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HomeMy WebLinkAbout2009-07-01; Planning Commission; Resolution 65761 PLANNING COMMISSION RESOLUTION NO. 6576 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 08-05 TO ALLOW 4 FOR THE CONSTRUCTION OF A NEW 5,042 SQUARE FOOT SINGLE FAMILY RESIDENCE ON PROPERTY LOCATED AT 6455 SURFSIDE LANE WITHIN THE MELLO II SEGMENT 6 OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 22. 7 CASE NAME: DUTTA RESIDENCE CASE NO.: CDP 08-058 9 WHEREAS, Allan Teta, "Developer," has filed a verified application with the 10 City of Carlsbad regarding property owned by Raj Dutta, "Owner," described as 11 Lot 1 in Block 24 of La Costa Downs Unit No. 1 in the City of Carlsbad, County of San Diego, State of California, as shown on map thereof No. 2013, filed in the Office of the County 13 recorder of San Diego County, April 6,1997 14 ("the Property"); and 15 WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits "A" - "F" dated July 1, 2009, on file in the Planning 17 Department, DUTTA RESIDENCE - CDP 08-05, as provided by Chapter 21.201.040 of the 18 Carlsbad Municipal Code; and 2Q WHEREAS, the Planning Commission did, on July 1, 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 24 relating to the CDP. 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning26 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 DUTTA RESIDENCE - CDP 08-05 based on the following findings and subject to the following conditions: 3 Findings; 4 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 RM. The proposed two-story, single-family residence is consistent with the surrounding development of 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 10 proximity to the coast but no public opportunities for coastal shoreline access are available from the subject site. The residentially designated site is not suited for 11 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 therefore the project will not interfere with the public's right to physical access to 14 the ocean and the site is not suited for water-oriented recreational activities. 15 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 16 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 susceptible to accelerated erosion, 19 floods, or liquefaction. 20 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 Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). 22 5. That the Planning Director has determined that the project belongs to a class of projects 23 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 24 preparation of environmental documents pursuant to Section 15303(a) (construction of 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. 27 6. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X 28 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). PC RESO NO. 6576 -2- 7. The project is consistent with the City wide Facilities and Improvements Plan, the Local 2 Facilities Management Plan for Zone 22, 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 project will be installed to serve new development prior to or concurrent with need. Specifically, 6 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. 8 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be 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. 11 8. The Planning Commission finds that the project, as conditioned herein, is in 12 conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated July 1, 2009 including, but not limited to the following: The project site has a General Plan Land Use designation of RM (Residential Medium 14 Density). The RM Land Use designation allows development of single-family residences at a density of 4-8 dwelling units per acre with a Growth Management 15 Control Point (GMCP) of 6 dwelling units per acre. At the RLM GMCP, 0.66 dwelling units would be permitted on this 0.11 acre (net developable) property. One '" single-family dwelling unit is guaranteed pursuant to the following 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 18 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 consistent with the RM 19 General Plan Land Use designation. 20 9. The Planning Commission finds that the project, as conditioned herein, is in conformance ,,, with the La Costa Downs Specific Plan (SP 201) based on the facts set forth in the staff report dated July 1, 2009 including, but not limited to the following: The proposed 22 development is in compliance with all applicable development standard regulations of SP 201 including setbacks, building height and lot coverage. The project is in 23 compliance with all applicable design standard regulations of SP 201 through the use of off-set building planes on the front, rear and street side elevation; the use of interesting facade treatments including a channel glass tower in the street front 25 corner of the house; extensive use of decorative textured materials, and a flat roof with proposed solar panels, parapets, metal fascias, and glass guardrails along the 26 roof decks. 27 10. 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 this project, and the extent and the degree of exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 6576 -3- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of 3 building permits. 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 6 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 7 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 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 10 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. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13 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. 14 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 ,s are 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 17 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 18 . 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 2Q 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 21 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 22 nondiscretionary, in connection with the use contemplated herein, and (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 24 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 25 approval is not validated. 2° 6. 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. 28 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). PC RESO NO. 6576 -4- 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 2 Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities. 3 9. This project shall comply with all conditions and mitigation measures which are required 4 as part of the Zone 22 Local Facilities Management Plan and any amendments made to - that Plan prior to the issuance of building permits. 5 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 7 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 facilities will continue to be available until the time of occupancy, n 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 10 Section 21.201.210 of the Zoning Ordinance. 