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HomeMy WebLinkAbout2010-10-20; Planning Commission; Resolution 67271 PLANNING COMMISSION RESOLUTION NO. 6727 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 10-18 TO DEMOLISH A 4 SINGLE-FAMILY RESIDENCE AND DETACHED 5 ACCESSORY STRUCTURE AND TO ALLOW FOR THE CONSTRUCTION OF A NEW 4,083 SQUARE FOOT, TWO- 6 STORY SINGLE-FAMILY RESIDENCE (INCLUDING ATTACHED GARAGE) ON A 0.82-ACRE LOT LOCATED AT 1 1369 MAGNOLIA AVENUE, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND 8 LOCAL FACILITIES MANAGEMENT ZONE 1. 9 CASE NAME: 1369 MAGNOLIA AVENUE CASE NO.: CDP 10-18 : _^ 10 WHEREAS, William Cavanaugh, Santa Rita Investment Company, j2 "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property 13 described as 14 A portion of Lot 241 of the Thum Lands, in the City of .. Carlsbad, County of San Diego, according to map thereof No. 1861, filed in the Office of the County Recorder of San Diego 16 County, December 9,1915 17 ("the Property"); and 1 O WHEREAS, said verified application constitutes a request for a Coastal 19 Development Permit as shown on Exhibits "A" - "I" dated October 20, 2010, on file in the 20 Planning Department, 1369 MAGNOLIA AVENUE - CDP 10-18, as provided by Chapter 22 21.201.040 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on October 20, 2010, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CDP.28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 t- B) That based on the evidence presented at the public hearing, the Commission APPROVES 1369 MAGNOLIA AVENUE - CDP 10-18 based on the 6 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 4,083 square-foot single-family residence (including attached garage) on a lot 10 designated as Residential, Low-Medium Density (RLM), by the Mello II Land Use designation. The proposed two-story home 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. In addition, the proposed 13 single-family residence is not located in an area of known geologic instability or flood hazards. Since the site does not have frontage along the coastline, no public 14 opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially-designated site is not suited for water-oriented recreation activities. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 17 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 18 site is not suited for water-oriented recreation activities. 19 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 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, 21 Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, 22 pollutants, and soil erosion; no development is proposed in areas of steep slopes (> 25% gradient); other than an existing oak tree, which is proposed to be retained, no native vegetation is located on the subject property; and, the site is not located in an 24 area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. 25 4. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Land. Use Plan, certified September 1990, and therefore, is not subject to the 26 provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 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 PC RESO NO. 6727 -2- ordinances. The project includes elements or has been conditioned to construct or 2 provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 3 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, a. The project has been conditioned to provide proof from the Carlsbad Unified School 6 District that the project has satisfied its obligation for school facilities. 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. 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 10 Zone (Chapter 21.201 of the Zoning Ordinance). 11 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 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301(1) (demolition of individual small structures) and Section 15303(a) (construction of a single-family 14 residence) 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. 8. The Planning Commission finds that the project, as conditioned herein, is in 17 conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated October 20, 2010, including, but not limited to the following: the 18 project consists of the construction of a 4,083 square-foot single-family residence on a lot designated RLM (Residential Low-Medium Density) by the Mello II Land Use designation. At the RLM GMCP, 2.62 dwelling units could be permitted on this ~.-, 0.82-acre (net developable) property. The project's proposed density of 1.22 dwelling units per acre is 1.62 units below the RLM GMCP of 3.2 dwelling units per 21 acre used for the purpose of calculating the City's compliance with Government Code Section 65863. Consistent with Program 3.2 of the City's certified Housing 22 Element, all of the dwelling units which were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects, including fractional units, are typically deposited into the City's 24 Excess Dwelling Unit Bank. However, as the applicant has submitted an application for a Minor Subdivision (MS 10-04) to create a total of three lots which will require 25 the allocation of the current excess yield of 1.62 dwelling units to construct two additional single-family homes, the units will not be deposited into the excess dwelling unit bank. Therefore, the proposed project is consistent with Program 3.2 27 of the Housing Element since the full development potential of this lot is anticipated to be realized. 28 PC RESO NO. 6727 -3- 9. The Planning Commission has reviewed each of the exactions imposed on the Developer 2 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 3 degree of exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of the 6 building permit. 7 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 9 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 10 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 12 or a successor in interest by the City's approval of this Coastal.Development Permit. 13 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 14 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. 16 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 17 regulations in effect at the time of building permit issuance. 18 4. If any conditions for the construction of any public improvements or facilities, or the in 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 20 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 21 with all requirements of law. 22 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 23 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 24 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, (b) City's approval or issuance of any permit or action, whether discretionary or 26 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 27 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 2° survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. PC RESO NO. 6727 -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. 