HomeMy WebLinkAbout2009-05-06; Planning Commission; Resolution 65521 PLANNING COMMISSION RESOLUTION NO. 6552
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT CDP 08-22 TO ALLOW
4 FOR THE DEMOLITION OF A SINGLE FAMILY RESIDENCE
5 AND CONSTRUCTION OF A NEW 3,783 SQUARE FOOT
SINGLE FAMILY RESIDENCE ON PROPERTY LOCATED AT
6 5022 TIERRA DEL ORO IN LOCAL FACILITIES
MANAGEMENT ZONE 3.
7 CASE NAME: FRASSANITO RESIDENCE
. CASE NO.: CDP 08-22
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9 WHEREAS, Robert Frassanito, "Owner," has filed a verified application with
10 the City of Carlsbad regarding property," described as
11 Lot 2 of Tierra Del Oro, in the City of Carlsbad, County of San
12 Diego, State of California, According to Map Thereof No. 3052,
Filed in the Office of the County Recorder of San Diego
13 County, February 4,1954
14 ("the Property"); and
•* WHEREAS, said verified application constitutes a request for a Coastal
16 Development Permit as shown on Exhibits "A" - "H" dated May 6, 2009, on file in the
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Planning Department, FRASSANITO RESIDENCE - CDP 08-22, as provided by Chapter
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21.201.040 of the Carlsbad Municipal Code; and
20 WHEREAS, the Planning Commission did, on May 6, 2009, hold a duly noticed
21 public hearing as prescribed by law to consider said request; and
22 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
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relating to the CDP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
27 Commission of the City of Carlsbad as follows:
28 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES FRASSANITO RESIDENCE - CDP 08-22 based on the
following findings and subject to the following conditions:
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Findings:
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1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the development consists of a new single
family dwelling unit and the development is consistent with the Mello II Land Use
designation of RLM. The proposed two-story, single-family residence is consistent
with the surrounding development of one and two-story single-family structures.
The two-story residence will not obstruct views of the coastline as seen from public
lands or the public right-of-way, nor otherwise damage the visual beauty of the
coastal zone. No agricultural uses currently exist on the site, nor are there any
sensitive resources located on the property. The proposed single-family residence is
not located in an area of known geologic instability or flood hazard. The site is
located in close proximity to the coast but no public opportunities for coastal
11 shoreline access are available from the subject site. The residential!} designated site
is not suited for water-oriented recreation activities.12
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 and
14 therefore the project will not interfere with the public's right to physical access to
the ocean and the site is not suited for water-oriented recreational activities.
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3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
16 Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
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
19 site is not located in an area prone to landslides, or susceptible to accelerated erosion,
floods, or liquefaction.20 4
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
22 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303(a) (construction of
23 one single-family residence on a legal parcel 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.
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).28 '
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6. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
2 Facilities Management Plan for Zone 3, and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
3 provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
4 facilities; libraries; government administrative facilities; and open space, related to the
c project will be installed to serve new development prior to or concurrent with need.
Specifically,
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a. The project has been conditioned to provide proof from the Carlsbad School District
7 that the project has satisfied its obligation for school facilities.
o0 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
o collected prior to issuance of building permit.
10 c. 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.
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7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
12 Code Section 14.28.020 and Landscape Manual Section IB).
8. The Planning Commission finds that the project, as conditioned herein, is in
14 conformance with the Elements of the City's General Plan based on the facts set forth in
the staff report dated May 6, 2009 including, but not limited to the following: The
15 project site has a General Plan Land Use designation of RLM (Residential Low-
Medium Density). The RLM Land Use designation allows development of single-
" family residences at a density of 0-4 dwelling units per acre with a Growth
,y Management Control Point (GMCP) of 3.2 dwelling units per acre. At the RLM
GMCP, 0.52 dwelling units would be permitted on this 0.1635 acre (net developable)
18 property. One single-family dwelling unit is guaranteed pursuant to the following
General Plan provision: "Notwithstanding the density provisions and intent of each
19 residential land use designation, a one-family dwelling shall be permitted on any
»„ legal lot that existed as of October 28, 2004." The subject lot was legally created
prior to October 28, 2004; therefore development of a one-family dwelling is
21 consistent with the RLM General Plan Land Use designation.
