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: 16 General 17 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). PC RESO NO. 6523 -5- 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. 9 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 PC RESO NO. 6523 -6- 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 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 PC RESO NO. 6523 -7-