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HomeMy WebLinkAbout2011-03-16; Planning Commission; Resolution 67661 PLANNING COMMISSION RESOLUTION NO. 6766 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 10-28 TO SUBDIVIDE ONE 4 PARCEL, 0.82 ACRES IN SIZE, INTO THREE SINGLE- 5 FAMILY LOTS, INCLUDING TWO ADJOINING PANHANDLE LOTS, GENERALLY LOCATED ON THE SOUTH SIDE OF 6 MAGNOLIA DRIVE, EAST OF YVETTE WAY AND WEST OF HIGHLAND DRIVE, WITHIN THE MELLO II SEGMENT OF 7 THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: 1369 MAGNOLIA AVENUE PARCEL MAP 9 CASE NO.: CDP 10-28 10 WHEREAS, Santa Rita Investment Company, "Developer" and "Owner," has filed a verified application with the City of Carlsbad regarding property described as 12 That portion of Tract 241 of the Thum lands, in the City of 13 Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of the County 14 Recorder of San Diego County, December 9,1915, 15 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Coastal 17 Development Permit as shown on Exhibits "A" - "J" dated March 16, 2011, on file in the18 19 Planning Department, 1369 MAGNOLIA AVENUE PARCEL MAP, as provided by Chapter 20 21.201.040 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on March 16, 2011, hold a duly 22 noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 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 ^° Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 I B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES 1369 MAGNOLIA AVENUE PARCEL MAP - CDP 10-28 based on the following findings and subject to the following conditions: 4 c Findings: 6 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project proposes to subdivide one lot 7 into three parcels in a developed area designated for single family development. The subject site has an LCP Land Use designation of RLM (Residential Low- Medium Density, 0-4.0 dwelling units per acre), which allows for 3.2 dwelling units 9 per acre (du/ac) at the Growth Management Control Point. The project site has a net developable acreage of 0.82 acres. The project's proposed density of 3.65 du/ac 10 is within the RLM density range of 0-4 du/ac; however, it is slightly above the RLM GMCP of 3.2 du/ac. At the GMCP, 2.62 dwelling units would be permitted on this 0.82-acre (net developable) property. 12 Although the project exceeds the GMCP for the RLM General Plan Land Use 13 designation by a fractional unit allocation of 0.38 dwelling units, the General Plan Land Use Element allows the City to approve residential development at a density 14 that exceeds the GMCP for the applicable density range provided the proposed residential development complies with certain findings: 1) that the project will provide sufficient additional public facilities for the density in excess of the control 16 point to ensure that the adequacy of the City's public facilities plans will not be adversely impacted; 2) that there have been sufficient developments approved in the 17 quadrant at densities below the control point so that the approval will not result in exceeding the quadrant limit; and, 3) all necessary public facilities required by the City's Growth Management Program will be constructed, or are guaranteed to be j g constructed, concurrently with the need for them created by this development and in compliance with the adopted City standards. The proposed project is consistent 20 with the above required findings in that there have been sufficient developments in the northwest quadrant that have developed at densities below the GMCP such that 21 the allocation of 0.38 dwelling units would not result in exceeding the quadrant __ limit. In addition, the project is conditioned to pay the appropriate fees to comply with the City's Growth Management Program, and the City's public facilities plans 23 will not be adversely impacted as the allocation of 0.38 units has already been analyzed and anticipated within the northwest quadrant. 24 As no structures are proposed, the proposed subdivision does not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise 2g 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, 27 the property is not located in an area of known geologic instability or flood hazard. 28 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 coastline; PC RESO NO. 6766 -2- therefore, no public opportunities for coastal shoreline access are available from the 2 subject site nor is the site suited for water-oriented recreation activities. 3 3. 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 4 Zone (Chapter 21.201 of the Zoning Ordinance). 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 7 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURJVIP) to avoid increased urban runoff, pollutants, and soil ° 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, floods, or liquefaction. 10 5. 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 13 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 14 project will be installed to serve new development prior to or concurrent with need. Specifically, i /- a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. 17 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. 19 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be 20 collected prior to the issuance of building permit. 21 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 22 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 24 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15315, Minor Land 25 Divisions, 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. 27 8. The Planning Commission has reviewed each of the exactions imposed on the Developer 28 contained in this resolution, and hereby finds, in this case, that the exactions are imposed PC RESO NO. 6766 -3- to mitigate impacts caused by or reasonably related to this project, and the extent and the 2 degree of exaction is in rough proportionality to the impact caused by the project. 