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HomeMy WebLinkAbout2010-01-20; Planning Commission; Resolution 66471 PLANNING COMMISSION RESOLUTION NO. 6647 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 09-16 TO ALLOW FOR THE 4 CONSTRUCTION OF A NEW 4,358 SQUARE FOOT, TWO- 5 STORY SINGLE-FAMILY RESIDENCE ON A 0.49-ACRE PANHANDLE LOT LOCATED ON THE SOUTH SIDE OF 6 TRITON STREET, WEST OF THE INTERSECTION OF BLACKRAIL ROAD AND TRITON STREET, WITHIN THE 7 MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. 8 CASE NAME: TRITON RESIDENCE 9 CASE NO.: CDP 09-16 10 WHEREAS, Lawrence I. Lin and Sha-Li Lin, "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property described as 12 Parcel A: 13 Parcel 3 of Parcel Map No. 19411, in the City of Carlsbad, County of San Diego, State of California, according to map 14 thereof filed in the office of the County Recorder of San Diego County, January 23, 2004; and 16 Parcel B: An easement for ingress and egress over that portion of Parcel 17 1 of Parcel Map No. 19411, in the City of Carlsbad, County of San Diego, State of California, according to map thereof filed in the office of the County Recorder of San Diego County, 19 January 23, 2004, shown and delineated on said map as ingress-egress easement to the City of Carlsbad 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Coastal 23 Development Permit as shown on Exhibits "A" - "J" dated January 20, 2010, on file in the 24 Planning Department, TRITON RESIDENCE - CDP 09-16, as provided by Chapter 25 21.201.040 of the Carlsbad Municipal Code; and 26 WHEREAS, the Planning Commission did, on January 20, 2010, hold a duly 27 noticed public hearing as prescribed by law to consider said request; and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the CDP. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. Q B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES TRITON RESIDENCE - CDP 09-16 based on the following findings and subject to the following conditions: 10 Findings; 11 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 construction of a two-story, 4,358 square-foot single-family residence on a lot with a General Plan 13 Land Use designation of RLM (Residential, Low-Medium Density), which allows for single-family residential development. The RLM General Plan Land Use 14 designation has a density range of 0-4 dwelling units per acre with a Growth Management Control Point (GMCP) of 3.2 dwelling units per acre. At the RLM GMCP, 1.34 dwelling units would be permitted on this 0.42-acre (net developable) I /- property. As one single family home is proposed at a density of 2.38 dwelling units per acre, the project is consistent with the RLM General Plan Land Use designation. 17 The two-story residence will be compatible with the surrounding predominantly two-story residences and will not obstruct views of the coastline as seen from public 18 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 shorelines access opportunities exist on-site. 20 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 21 of the Coastal Act in that the site is not located adjacent to the shore. Therefore, the project will not interfere with the public's right to physical access to the sea and the 22 site is not suited for water-oriented recreation activities. 9^J 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay 24 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, 25 Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, 2® 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, floods, or liquefaction. 28 PC RESO NO. 6647 -2- 4. Although the project is located in the Coastal Agricultural Overlay Zone, according to 2 Map X of the Land Use Plan, certified September 1990, mitigation fees were paid to convert the property to urban uses when the property was created as a result of PM 3 19411; therefore, the proposal to construct a single-family residence is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 20 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 7 provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational ° 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, 10 a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. 12 b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be 13 __ collected prior to the issuance of a building permit. 14 6. 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 15 Zone (Chapter 21.201 of the Zoning Ordinance). That the Planning Director has determined that the project belongs to a class of projects , 7 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 18 preparation of environmental documents pursuant to Section 15303(a) (construction of a single-family residence in an urbanized area) of the state CEQA Guidelines. In 19 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. 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 22 the staff report dated January 20, 2010, including, but not limited to the following: The 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 Management Control Point (GMCP) of 3.2 dwelling units per acre. At the RLM 25 GMCP, 1.34 dwelling units would be permitted on this 0.42-acre (net developable) property. As one single family dwelling is proposed at a density of 2.38 dwelling 26 units per acre, the project is consistent with the RLM General Plan Land Use designation. »„ 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 PC RESO NO. 6647 -3- to mitigate impacts caused by or reasonably related to this project, and the extent and the 2 degree of exaction is in rough proportionality to the impact caused by the project. 3 Conditions: 4 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of the building permit. 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 7 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all ° future building permits; deny, revoke, or further condition all certificates of occupancy 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 10 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. 11 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 13 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 14 development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 17 4. If any conditions for the 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 challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies 20 with all requirements of law. 21 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 23 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Coastal Development Permit, 24 (b) City's approval or issuance of any permit or action, whether discretionary or 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 facility of electromagnetic fields or other energy waves or emissions. This obligation 27 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 28 PC RESO NO. 6647 -4- 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar 2 copy of the Site Plan reflecting the conditions approved by the final decision-making body. 3 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). 6 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 9. Building permits will not be issued for this project unless the local agency providing 9 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 10 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. 10. 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 13 Section 21.201.210 of the Zoning Ordinance. 14 11. Prior to the issuance of a building permit, the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as amended by City Council Resolution from 16 time to time. 17 12. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 19 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 20 #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 Local Facilities Management Plan fee for Zone 20, 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 23 approval will not be consistent with the General Plan and shall become void. 24 14. 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 to be filed in the office of the County Recorder, subject to the satisfaction of the Planning 26 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Coastal Development Permit by Resolution No. 6647 on the 27 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 Planning Director has the authority to execute and record an amendment to the notice PC RESO NO. 6647 -5- 22 which modifies or terminates said notice upon a showing of good cause by the Developer 2 or successor in interest. 3 Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the c approval of this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. 6 General 7 15. 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 g Engineer for the proposed haul route. 16. 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 determined that adequate water and sewer facilities are available at the time of permit 12 issuance. 13 Fees/Agreements 14 17. Developer shall cause property owner to execute and submit to the City Engineer for 15 recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 16 18. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. 19. 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 19 but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and 20 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 22 notify prospective owners and tenants of the above requirements. 23 20. 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 Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. 26 21. Developer shall incorporate Low Impact Development (LID) design techniques, on all 27 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 drainage channels, minimizing impervious surfaces, promoting infiltration and PC RESO NO. 6647 -6- evaporation of run-off before run-off leaves the site. Developer shall incorporate LID 2 techniques using current County of San Diego Low Impact Development Handbook (Storm water Management Strategies). LID techniques include, but are not limited to: 3 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 4 Utilities 22. 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 7 hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 8 23. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 10 Fire: 11 24. A Knox opticon switch shall be required at the access gate. 13 25. Fire sprinklers shall be required in lieu of a fire turn-around area. 14 Code Reminders; The project is subject to all applicable provisions of local ordinances, including but not limited to , ,• the following code requirements: 17 26. 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. 19 27. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 20 Code Section 18.04.320. 21 28. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction 23 of the City Engineer. 24 NOTICE 25 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 26 reservations, or other exactions hereafter collectively referred to for convenience as fees/exactions." 27 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 PCRESONO. 6647 -7- 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 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 January 20, 2010, by the following vote, to wit: AYES: NOES: Commissioners Dominguez, L'Heureux, Montgomery, Nygaard, Schumacher, and Chairperson Douglas. ABSENT: Commissioner Baker ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6647 -8-