22 9. 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
23 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.
25 Conditions;
26 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
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_„ 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
PCRESONO. 6552 -3-
revoke or modify all approvals herein granted; deny or further condition issuance of all
2 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
3 property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
4 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
6 and modifications to the Coastal Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
7 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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9 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.
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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
12 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
13 unless the City Council determines that the project without the condition complies with
all requirements of law.
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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
16 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
17 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
jo (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
20 facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
21 approval is not validated.
22 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
23 the Site Plan reflecting the conditions approved by the final decision-making body.
24 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
format (including any applicable Coastal Commission approvals).
26 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
27 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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9. This project shall comply with all conditions and mitigation measures which are required
2 as part of the Zone 3 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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10. 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
<- 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
6 facilities will continue to be available until the time of occupancy.
7 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
Section 21.201.210 of the Zoning Ordinance.
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12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
10 #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
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
12 Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
13 approval will not be consistent with the General Plan and shall become void.
14 13. Prior to the issuance of the building permits, 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
16 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Coastal Development Permit by Resolution No. 6552 on the
17 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
conditions or restrictions specified for inclusion in the Notice of Restriction. The
in 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
20 or successor in interest.
21 14. Developer shall submit and obtain Planning Director approval of a Final Landscape and
__ Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
23 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
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15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
26 project's building, improvement, and grading plans.
27 16. Prior to building permit issuance, the developer shall submit an acoustical analysis
for the project due to the potential noise impacts from Carlsbad Boulevard. The
2° project is required to implement the recommendations if any outlined in the
acoustical analysis to ensure interior noise levels do not exceed 45 dB(A) CNEL and
PCRESONO. 6552 -5-
exterior noise levels of 60 dB(A) CNEL. The report shall certify that the building
2 plans incorporate the required mitigation measures.
3 Engineering Conditions:
General
5 17. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of
6 the Site Plan reflecting the conditions approved by the final decision making body. The
reproducible shall be submitted to the Planning Director, reviewed and, if acceptable,
1 signed by the City's project engineer and project planner prior to submittal of the building
plans.
18. Developer shall install sight distance corridors at the driveway intersection in accordance
with City Engineering Standards.
Fees/Agreements
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19. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement.
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Grading
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20. The developer shall construct the proposed storm drain improvements shown on the
approved site plan as part of the building permit.
21. Developer shall comply with the City's Storm water Regulations, latest version, and shall
17 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
18 silt runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to storm water, receiving water or
storm water 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
^ Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
2-5 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
24 completed PTAF all to the satisfaction of the City Engineer.
25 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
the natural hydrologic function of the site by preserving natural open-spaces and natural
27 drainage channels, minimizing impervious surfaces, promoting infiltration and
evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
28 techniques using current County of San Diego Low Impact Development Handbook
(Storm water Management Strategies). LID techniques include, but are not limited to:
PC RESO NO. 6552 -6-
vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
2 volume, peak flow rate, velocity and pollutants.
3 Code Reminders;
The project is subject to all applicable provisions of local ordinances, including but not limited to
c the following code requirements:
6 24. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
7
25. 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
9 permit issuance, except as otherwise specifically provided herein.
10 26. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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."
15 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
16 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
i o annul their imposition.
19 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,
20 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
22 expired.
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on May 6, 2009, by the following vote, to
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wit:4
c AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas,
Whitton, and Chairperson Montgomery
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NOES:
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ABSENT:
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9 ABSTAIN:
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12 MATITETT B. MONTG^IERY, QWfrperson
13 CARLSBAD PLANNING COMhft^ION
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ATTEST:
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DON NEU1XPlanning Director
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