HomeMy WebLinkAbout2010-06-16; Planning Commission; Resolution 66991 PLANNING COMMISSION RESOLUTION NO. 6699
. 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 10-04 TO ALLOW FOR THE
4 CONSTRUCTION OF A NEW 2,803 SQUARE FOOT, TWO-
STORY SINGLE-FAMILY RESIDENCE ON A 0.32-ACRE LOT
LOCATED ON THE NORTH SIDE OF EUCALYPTUS LANE,
6 WEST OF THE INTERSECTION OF EL CAMINO REAL AND
CRESTVIEW DRIVE, WITHIN THE MELLO II SEGMENT OF
7 THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 1.
8 CASE NAME: FICARA RESIDENCE
9 CASE NO.: CDP 10-04
10 WHEREAS, Pelligrino Ficara, "Owner/Developer," has filed a verified
11 application with the City of Carlsbad regarding property described as
12 Parcel 1 of Parcel Map No. 20369, Carlsbad Minor Subdivision
13 No. MS 04-18, in the County of San Diego, State of California,
according to map thereof filed in the office of the County
14 Recorder of said County, September 26,2007
15 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Coastal
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Development Permit as shown on Exhibits "A" - "E" dated June 16, 2010, on file in the18
19 Planning Department, FICARA RESIDENCE - CDP 10-04, as provided by Chapter
20 21.201.040 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on June 16, 2010, hold a duly noticed
22 public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26 relating to the CDP.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2° 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 Commission
3 APPROVES FICARA RESIDENCE - CDP 10-04 based on the following
findings and subject to the following conditions:
Findings:
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
new 2,803 square-foot single-family residence on a lot designated as Residential,
7 Low-Medium Density (RLM), by the Mello II Land Use designation. The two-story
residence will be compatible with the surrounding one and two-story residences and
will not obstruct views of the coastline as seen from public lands or the public right-
n 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
10 shoreline access opportunities exist on-site.
1 1 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
project will not interfere with the public's right to physical access to the sea and the
, o site is not suited for water-oriented recreation activities.
14 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
15 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,
1 7 pollutants, and soil erosion. No development is proposed in areas of steep slopes (>
25% gradient) and no native vegetation is located on the subject property. In
18 addition, the site is not located in an area prone to landslides, or susceptible to
accelerated erosion, floods or liquefaction.
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4. Although the project is located in the Coastal Agricultural Overlay Zone, according to
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
1941 1; therefore, the proposal to construct a single-family residence is not subject to the
22 provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).
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5. The project is consistent with the City- Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
26 and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
27 project will be installed to serve new development prior to or concurrent with need.
Specifically,
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a. The project has been conditioned to provide proof from the Carlsbad Unified School
2 District that the project has satisfied its obligation for school facilities.
3 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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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
Zone (Chapter 21.201 of the Zoning Ordinance).
7 7. 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
8 environment, and it is therefore categorically exempt from the requirement for the
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
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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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 June 16, 2010, including, but not limited to the following: the
project consists of the construction of a 2,803 square-foot single-family residence on
14 a lot designated RLM (Residential Low-Medium Density) by the Mello II Land Use
designation. The subject parcel was created as a result of Parcel Map 20369,
15 recorded on September 26, 2007 (MS 04-18, CDP 04-34, SUP 04-09, and HDP 04-
08). At time the Coastal Development Permit (and additional development
applications) was processed for the subdivision, the project was found to be in
compliance with the RLM General Plan Land Use designation and the Growth
Management Ordinance (CMC Section 21.90.045). Therefore, the proposed project
18 consisting of the development of a single-family home is consistent with the RLM
General Plan Land Use designation and the Growth Management Ordinance (CMC
19 Section 21.90.045).
90 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
to mitigate impacts caused by or reasonably related to this project, and the extent and the
22 degree of exaction is in rough proportionality to the impact caused by the project.
23 Conditions;
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of the
25 building permit.
26 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
27 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
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issued under the authority of approvals herein granted; record a notice of violation on the
2 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
3 or a successor in interest by the City's approval of this Coastal Development Permit.
4 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.
6 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.
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4. If any conditions for the construction of any public improvements or facilities, or the
10 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
i 2 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
14 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
16 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
17 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
i Q 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 approval is not
20 validated.
21 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
body.
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7. Developer shall include, as part of the plans submitted for any permit plancheck, a
24 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
26 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
27 obligation to provide school facilities.
2° 9. 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
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adequate water service and sewer facilities, respectively, are available to the project at the
2 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.
3
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
c Section 21.201.210 of the Zoning Ordinance.
6 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
7 basis in the amount in effect at the time, as amended by City Council Resolution from
time to time.8
9 12. 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
10 Plan prior to the issuance of building permits.
13. 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 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
approval will not be consistent with the General Plan and shall become void.
16 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
17 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
Carlsbad has issued a Coastal Development Permit by Resolution No. 6699 on the
i A 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
20 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
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
23 15. 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
24 Transportation Corridor (i.e., El Camino Real), in a form meeting the approval of
the Planning Director and the City Attorney (see Noise Form #1 on file in the
Planning Department).
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16. Prior to the issuance of building permits, the Developer shall prepare and record a
27 Notice that this property is subject to over flight, sight and sound of aircraft
operating from McClellan-Palomar Airport, in a form meeting the approval of the
Planning Director and the City Attorney (see Noise Form #2 on file in the Planning
Department).
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Engineering:
2 Note: Unless specifically stated in the condition, all of the following conditions, upon the
3 approval of this proposed development, must be met prior to approval of a building
permit.
4
<- General
6 17. Developer shall comply with all applicable conditions for Minor Subdivision No. MS
04-18 as well as the Engineering conditions contained in Planning Commission
7 resolutions of approval for CDP 04-34, SUP 04-09, and HDP 04-08.
o
18. Developer shall complete and submit to the City Engineer a Project Threat Assessment
9 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
Developer shall also submit the appropriate Tier level Storm Water Compliance form and
10 Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the
completed PTAF all to the satisfaction of the City Engineer.
<~ 19. Developer shall comply with City approved "Storm Water Management Plan
(SWMP)" for Eucalyptus Lane MS 04-08 prepared by O'Day Consultants, Inc. and
13 install all Treatment Control BMP's shown on the City approved DWG 440-9A.
14 20. 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
the natural hydrologic function of the site by preserving natural open-spaces and natural
16 drainage channels, minimizing impervious surfaces, promoting infiltration and
evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
17 techniques using current County of San Diego Low Impact Development Handbook
(Stormwater Management Strategies). LID techniques include, but are not limited to:
° vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
i o volume, peak flow rate, velocity and pollutants.
20 Fire;
21 21. Fire sprinklers are required for the single-family residence.
22 Code Reminders:
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The project is subject to all applicable provisions of local ordinances, including but not limited to
24 the following code requirements:
95 22. Approval of this request shall not excuse compliance with all applicable sections of the
2f. Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
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23. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
28 Code Section 18.04.320.
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24. 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
of the City Engineer.
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 June 16, 2010, by the following vote, to
wit:
AYES:
NOES:
Chairperson Douglas, Commissioners Baker, Dominguez,
L'Heureux, and Schumacher
ABSENT: Commissioners Montgomery and Nygaard
ABSTAIN:
FA
CARLSBAD PLANNING CO~
:rson
ISSION
DON NEU
Planning Director
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