3 Conditions: 4 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the Final Map. 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 7 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 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 or a successor in interest by the City's approval of this Coastal Development Permit. 11 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 13 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 14 development, different from this approval, shall require an amendment to this approval. 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. 17 4. If any conditions 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 . Q 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 20 with all requirements of law. 21 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 23 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, 24 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, ~r 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 27 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 28 PC RESO NO. 6766 -4- 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 2 the Minor Subdivision 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 4 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing r format (including any applicable Coastal Commission approvals). 6 8. 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. Q 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. A note to this effect shall be placed on the Final Map. 12 10. Prior to recordation of the Final Map, the Developer shall pay to the City an inclusionary 13 housing in-lieu fee for two dwelling units as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as amended by City Council 1 4 Resolution from time to time. 11. This approval is granted for CDP 10-28 as shown on Exhibits "A" -"J" dated March 16, 16 2011, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these 17 conditions. 18 12. This approval is granted subject to the approval of PCD 10-02 and is subject to all 19 conditions contained in Planning Commission Resolution No. 6765 for those other approvals incorporated herein by reference and the approval letter for MS 10-04 signed 20 by the City of Carlsbad City Engineer. 13. This approval shall become null and void if a Final Map is not recorded for this 22 project within three (3) years from the date of approval of MS 10-04. 23 14. Prior to recordation of the final map, a revised concept landscape and irrigation plan shall be submitted and approved by the Planning Director which identifies the 24 extension of the landscaping along the western property line to southern property 25 line' 26 15. Prior to final sign-off of the grading permit, the Developer shall install landscaping and irrigation pursuant to the revised concept landscape plan to the satisfaction of 27 the Planning Director. 28 PC RESO NO. 6766 -5- 16. The combination retaining wall/above-grade wall along the western property line 2 shall have a decorative cap and finish (i.e., split-face), to the satisfaction of the Planning Director. 3 17. Prior to the recordation of the Final Map, 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 of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Planning Commission Determination and Coastal Development Permit by Resolutions No. 6765 and 6766 on the properly. 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 9 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. 10 1 ,. Zoning Ordinance and all other applicable City ordinances in effect at time of building 18. An automatic fire sprinkler system will be required for all future single-family homes. 13 Code Reminders; 19. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in ef permit issuance, except as otherwise specifically provided herein. 16 20. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 17 Code Section 18.04.320. 1 8 21. Developer shall report, in writing, to the Planning Director within 30 days, any address jc> change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. 20 22. 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. 23 23. Each panhandle lot shall provide three non-tandem parking spaces with an approach not less than twenty-four feet in length with proper turnaround space to permit complete 24 turnaround for forward access to the street. The parking and access arrangement shall be designed to the satisfaction of the city engineer. 24. Structures permitted in the access portion of the panhandle lots shall be limited to mailboxes, fences, trash enclosures, landscape containers and nameplates. Except for 27 mailboxes, the structures shall not be greater than forty-two inches in height if located within twenty feet of the street property, line or greater than six feet in height beyond this 28 point. PC RESO NO. 6766 -6- 1 Fees 2 25. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as 3 required by Chapter 20.44 of the Carlsbad Municipal Code. 26. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 27. 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. 7 8 NOTICE 9 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 10 "fees/exactions." 11 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 12 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 1 . follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 15 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 16 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. 19" 20 21 22 23 24 25 26 27 28 PC RESO NO. 6766 -7- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on March 16, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson L'Heureux, Commissioners Black, Dominguez, Montgomery, Nygaard, Schumacher and Siekmann STEPHErT'TiAP" L'HEljREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6766 -8-