HomeMy WebLinkAbout2009-05-06; Planning Commission; Resolution 65571 PLANNING COMMISSION RESOLUTION NO. 6557
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 08-23 TO ALLOW FOR THE
4 DEMOLITION OF AN EXISTING 1,336 SQUARE-FOOT
5 SINGLE-FAMILY RESIDENCE AND THE CONSTRUCTION
OF A NEW 6,668 SQUARE-FOOT SINGLE-FAMILY
6 RESIDENCE, SWIMMING POOL, AND SPA LOCATED AT
5276 CARLSBAD BOULEVARD, BETWEEN CANNON ROAD
7 AND CEREZO DRIVE, WITHIN THE MELLO II SEGMENT OF
THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
8 MANAGEMENT ZONE 3.
9 CASE NAME: MACKENZIE RESIDENCE
CASE NO.: CDP 08-23
10
WHEREAS, Douglas Scott Mackenzie and Antionette Renee Mackenzie,
12 "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property
13 described as
14 Lot 43 of Terramar Unit No. 1, in the City of Carlsbad, County
of San Diego, State of California according to map thereof No.
2696, filed in the Office of the County Recorder of San Diego
16 County, on September 6,1950
17 ("the Property"); and
1 810 WHEREAS, said verified application constitutes a request for a Coastal
19 Development Permit as shown on Exhibits "A - J" dated May 6, 2009, on file in the Planning
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Department, MACKENZIE RESIDENCE - CDP 08-23, as provided by Chapter 21.201.040 of
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~~ the Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did, on May 6, 2009, hold a duly noticed
24 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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c B) That based on the evidence presented at the public hearing, the Commission
APPROVES MACKENZIE RESIDENCE - CDP 08-23 based on the following
6 findings and subject to the following conditions:
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 project consists of the demolition of an
o existing single-family residence and the construction of a new 6,668 square-foot
single-family residence, pool, and spa on a lot designated RLM for single-family
10 residential development by the Mello II Land Use designation. The two-story
residence will be compatible with the surrounding one and two-story residences and
11 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. In addition, no
agricultural uses, sensitive resources, geologic instability, flood hazard or coastal
13 shoreline access opportunities exist on-site.
14 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the site is not located adjacent to the shore. Therefore, the
15 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.16
^7 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
18 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance,
Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban
19 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
21 susceptible to accelerated erosion, floods, or liquefaction.
22 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
23 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301(1)(1) (demolition of
a single-family residence) and 15303(a) (construction of a single family residence in
25 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
26 CEQA Guidelines do not apply to this project.
27 5. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
2g of the Land Use Plan, certified September 1990, and therefore, is not subject to the
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provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
2 Ordinance).
3 6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 3 and all City public facility policies and
4 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
g 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.
7 Specifically,
° a. The project has been conditioned to provide proof from the Carlsbad Unified School
n District that the project has satisfied its obligation for school facilities.
10 b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of a building permit.
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7. The project is not located between the sea and the first public road parallel to the sea and,
12 therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
•, -, Zone (Chapter 21.201 of the Zoning Ordinance).
14 8. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan based on the facts set forth in
15 the staff report dated May 6, 2009 including, but not limited to the following: The
project site has a General Plan Land Use designation of RLM (Residential Low-
1" Medium Density). The RLM Land Use designation allows development of single-
jy family residences at a density of 0-4 dwelling units per acre with a Growth
Management Control Point (GMCP) of 3.2 dwelling units per acre. At the RLM
18 GMCP, 0.48 dwelling units would be permitted on this 0.15-acre (net developable)
property. One single-family dwelling unit is guaranteed pursuant to the following
19 General Plan provision: "Notwithstanding the density provisions and intent of each
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
21 prior to October 28, 2004; therefore development of a one-family dwelling is
consistent with the RLM General Plan Land Use designation.
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9. The Planning Commission has reviewed each of the exactions imposed on the Developer
23 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.
25 Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
27 building permit.
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PCRESONO. 6557 -3-
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
2 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
3 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
4 issued under the authority of approvals herein granted; record a notice of violation on the
r 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
6 or a successor in interest by the City's approval of this Coastal Development Permit.
7 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
them internally consistent and in conformity with the final action on the project.
9 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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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.
12 4. If any condition for construction of any public improvements or facilities, or the payment
13 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
14 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.
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5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
17 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
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
i Q 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
20 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
21 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
survives until all legal proceedings have been concluded and continues even if the City's
23 approval is not validated.
24 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Site Plan reflecting the conditions approved by the final decision-making
25 body.
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7. Developer shall include, as part of the plans submitted for any permit plancheck, a
27 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
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8. Prior to the issuance of a building permit, the Developer shall provide proof to the
2 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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9. Prior to the issuance of a building permit, the Developer shall prepare and record a
Notice that this property may be subject to noise impacts from the existing
c 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).
