HomeMy WebLinkAbout2010-10-20; Planning Commission; Resolution 67271 PLANNING COMMISSION RESOLUTION NO. 6727
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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 : _^
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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
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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
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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
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CDP.28
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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:
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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.
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Code Reminders:11
j2 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements:
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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.
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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.
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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.
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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