HomeMy WebLinkAbout2009-03-18; Planning Commission; Resolution 65421 PLANNING COMMISSION RESOLUTION NO. 6542
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT CDP 08-17 TO
4 DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE
5 AND ASSOCIATED DETACHED GARAGE AND SUBDIVIDE
A 1.06 ACRE SITE INTO 5 SINGLE FAMILY LOTS ON
6 PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF
HIGHLAND DRIVE, WEST SIDE OF JAMES DRIVE, AND
7 SOUTH OF TAMARACK AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
8 CASE NAME: HIGHLAND JAMES SUBDIVISION
9 CASE NO.: CDP 08-17
10 WHEREAS, Robert Ladwig, "Developer," has filed a verified application with
the City of Carlsbad regarding property owned by George Kenneth Alameda, "Owner,"
12 described as
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All That Portion of the Northwesterly 256.7 Feet of That
14 Portion of Tract Two Hundred Forty-Seven (247) of Thum
Lands, in the County of San Diego, State of California,
According to Map Thereof No. 1681, Filed in the Office of the
16 County Recorder of San Diego County, December 9,1915
17 ("the Property"); and
1 &10 WHEREAS, said verified application constitutes a request for a Coastal
19 Development Permit as shown on Exhibits "A" - "E" dated March 18, 2009, on file in the
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Planning Department, HIGHLAND JAMES SUBDIVISION - CDP 08-17, as provided by
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Chapter 21.201.040 of the Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did, on March 18, 2009, hold a duly
24 noticed public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
26 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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1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES HIGHLAND JAMES SUBDIVISION - CDP 08-17, based on the
6 following findings and subject to the following conditions:
Findings;
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1. That the proposed development is in conformance with the Mello II Segment of the
Certified Local Coastal Program and all applicable policies in that the project consists of
9 the demolition of an existing house and detached garage and subdivision of a single
lot into five (5) single family lots; no agricultural activities, sensitive resources,
10 geological instability, flood hazard, or 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.
12 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
13 of the Coastal Act in that the project site is not located adjacent to the shore,
therefore, the project will not interfere with the public's right to physical access to
14 the sea and the site is not suited for water-oriented recreational activities.
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,
17 Chapter 15.12 - Storm Water Management and Discharge Control, Standard Urban
Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
18 Management Program (JURMP) to avoid increased urban runoff, pollutants, and
soil erosion. While the project is proposing some encroachment (50 square feet) into
25% .and greater gradient natural slopes for the construction of a fill slope, the
20 slopes do not contain sensitive habitat, and all of the findings can be made to permit
development of such coastal slopes as discussed in the staff report. Furthermore, no
21 evidence of landslide or slope instability is identified on the site, nor is it located in
an area susceptible to accelerated erosion, floods, or liquefaction.
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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 Protection Zone
24 (Chapter 21.204 of the Zoning Ordinance).
25 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
26 Coastal Agricultural Overlay Zone (Chapter 21.201 of the Zoning Ordinance).
6. 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
environment, and it is therefore categorically exempt from the requirement for the
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preparation of environmental documents pursuant to Section 15332, In-Fill Development
2 Projects, in that, the project is consistent with the General Plan; the Zoning
Ordinance; the project is within the City limits; is less than five (5) acres in size; and
3 is surrounded by urban uses.
4 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.
Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
recordation or issuance of a grading permit, whichever comes first.
10 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
11 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
i o 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
14 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.
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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
17 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
18 development, different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
20 regulations in effect at the time of building permit issuance.
21 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
22 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
24 all requirements of law.
25 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
27 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,
28 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
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(c) Developer/Operator's installation and operation of the facility permitted hereby,
2 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
3 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.4
5 6. 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
6 Plan prior to the issuance of building permits.
7 7. This approval is granted subject to the approval of ZC 08-01, CT 08-06 and HDP 08-03
and is subject to all conditions contained in Planning Commission Resolutions No.
"6540, 6541, and 6543 for those other approvals incorporated herein by reference.
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8. Prior to the issuance of building permits, the applicant shall apply for and obtain a
1 0 grading permit issued by the City Engineer.
9. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
12 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
13 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
14 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.
16 10. Prior to final map recordation or issuance of a grading permit, whichever occurs
first, Developer shall submit to the City a Notice of Restriction executed by the owner of
17 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 of Carlsbad has issued a Coastal
19 Development Permit by Resolution No. 6542 on the property. Said Notice of
Restriction shall note the property description, location of the file containing complete
20 project details and all 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
22 said notice upon a showing of good cause by the Developer or successor in interest.
23 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
24 Section 21.201.210 of the Zoning Ordinance.
25 NOTICE
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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."
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You have 90 days from date of approval to protest imposition of these fees/exactions. If you
2 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
3 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
6 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.
9 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on March 18, 2009, by the following vote,
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to wit:
13 AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas,
Whitton, and Chairperson Montgomery
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NOES:
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16 ABSENT:
17 ABSTAIN: s
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20 MARTELL B. MONT(JOMERY,^nairperson
CARLSBAD PLANNING COMMISSION
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22 ATTEST:
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25 DON NEU
Planning Director
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