6
10. Prior to the issuance of a building permit, the Developer shall submit an acoustical
7 analysis prepared by a registered acoustical professional for the project due to the
potential noise impacts from Carlsbad Boulevard. The project is required to
implement the recommendations, if any, outlined in the acoustical analysis to ensure
9 that the interior noise levels do not exceed 45 dB(A) CNEL and exterior noise levels
of 60 dB(A) CNEL. The report shall certify that the building plans incorporate the
10 required recommendations.
H 11. Building permits will not be issued for this project unless the local agency providing
12 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
13 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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12. 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
16 Section 21.201.210 of the Zoning Ordinance.
17 13. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.18
,Q 14. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 3 Local Facilities Management Plan and any amendments made to that
20 Plan prior to the issuance of building permits.
21 15. 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
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
23 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such
24 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.25 VV
26 16. 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
27 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
28 Carlsbad has issued a Coastal Development Permit by Resolution No. 6557 on the
property. Said Notice of Restriction shall note the property description, location of the
PC RESO NO. 6557 -5-
file containing complete project details and all conditions of approval as well as any
2 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
3 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.4
c Engineering:
6 General
7 17. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
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18. This project is approved upon the express condition that building permits will not be
10 issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of permit
issuance.
12 19. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of
13 the Site Plan and Site Improvement Plan reflecting the conditions approved by the final
decision making body. The reproducible mylar shall be submitted to the Planning
14 Director, reviewed and, if acceptable, signed by the City's project engineer and project
planner prior to submittal of the building plans, improvement .plans, grading plans, or
final map, whichever occurs first.
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20. Developer shall maintain onsite landscaping adjacent to the proposed driveway to
17 ensure sight distance is maintained as shown on the Site Plan. This condition shall
run with the land and bind all successors in interest to the Developer.18
Fees/Agreements
20 21. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
21
22. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement.
23 23. Developer shall cause property owner to enter into a Neighborhood Improvement
24 Agreement with the City on a City Standard form for the future public improvement of
Carlsbad Boulevard along the subdivision frontage for a half right-of-way street width
25 of 51-feet. Public improvements shall include but are not limited to paving, base,
~ , sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or
relocation of utilities, sewer, water, fire hydrants, street lights, pedestrian ramp, retaining
27 walls and reclaimed water.
28 24. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer for the annexation of the area
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shown within the boundaries of the Site Plan into the existing City of Carlsbad Street
2 Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be on a
3 form provided by the City Engineer.
4 Grading
25. Based upon a review of the proposed grading and the grading quantities shown on the
6 Site Plan, a grading permit for this project is required. Developer shall prepare and submit
plans and technical studies/reports, for City Engineer review, and shall pay all applicable
7 grading plan review fees per the City's latest fee schedule.
8 26. Developer shall apply for and obtain a grading permit from the City Engineer. Developer
9 shall pay all applicable grading permit fees per the City's latest fee schedule and shall
post security per City Code requirements.
10
27. No grading or offsite construction shall occur outside the project unless Developer
obtains, records, and submits a recorded copy, to the City Engineer, a temporary grading,
12 construction or slope easement or agreement from the owners of the affected properties.
13 28. Developer shall comply with the City's Storm water Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
14 but are not limited to pollution treatment practices or devices, erosion control to prevent
silt runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
16 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
17 notify prospective owners and tenants of the above requirements.
18 29. Developer shall complete and submit to the City Engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
Developer shall also submit the appropriate Tier level Storm Water Compliance form and
2Q Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the
completed PTAF all to the satisfaction of the City Engineer.
21
30. 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
2"i the natural hydrologic function of the site by preserving natural open-spaces and natural
drainage channels, minimizing impervious surfaces, promoting infiltration and
24 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
25 (Storm water Management Strategies). LID techniques include, but are not limited to:
vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
volume, peak flow rate, velocity and pollutants.
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Dedications/Improvements
2
31. Developer shall cause Owner to make an irrevocable offer of dedication to the City for
3 public street and public utilities purposes as shown on the Site Plan. The offer shall be
made by a separate recorded document. All land so offered shall be free and clear of all
liens and encumbrances and without cost to the City. Developer shall submit the
r dedication documents for City Engineer review and shall pay all applicable easement
review fees per the City's latest fee schedule.
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Utilities
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„ 32. If the basement level requires sanitary sewer, Developer shall install and maintain a
private sewer pump to serve that level only. The private sewer pump discharge
9 shall connect to the service lateral to the satisfaction of the Building Department.
All other upper floor levels shall drain to a public sewer by gravity means.
10
33. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire
flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
19 hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the District Engineer.
13
34. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
14 for connection to public facilities.
Code Reminders:
16
The project is subject to all applicable provisions of local ordinances, including but not limited to
17 the following code requirements:
1R 35. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
19 Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
Trips (ADT) and floor area contained in the staff report and shown on the Site Plan are
20 for planning purposes only.
21 36. 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
permit issuance, except as otherwise specifically provided herein.
23
37. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
24 Code Section 18.04.320.
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PCRESONO. 6557 -8-
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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 May 6, 2009, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas,
Whitton, and Chairperson Montgomery
MARTELLB. MONTGOMERY, t*»person
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6557 -9-