HomeMy WebLinkAbout2010-12-01; Planning Commission; Resolution 6732PLANNING COMMISSION RESOLUTION NO. 6732
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT NO. CDP 10-12 TO
4 ALLOW FOR THE CONSTRUCTION OF A NEW 3,916
5 SQUARE FOOT TWO-STORY SINGLE FAMILY RESIDENCE
WITH AN ATTACHED 2-CAR AND 1-CAR GARAGE AND
6 PORCH ON A .23 ACRE LOT ON PROPERTY LOCATED AT
1099 BUENA VISTA WAY IN LOCAL FACILITIES
7 MANAGEMENT ZONE 1.
CASE NAME: 1099 BUENA VISTA WAY RESIDENCE
8 CASE NO.: CDP 10-12
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WHEREAS, Smerud Family Trust, "Developer/Owner" has filed a verified
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application with the City of Carlsbad regarding property described as
12 The Easterly half of Lots 10, 11 and 12 in Block B in the re-
subdivision of a portion of Sunny Slope Tract of Carlsbad, in
13 the County of San Diego, State of California, according to Map
thereof No. 995, filed in the Office of the County Recorder of
14 San Diego County, June 6, 1906. Together with all of Tuttle
Avenue, vacated adjoining said property on the East.
Excepting therefrom the Westerly 100.00 feet of the Easterly
16 Half of Lots 10,11 and 12 (APN: 155-251-02)
17 ("the Property"); and
18 WHEREAS, said verified application constitutes a request for a Coastal
19 Development Permit as shown on Exhibits "A"-"G" dated December 1, 2010, on file in the
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Planning Department, 1099 BUENA VISTA WAY RESIDENCE - CDP 10-12, as provided by
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22 Chapter 21.201.040 of the Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did, on December 1, 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
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relating to the CDP.
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1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 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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<- B) That based on the evidence presented at the public hearing, the Commission
APPROVES 1099 BUENA VISTA WAY RESIDENCE - CDP 10-12 based on
6 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 development consists of a new single
family dwelling unit and the development is consistent with the Mello II Land Use
10 designation of RLM. The proposed two-story, single-family residence with an
attached 2-car and 1-car garage and porch is consistent with the surrounding
development of two-story and one-story single-family structures. The two-story
residence 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
13 agricultural uses currently exist on the site, nor are there any sensitive resources
located on the property. The proposed single-family residence is not located in an
14 area of known geologic instability or flood hazard. The site is located in close
proximity to the coast but no public opportunities for coastal shoreline access are
available from the subject site. The residentially designated site is not suited for
i /• . water-oriented recreation activities.
17 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the property is not located adjacent to the shore and
18 therefore the project will not interfere with the public's right to physical access to
the ocean and the site is not suited for water-oriented recreational activities.
3. 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
21 provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).
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4. 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,
Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban
25 Runoff Management Program (JURMP) to avoid increased urban runoff,
pollutants, and soil erosion. No steep slopes or native vegetation is located on the
26 subject property and the site is not located in an area prone to landslides, or
susceptible to accelerated erosion, floods, or liquefaction.
-„ 5. 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
PC RESO NO. 6732 -2-
preparation of environmental documents pursuant to Section 15303(a)(construction of
2 one 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
3 Section 15300.2 of the state CEQA Guidelines do not apply to this project.
4 6. The project is consistent with the Citywide 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
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
7 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,
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a. The project has been conditioned to provide proof from the Carlsbad Unified School
10 District that the project has satisfied its obligation for school facilities.
11 b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
7. 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
14 Zone (Chapter 21.201 of the Zoning Ordinance).
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
the staff report dated December 1, 2010 including, but not limited to the following: The
17 project site has a General Plan Land Use designation of RLM (Residential 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 GMCP, 0.74
dwelling units would be permitted on this 0.23 acre (net developable) property. One
20 single-family dwelling unit is guaranteed pursuant to the following General Plan
provision: "Notwithstanding the density provisions and intent of each residential
21 land use designation, a one-family dwelling shall be permitted on any legal lot that
existed as of October 28, 2004." The subject lot was legally created prior to October
28, 2004; therefore development of a one-family dwelling is consistent with the RLM
~., General Plan Land Use designation.
