Loading...
HomeMy WebLinkAbout2011-04-06; Planning Commission; Resolution 67701 PLANNING COMMISSION RESOLUTION NO. 6770 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CDP 10-27 TO CONSTRUCT A 4 393 SQ. FT. ADDITION TO AN EXISTING 984 SQ. FT ONE- 5 STORY SINGLE-FAMILY DWELLING UNIT, WHICH INCLUDES A FIRST STORY COVERED PORCH, A SECOND 6 STORY MASTER BEDROOM, BATHROOM AND SUNDECK, AS WELL AS AN ENCLOSED STAIRCASE AND ROOF DECK 7 ON A .08 ACRE LOT LOCATED AT 2677 GARFIELD STREET WITHIN THE MELLO II SEGMENT OF THE LOCAL 8 COASTAL PROGRAM AND WITHIN LOCAL FACILITIES 9 MANAGEMENT ZONE 1. CASE NAME: ROZEK RENOVATION 10 CASE NO.: CDP 10-27 WHEREAS, Sam Wright, "Developer," has filed a verified application with the 12 City of Carlsbad regarding property owned by Len and Gerry Rozek, "Owners," described as 13 Lot 88 of Granville Park No. 2 in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 2037 filed in the Office of the County Recorder of San Diego County, June 18,1927 (APN: 203-141-14-00) 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Coastal18 Development Permit as shown on Exhibits "A" - "H" dated April 6, 2011, on file in the 20 Planning Department, CDP 10-27 - ROZEK RENOVATION, as provided by Chapter 21 21.201.040 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on April 6, 2011, hold a duly noticed 23 public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CDP. 28 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 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES CDP 10-27 - ROZEK RENOVATION 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 5 Program and all applicable policies in that the development consists of an addition to a single family dwelling unit and at 12.5 du/ac, the development is consistent with the 7 Mello II Land Use designation of RMH as discussed in the staff report. The proposed second story master bedroom and bathroom, covered porch, sun deck, enclosed staircase and roof deck addition to an existing one-story home with an o attached 1-car garage is consistent with the surrounding development of one and two-story single-family structures, multi-family structures and Magee Community 10 Park. The proposed residential addition will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual 11 beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. The proposed addition to the single-family residence is not located in an area of known geologic instability or 13 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 14 residentially designated site is not suited for water-oriented recreation activities. 15 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 therefore the project will not interfere with the public's right to physical access to 17 the ocean and the site is not suited for water-oriented recreational activities. 18 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 19 provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 2j 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 22 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff 23 Management Program (JURMP) 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, 25 • floods, or liquefaction. 26 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 27 environment, and it is therefore categorically exempt from the requirement for the ?8 preparation of environmental documents pursuant to Section 15301(e)(l)(Additions to Existing Structures) of the state CEQA Guidelines. In making this determination, the PC RESO NO. 6770 -2- Planning Director has found that the exceptions listed in Section 15300.2 of the state 2 CEQA Guidelines do not apply to this project. 3 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 4 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 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 District that the project has satisfied its obligation for school facilities. 10 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. 11 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 Zone (Chapter 21.201 of the Zoning Ordinance). 14 8. 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 15 the staff report dated April 6, 2010 including, but not limited to the following: The project site has a General Plan Land Use designation of RMH (Residential Medium High Density). The RMH Land Use designation allows the development of single- 17 family residences at a density of 8-15 dwelling units per acre with a Growth Management Control Point (GMCP) of 11.5 dwelling units per acre. At the RMH 1 8 GMCP, .92 dwelling units would be permitted on this 0.08 acre (net developable) property. The project proposes an addition to an existing single-story one-family dwelling unit (without increasing the number of units) and pursuant to the following General Plan provision: "Notwithstanding the density provisions and intent of each residential land use designation, a one-family dwelling shall be 21 permitted on any legal lot that existed as of October 28, 2004." The subject lot was legally created prior to October 28, 2004; therefore the proposed addition to an 22 existing one-family dwelling is consistent with the RMH General Plan Land Use designation. 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. 26 Conditions; 27 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Building Permit Issuance. PC RESO NO. 6770 -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 ,- 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. 10 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. 16 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 19 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. 6770 -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. 3 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. 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. 11 12. 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 13 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 14 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 13. Prior to the issuance of the building permits, Developer shall submit to the City a Notice 17 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 Coastal Development Permit by Resolution No. 6770 on the property. Said Notice of Restriction shall note the property description, location of the 20 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 21 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 14. This approval is granted subject to the approval of AV 10-03 and is subject to all 24 conditions contained in the Planning Director approval letter for AV 10-03 - Rozek Renovation, dated March 1,2011 incorporated herein by reference.25 26 27 28 PC RESO NO. 6770 -5- Engineering: 2 General 3 15. Prior to hauling dirt or construction materials to or from any proposed construction site 4 within this project, developer shall apply for and obtain approval from, the city engineer c for the proposed haul route. 6 Fees and Agreements 7 16. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement.8 9 17. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the city on a city standard form for the future public improvement of 10 Garfield Street along the property frontage for a half street width of 30-feet. Public improvements shall include but are not limited to (paving, base, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of , 2 utilities, sewer, water, fire hydrants, street lights, pedestrian ramp, retaining walls and reclaimed water). 13 18. Prior to approval of any grading or building permits for this project, developer shall cause 14 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 16 Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer. 17 Grading18 jo 19. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include 20 but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and 21 educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to Stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify 23 prospective owners and tenants of the above requirements. 24 20. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and 26 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 27 applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 2° 21. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan PC RESO NO. 6770 -6- 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 (SUSMP). These measures include, but are not limited to: 1) reducing the use of new 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. 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 April 6, 2011, by the following vote, to wit: AYES: NOES: ABSENT: STEPHEN aHAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION DON NEU Planning Director PC RESO NO. 6770 -7-