11 12. 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 13 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 22, 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.15 ,,- 13. Prior to the issuance of building permits, the Developer shall pay to the City an inclusionary housing impact fee as an individual fee on a per market rate dwelling unit 17 basis in the amount in effect at the time, as amended by City Council Resolution from time to time. 18 14. Prior to the issuance of building permits, the Developer shall submit an acoustical analysis which demonstrates that the architectural plans comply with the State of 2Q California interior noise standard of 45 dBA CNEL. The architectural plans shall incorporate any additional measures (thicker glazing, sound absorption material, 21 shielding of vents, or artificial circulation system) to attenuate the noise to an acceptable level. Where windows are required to be unopened or kept closed in order to meet the 22 interior noise standards, mechanical ventilation and cooling, if necessary, shall be provided to maintain a habitable environment. The system shall supply two air changes per hour to each habitable room including 20% (one-fifth) fresh make-up air obtained 24 directly from the outdoors. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten feet of straight or curved duct or six 25 feet plus one sharp 90 degree bend. 2" 15. Prior to the issuance of building permits, the Developer shall prepare and record a notice 27 that this property may be subject to noise impacts from Carlsbad Boulevard, San Diego Northern railroad, and the McClellan Palomar Airport in a manner meeting the approval 28 of the Planning Director and City Attorney. PC RESO NO. 6576 -5- 16. Prior to the issuance of building permits, the Developer shall prepare and record a notice 2 that this property may be subject to noise and traffic impacts from the commuter rail station in a manner meeting the approval of the Planning Director and City Attorney. 3 17. Prior to the issuance of the building permits, Developer shall submit to the City a Notice 4 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 Director, notifying all interested parties and successors in interest that the City of 6 Carlsbad has issued a(n) Coastal Development Permit by Resolution No. 6576 on the property. Said Notice of Restriction shall note the property description, location of the 7 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 Planning Director has the authority to execute and record an amendment to the notice o which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 10 18. Lots located in the La Costa Downs subdivision may be subject to possible odor 11 impacts from the Encina Sewer Plant. Accordingly, the following disclosure shall be made: Prior to the issuance of a building permit, the owner shall prepare and record a notice that this property may be subject to odor impacts from the Encina 13 Sewer Plant in a manner meeting the approval of the Planning Director and City Attorney. 14 Engineering: 15 ,,- NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a building permit. 17 General 18 19. 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 2Q for the proposed haul route. 21 20. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has 22 determined that adequate water and sewer facilities are available at the time of permit issuance. 24 21. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. 25 Fees/Agr eem ents 26 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... . 28 PC RESO NO. 6576 -6- 23. The property owner shall post a cash deposit for the cost of constructing street 2 frontage improvements on Carlsbad Boulevard prior to the issuance of a building permit pursuant to Section II(B)13(a)(5) of the La Costa Downs Specific Plan. 3 24. 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 - but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and 5 educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to storm water, receiving water or 7 storm water conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements.8 25. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, 10 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 11 completed PTAF all to the satisfaction of the City Engineer. 12 26. Developer shall incorporate Low Impact Development (LID) design techniques, on all 13 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 14 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 ,s (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the 17 volume, peak flow rate, velocity and pollutants. 18 Dedications/Improvements 27. Developer shall design the private drainage system as shown on the site plan to the 2Q satisfaction of the City Engineer. 21 28. Developer shall design all proposed public improvements including but not limited to sidewalk, curb drain, retaining/gravity wall, and removing an existing retaining wall 22 as shown on the site plan. Said work shall also include relocating a street sign fronting Island Way that is not shown on the site plan. These improvements shall be shown on one of the following, subject to City Engineer approval: 24 A. Improvement plans processed in conjunction with this project; or 25 B. Construction Revision to an existing record public improvement drawing. 2" 29. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the City's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the City right-of-way. 28 PC RESO NO. 6576 -7- 1 Utilities 2 30. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 3 for connection to public facilities. 31. Developer shall install potable water and/or recycled water services and meters at _ locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 6 32. The Developer shall install sewer laterals and clean-outs at locations approved by the 7 City Engineer. The locations of sewer laterals shall be reflected on public improvement plans.8 y 33. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the District 10 Engineer and City Engineer. 11 NOTICE 12.. Please take NOTICE that approval of your project includes the "imposition" of fees, 13 dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."14 i r 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 17 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.18 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 expired. 23 24 25 26 27 28 PC RESO NO. 6576 -8- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 1, 2009, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Douglas, L'Heureux, and Chairperson Montgomery ABSENT: Commissioner Dominguez ABSTAIN: MARTELL B. MONTGOMERY, qglperson CARLSBAD PLANNING COMMISSION ATTEST: Six, DON NEU Planning Director PC RESO NO. 6576 -9-