12 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. 11, 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 Plan prior to the issuance of building permits. 16 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 17 #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 19 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 20 approval will not be consistent with the General Plan and shall become void. 21 13. Prior to the issuance of the building permit, Developer shall submit to the City a Notice 22 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 23 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Coastal Development Permit by Resolution No. 6727 on the 24 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 26 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 27 or successor in interest. 28 PC RESO NO. 6727 -5- 14. If building permits are not issued within two years of the demolition of the existing 2 residential structure, at 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 3 basis in the amount in effect at the time, as established by City Council Resolution from time to time.4 5 Engineering: 6 Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a grading permit or building permit, whichever comes first. General 9 15. Prior to hauling dirt or construction materials to or from any proposed construction site 10 within this project, the developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 12 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 issuance and will continue to be available until time of occupancy. 15 Fees/Agreements 16 17. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 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 19. Prior to approval of any grading or building permits for this project, developer shall cause 20 owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional 22 Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer. 23 20. Prior to the issuance of building permits, or grading permit, whichever occurs first, the developer shall cause owner to execute, for recordation, a city standard Local Improvement District Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and installation of street lights, as needed, along the 26 subdivision frontage, should a future district be formed. Grading 28 21. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is not required. Should design changes be made PC RESO NO. 6727 -6- such that a grading permit is required, developer shall prepare and submit plans and 2 technical studies/reports, for city engineer review, and shall pay all applicable grading plan review fees per the city's latest fee schedule. 3 22. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include <- but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and 6 educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or 7 stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements.o 9 23. Developer acknowledges upcoming hydromodification (runoff reduction) requirements may impact how this project treats and/or retains storm runoff. Hydromodification 1 0 involves detailed site design and analysis to reduce the amount of post-development run- off by mimicking the natural hydrologic function of the site, preserving natural open- spaces and natural drainage channels, minimizing use of new impervious surfaces, and 1 2 promoting onsite infiltration and evaporation of run-off. During final design, developer shall demonstrate compliance with storm water requirements to the satisfaction of the city 1 3 engineer. 14 24. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design 16 (LID) facilities. 17 25. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new jo impervious surfaces (e.g.: paving) and 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), all to the satisfaction of the city 20 engineer. 21 Dedications/Improvements 22 26. Developer shall design all proposed public improvements including but not limited to 23 (sewer laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains, etc.) as shown on the site plan. These improvements shall be shown on one 24 of the following, subject to city engineer approval: 25 A. Grading plans processed in conjunction with this project; or 26 B. Construction Revision to an existing record public improvement drawing. Developer shall pay plan check and inspection fees using improvement valuations 27 in accordance with the city's current fee schedule. Developer shall apply for and 00 obtain a right-of-way permit prior to performing work in the city right-of-way. PC RESO NO. 6727 -7- 1 Utilities 2 27. Developer shall meet with the fire marshal to determine if fire protection measures (fire 3 flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 28. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges 6 for connection to public facilities. 7 Fire: g 29. Effective January 1, 2011, all single-family residences shall have automatic fire 9 sprinkler systems installed. If a building permit is not issued prior to this date, an automatic fire sprinkler system will be required. 10 Code Reminders:11 j2 The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 13 30. Approval of this request shall not excuse compliance with all applicable sections of the 14 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 1 +J 16 31. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 17 32. 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 |o with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 20 21 NOTICE 22 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 23 "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If 25 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 26 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 2' annul their imposition. 28 PC RESO NO. 6727 -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 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 zoning, grading, or other similar application processing or service fees project; NOR DOES IT APPLY to any fees/exactions of which you have charges, nor in connection planning, with this previously been given a NOTICE similar to this, or as to which the statute of limitations has previously expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on October 20, vote, to wit: AYES: Acting Chairperson Baker, Commissioners and Schumacher NOES: 2010, by the otherwise Planning following Montgomery, Nygaard ABSENT: Chairperson Douglas, Commissioners Dominguez, and L' ABSTAIN: vjO" (\ "\A^**-^ ^ JXJL, JULIE BAKER\Acting Chairperson CARLSBV) PLANNING COMMISSION ATTEST: A * )dL Si LA DON NEU Planning Director PC RESO NO. 6727 -9- Heureux