HomeMy WebLinkAbout2010-01-20; Planning Commission; Resolution 66551 PLANNING COMMISSION RESOLUTION NO. 6655
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL
DEVELOPMENT PERMIT (CDP) TO DEMOLISH AN EXISTING
4 SINGLE FAMILY RESIDENCE AND TO ALLOW FOR THE
5 DEVELOPMENT OF A THREE-UNIT DETACHED SINGLE-
FAMILY RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT
6 ON A .469 GROSS ACRE INFILL SITE ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF DATE
7 AVENUE AND EAST OF GARFIELD STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
8 CASE NAME: DATE BLUFFS BEACH HOMES
9 CASE NO.: CDP 08-25
10 WHEREAS, Cal Structures, Inc., "Developer," has filed a verified application
with the City of Carlsbad regarding property owned by Jiao Yu, "Owner," described as
12 Lot 2 in block "T" of Palisades Number 2, in the City of
13 Carlsbad, County of San Diego, State of California, according
to map thereof No. 1803, filed in the office of the County
14 Recorder of San Diego County, August 25, 1924. Excepting
therefrom the northeasterly one-half thereof
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Coastal
18 Development Permit as shown on Exhibits "A"-"W," dated December 16, 2009, on file in the
19 Planning Department, Date Bluffs Beach Homes CDP 08-25 as provided by Chapter 21.201.040
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of the Carlsbad Municipal Code; and
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__ WHEREAS, the Planning Commission did, on December 16, 2009 and January
23 20,2010, hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CDP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Planning
3 Commission APPROVES DATE BLUFFS BEACH HOMES CDP 08-25
based on the following findings and subject to the following conditions:
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r Findings:
6 1. That the proposed development is in conformance with the Mello II Segment of the
Certified Local Coastal Program and all applicable policies in that the project consists of
7 the demolition of one single-family home and the construction of a three-unit
detached single-family residential air-space condominium project at a density of
6.48 du/ac which is within the density range of the RM Mello II Land Use
9 designation. No agricultural activities, sensitive resources, geological instability,
flood hazard, or coastal access opportunities exists onsite; and the three two-story
10 single-family detached residential airspace condominium development will be
compatible with surrounding single-family homes and the adjacent single-
family/two-family condominium development, and does not obstruct views of the
12 coastline as seen from public lands or public right-of-way or otherwise damage the
visual beauty of the coastal zone.
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2. The proposal is in conformity with the public access and recreation policies of Chapter 3
14 of the Coastal Act in that the project site is not located between the first public road
and the shore, therefore, the project will not interfere with the public's right to
physical access to the sea and the site is not suited for water-oriented recreational
i /- activities.
17 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 Runoff
Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
2Q 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,
21 floods, or liquefaction.
22 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 Protection Zone
23 (Chapter 21.204 of the Zoning Ordinance).
24 5. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
25 of the Land Use Plan, certified September 1990 and, therefore, is not subject to the
Coastal Agricultural Overlay Zone (Chapter 21.201 of the Zoning Ordinance).
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6. That the Planning Director has determined that the project belongs to a class of projects
27 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
preparation of environmental documents pursuant to Section 15332 (In-fill Development
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Projects) of the state CEQA Guidelines. In making this determination, the Planning
2 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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7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
4 Code Section 14.28.020 and Landscape Manual Section I B).
5 8. The Planning Commission has reviewed each of the exactions imposed on the Developer
f contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
7 degree of the exaction is in rough proportionality to the impact caused by the project.
8 Conditions:
" Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
1Q final map (MS 08-05).
11 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
12 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
14 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
15 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.16
j j 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
18 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
19 development, different from this approval, shall require an amendment to this approval.
20 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
21 regulations in effect at the time of building permit issuance.
22 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
24 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
25 all requirements of law.
26 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
28 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,
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(b) City's approval or issuance of any permit or action, whether discretionary or
2 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
3 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
4 survives until all legal proceedings have been concluded and continues even if the City's
<- approval is not validated.
6 6. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
7 Plan prior to the issuance of building permits.
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7. This approval is granted subject to the approval of SDP 09-03 and is subject to all
9 conditions contained in Planning Commission Resolution No. 6654 for those other
approvals incorporated herein by reference.
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8. This approval is granted subject to the approval of MS 08-05 and is subject to all
conditions contained in the approval letter for MS 08-05 signed by the City of Carlsbad
j 2 City Engineer incorporated herein by reference.
13 9. This approval is granted subject to the approval of PUD 08-08 and is subject to all
conditions contained in the approval letter for PUD 08-08 signed by the City of Carlsbad
14 Planning Director incorporated herein by reference.
10. This approval is granted subject to the approval of two minor Coastal Development
16 Permits for the proposed two second dwelling units located on Unit B and Unit C.
17 11. The applicant shall apply for and be issued building permits for this project within three
(3) years of approval of MS 08-05 or this coastal development permit will expire unless
extended per Section 21.201.210 of the Zoning Ordinance.
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12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
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
22 Local Facilities Management Plan fee for Zone 1, 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 13. Prior to the issuance of the final map or grading 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
26 of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a(n) Coastal Development Permit by Resolution No. 6655
27 on the 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
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which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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 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:
S, Cfegirrjejrson
CARLSBAD PLANNING COMMISSION
DON NEU
Planning Director
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