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HomeMy WebLinkAbout2011-05-04; Planning Commission; Resolution 67741 PLANNING COMMISSION RESOLUTION NO. 6774 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 10-20 TO ALLOW FOR THE 4 CONSTRUCTION OF A 2,328 SQUARE FOOT SINGLE 5 FAMILY RESIDENCE WITH ATTACHED THREE CAR GARAGE ON A 0.28-ACRE LOT LOCATED AT 964 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 8 8 CASE NO.: CDP 10-20 9 WHEREAS, Standard Pacific, "Owner/Developer," has filed a verified 10 application with the City of Carlsbad regarding property described as 12 That portion of Lot 8 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 16 Development Permit as shown on Exhibits "A" - "E" dated May 4, 2011, on file in the Planning 17 Department, ALYSSUM ROAD LOT 8 - CDP 10-20, as provided by Chapter 21.201.040 of18 j g the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on May 4, 2011, hold a duly noticed 2 * public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 24 relating to the CDP. £* 3 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 8 - CDP 10-20 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 5 lot designated as Residential Medium Density (RM), by the Mello I Land Use Plan. The proposed two-story dwelling unit will not obstruct views of the coastline as seen 7 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 n single-family dwelling unit 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 10 opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially-designated site is not suited for water-oriented 11 recreation activities. 19 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 13 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 14 site is not suited for water-oriented recreation activities. 15 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, j 7 Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, 18 pollutants, and soil erosion; no development is proposed in areas of steep natural slopes (> 25% gradient); no native vegetation is located on the subject property; 19 and, the site is not located in an area prone to landslides, or susceptible to _„ accelerated erosion, floods or liquefaction. 21 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 22 provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance).23 24 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 25 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection 26 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. 28 Specifically, PC RESO NO. 6774 -2- 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 9 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. 12 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 16 GMCP, 1.68 dwelling units would be permitted on this 0.28 acre (net developable) property. The proposed project is consistent with the policies and programs of the 17 General Plan. The 1 dwelling unit proposed is .68 dwelling units below the RM Growth Management yield of 1.68 dwelling units used for the purpose of calculating the City's compliance with Government Code Section 65863. However, consistent 19 with Program 3.8 of the City's certified Housing Element, all of the dwelling units which were anticipated toward achieving the City's share of the regional housing 20 need that are not utilized by developers in approved projects, including fractional units, are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling 21 units are available for allocation to other projects. Accordingly, there is no net loss ?9 of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including 23 second dwelling units, adequate to satisfy the City's share of the regional housing need. 24 9. The Planning Commission has reviewed each of the exactions imposed on the Developer 25 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 degree of exaction is in rough proportionality to the impact caused by the project. 27 28 ... PC RESO NO. 6774 -3- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of 3 building permits. 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 6 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 7 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 9 or a successor in interest by the City's approval of this Coastal Development Permit. 10 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. 12 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 14 regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment 16 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 17 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. 19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 21 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 23 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 24 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 26 approval is not validated. 27 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. 28 PC RESO NO. 6774 -4- 7.. Developer shall include, as part of the plans submitted for any permit plancheck, a 2 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 3 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 4 Local Facilities Management Plan and any amendments made to that 7 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 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. 11 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 13 basis in the amount in effect at the time, as amended by City Council Resolution from time to time. 14 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 Section 21.201.210 of the Zoning Ordinance. 17 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 18 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 Local Facilities Management Plan fee for Zone 4, pursuant to Chapter 21.90. All such 20 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. 21 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 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 24 Carlsbad has issued a Coastal Development Permit by Resolution No. 6774 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 ~f 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 27 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 28 PC RESO NO. 6774 -5- 15. Prior to the issuance of a building permit, the developer shall provide evidence that 2 interior noise levels will be mitigated to 45 dBA CNEL or less in compliance with California Code of Regulations (CCR), Title 24, Noise Insulation Standards. 3 Engineering: 4 r 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 6 permit. 7 General o 16. Prior to hauling dirt or construction materials to or from any proposed construction site 9 within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 10 Fees/Agreements 11 17. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 13 Grading/Stormwater 14 18. Developer shall complete and submit to the city engineer a Project Threat Assessment 1-* Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, , s developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by 17 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. 18 19. Developer is responsible to ensure that all final design plans (landscape plans, building plans, etc) incorporate all source control, site design, treatment control BMP measures, 20 and Low Impact Design (LID) facilities. 21 20. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan 22 (SUSMP). These measures include, but are not limited to: 1) reducing the use of new j-, 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 24 enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. 25 Dedications/Improvements 9' f\21. Developer shall design all proposed public improvements including but not limited 27 to (sewer laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains, etc.) as shown on the site plan. These improvements 28 shall be shown on one of the following, subject to city engineer approval: PC RESO NO. 6774 -6- A. Grading plans processed in conjunction with this project; or 2 B. Construction Revision to an existing record public improvement drawing. 3 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 right-of-way permit prior to performing work in the city right-of-way. 5 Utilities 6 22, Developer shall meet with the fire marshal to determine if fire protection measures (fire 7 flows, fire hydrant locations, building sprinklers) are required to serve the project. ° 23. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges q for connection to public facilities. 10 Code Reminders: 24. The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 13 25. 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 14 Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. 26. 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 17 permit issuance, except as otherwise specifically provided herein. 27. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 20 NOTICE 7 1 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 22 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 23 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 24 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 26 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 27 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 PC RESO NO. 6774 -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 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 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-Trl^ L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC-RESONO. 6774 -8-