24 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
25 to mitigate impacts caused by or reasonably related to this project, and the extent and the
degree of exaction is in rough proportionality to the impact caused by the project.
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Conditions:
2g Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the
issuance of a building permit or grading permit, whichever occurs first.
PC RESO NO. 6732 -3-
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
2 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
3 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
c 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
6 or a successor in interest by the City's approval of this Coastal Development Permit.
7 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.
9 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.
12 4. If any condition for construction of any public improvements or facilities, or the payment
13 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
14 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
all requirements of law.
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5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
17 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
in 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
20 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
21 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
survives until all legal proceedings have been concluded and continues even if the City's
23 approval is not validated.
24 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
25 body.
26 7. Developer shall include, as part of the plans submitted for any permit plancheck, a
27 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).28
PC RESO NO. 6732 -4-
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
2 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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9. This project shall comply with all conditions and mitigation measures which are required
4 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
5 10. 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
7 adequate water service and sewer facilities, respectively, are available to the project at the
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.
9 11. The applicant shall apply for and be issued building permits for this project within two
10 (2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
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12. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
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13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
14 #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
j^ 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
17 approval will not be consistent with the General Plan and shall become void.
18 14. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Q 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
20 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(n) Coastal
21 Development Permit by Resolution No. 6732 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
23 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
24 said notice upon a showing of good cause by the Developer or successor in interest.
25 15. Prior to the issuance of a grading permit or building permit, whichever occurs first,
?. a minor coastal development permit for the attached second dwelling unit must be
approved by the Planning Director.
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PCRESONO. 6732 -5-
16. If building permits are not issued within two years from when the previous residential
2 structure was demolished on May 5, 2010, at issuance of building permits the Developer
shall pay to the City an inclusionary housing impact fee as an individual fee on a per
3 market rate dwelling unit basis in the amount in effect at the time, as established by City
Council Resolution from time to time.4
c Engineering:
6 General
17. 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 engineer
for the proposed haul route.
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18. This project is approved upon the express condition that building permits will not be
10 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.
12 Fees/Agreements
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19. Developer shall cause property owner to execute and submit to the city engineer for
14 recordation the city's standard form Drainage Hold Harmless Agreement.
20. Developer shall cause property owner to enter into a Neighborhood Improvement
15 Agreement with the city on a city standard form for the future public improvement of
Buena Vista Way along the property frontage for a half street width of thirty-feet. Public
17 improvements shall include but are not limited to paving, base, sidewalks, curbs and
gutters, grading, undergrounding or relocation of utilities, and street lights.
1 o
Grading
20 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 required. Developer shall prepare and submit
21 plans and technical studies/reports, for city engineer review, and shall pay all applicable
grading plan review fees per the city's latest fee schedule.
23 22. Developer shall apply for and obtain a grading permit from the city engineer. Developer
shall pay all applicable grading permit fees per the city's latest fee schedule and shall post
24 security per City Code requirements.
23. 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
27 runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
28 devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable.
PCRESONO. 6732 -6-
24. Developer shall complete and submit to the city engineer a Project Threat Assessment
2 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
developer shall also submit the appropriate Tier level Storm Water Compliance form and
3 appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by
the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
25. Developer shall incorporate measures with this project to comply with Standard
6 Storm water Requirements per the city's Standard Urban Storm water Management Plan
(SUSMP). These measures include, but are not limited to: 1) reducing the use of new
7 impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to
discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash
enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer.
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Utilities
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26. 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
, ~ hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the district engineer.
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27. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
14 for connection to public facilities.
28. The developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the district engineer
and city engineer.
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Code Reminders:18
, q 29. The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
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Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
21 Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
Trips (ADT) and floor area contained in the staff report and shown on the site plan are for
planning purposes only.
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30. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as
24 required by Council Policy No. 17.
31. Prior to the issuance of a building permit, Developer shall pay the Local Facilities
Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
27 32. 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
28 permit issuance, except as otherwise specifically provided herein.
PC RESO NO. 6732 -7-
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33. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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 December 1, 2010, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
Chairperson Douglas, Commissioners Baker, Dominguez,
L'Heureux, Montgomery, Nygaard and Schumacher
. DOUGLAS, Ctetfperson
CARLSBAD PLANNING COMMISSION
DON NEU
Planning Director
PCRESONO. 6732 -8-