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
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Department, DUTTA RESIDENCE - CDP 08-05, as provided by Chapter 21.201.040 of the
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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
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relating to the CDP.
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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.
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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).
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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.
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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.
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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
,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.
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. 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).
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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 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
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.
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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.
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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.
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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.
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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.
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Engineering:
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,,- 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.
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General
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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.
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Fees/Agr eem ents
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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... .
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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:
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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.
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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.
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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
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