HomeMy WebLinkAbout2011-05-04; Planning Commission; Resolution 67731 PLANNING COMMISSION RESOLUTION NO. 6773
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 10-19 TO ALLOW FOR THE
4 CONSTRUCTION OF A 2,328 SQUARE FOOT SINGLE
5 FAMILY RESIDENCE WITH ATTACHED THREE CAR
GARAGE ON A 0.15-ACRE LOT LOCATED AT 957
6 ALYSSUM ROAD, WITHIN THE MELLO I SEGMENT OF
THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
7 MANAGEMENT ZONE 4.
CASE NAME: ALYSSUM ROAD LOT 9
8 CASE NO.: CDP 10-19
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WHEREAS, Standard Pacific, "Owner/Developer," has filed a verified
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application with the City of Carlsbad regarding property described as
j 2 That portion of Lot 9 of Carlsbad Tract No. 83-2, in the City of
Carlsbad, County of San Diego, State of California as shown in
13 Map No. 10815
14 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal
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Development Permit as shown on Exhibits "A" - "E" dated May 4, 2011, on file in the Planning
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Department, ALYSSUM ROAD LOT 9 - CDP 10-19, as provided by Chapter 21.201.040 of
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in the Carlsbad Municipal Code; and
20 WHEREAS, the Planning Commission did, on May 4, 2011, hold a duly noticed
21 public hearing as prescribed by law to consider said request; and
22 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.
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26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
27 Commission of the City of Carlsbad as follows:
2° A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES ALYSSUM ROAD LOT 9 - CDP 10-19 based on the following
findings and subject to the following conditions:
3 Findings:
4 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 2,328 square-foot single-family residence with attached three car garage on a
6 lot designated as Residential Medium Density (RM), by the Mello I Land Use Plan.
The proposed two-story home will not obstruct views of the coastline as seen from
7 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 single-family
o 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 opportunities for
10 coastal shoreline access are available from the subject site. Furthermore, the
residentially-designated site is not suited for water-oriented recreation activities.
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2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the site is not located adjacent to the shore. Therefore, the
13 project will not interfere with the public's right to physical access to the sea and the
site is not suited for water-oriented recreation activities.
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3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
15 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
17 Runoff Management Program (JURMP) to avoid increased urban runoff,
pollutants, and soil erosion; no development is proposed in areas of steep slopes (>
18 25% gradient); no 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,
19 floods or liquefaction.
20 4. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
21 of the Land Use Plan, certified September 1990, and therefore, is not subject to the
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
22 Ordinance).
23 5. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 4 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
25 provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
26 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.
27 Specifically,
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a. The project has been conditioned to provide proof from the Carlsbad Unified School
2 District that the project has satisfied its obligation for school facilities.
3 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.4
,- 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
6 Zone (Chapter 21.201 of the Zoning Ordinance).
7 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
o preparation of environmental documents pursuant to Section 15303(a) (construction of a
single-family residence) of the state CEQA Guidelines. In making this determination,
10 the Planning Director has found that the exceptions listed in Section 15300.2 of the state
CEQA Guidelines do not apply to this project.
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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
13 the staff report dated May 4, 2011 including, but not limited to the following: The
project site has a General Plan Land Use designation of RM (Residential Medium
14 Density). The RM Land Use designation allows development of single-family
dwelling units at a density of 4-8 dwelling units per acre with a Growth
Management Control Point (GMCP) of 6 dwelling units per acre. At the RM
1^ GMCP, 0.90 dwelling units would be permitted on this 0.15 acre (net developable)
property. One single-family dwelling unit is guaranteed pursuant to the following
17 General Plan provision: "Notwithstanding the density provisions and intent of each
residential land use designation, a one-family dwelling shall be permitted on any
18 legal lot that existed as of October 28, 2004." The subject lot was legally created
. Q prior to October 28, 2004; therefore development of a one-family dwelling is
consistent with the RM General Plan Land Use designation.
20 9. The Planning Commission has reviewed each of the exactions imposed on the Developer
21 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
22 degree of exaction is in rough proportionality to the impact caused by the project.
23 Conditions;
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
25 building permits.
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
27 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
28 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
PC RESO NO. 6773 -3-
issued under the authority of approvals herein granted; record a notice of violation on the
9 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
3 or a successor in interest by the City's approval of this Coastal Development Permit.
4 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
r 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.
6 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.
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4. If any condition for construction of any public improvements or facilities, or the payment
10 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
66020. If any such condition is determined to be invalid, this approval shall be invalid
j2 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
14 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
15 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
17 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
jo 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
20 approval is not validated.
21 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
~~ the Site Plan reflecting the conditions approved by the final decision-making body.
23 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
24 format (including any applicable Coastal Commission approvals).
25 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
25 Director from the 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
28 as part of the Zone 4 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
PC RESO NO. 6773 -4-
10. Building permits will not be issued for this project unless the local agency providing
2 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
3 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.
<- 11. Prior to the 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
6 basis in the amount in effect at the time, as amended by City Council Resolution from
time to time.
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12. 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
9 Section 21.201.210 of the Zoning Ordinance.
10 13. 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
11 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
,2 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 4, pursuant to Chapter 21.90. All such
13 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.
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14. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction executed by the owner of the real property to be developed. Said notice is
16 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
17 Carlsbad has issued a Coastal Development Permit by Resolution No. 6773 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
jo conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
20 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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22 Engineering:
23 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 building
24 permit.
25 General
26 15. Prior to hauling dirt or construction materials to or from any proposed construction site
27 within this project, developer shall apply for and obtain approval from, the city engineer
for the proposed haul route.
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Fees/Agreements
2 16. Developer shall cause property owner to execute and submit to the city engineer for
3 recordation the city's standard form Drainage Hold Harmless Agreement.
^ Grading/Stormwater
17. Developer shall complete and submit to the city engineer a Project Threat Assessment
6 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
developer shall also submit the appropriate Tier level Storm Water Compliance form and
7 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.
9 18. Developer is responsible to ensure that all final design plans (landscape plans, building
10 plans, etc) incorporate all source control, site design, treatment control BMP measures,
and Low Impact Design (LID) facilities.
,~ 19. Developer shall incorporate measures with this project to comply with Standard
Stormwater Requirements per the city's Standard Urban Stormwater Management Plan
13 (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
14 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.
16 Dedications/Improvements
17 20. Developer shall design all proposed public improvements including but not limited
to (sewer laterals, streetlights, pedestrian ramps, driveways, sidewalk, water
services/meters, curb drains, etc.) as shown on the site plan. These improvements
i Q shall be shown on one of the following, subject to city engineer approval:
20 A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing.
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Developer shall pay plan check and inspection fees using improvement valuations in
accordance with the city's current fee schedule. Developer shall apply for and obtain a
23 right-of-way permit prior to performing work in the city right-of-way.
24 Utilities
25 21. 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.
27 22. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
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Code Reminders;
23. The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
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3 limited to the following:
24. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
<- 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
6 planning purposes only.
7 25. 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
permit issuance, except as otherwise specifically provided herein.
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26. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
10 Code Section 18.04.320.
NOTICE
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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."
15 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
16 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
i o annul their imposition.
19 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
22 expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on May 4, 2011, by the following vote, to
wit:
AYES:
NOES:
Chairperson L'Heureux, Commissioners Black, Dominguez,
Nygaard, Schumacher, and Siekmann
ABSENT: Commissioner Montgomery
ABSTAIN:
STEPHEN"SHAP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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