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HomeMy WebLinkAbout2011-10-05; Planning Commission; Resolution 68091 PLANNING COMMISSION RESOLUTION NO. 6809 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE 4 CONSTRUCTION OF A NEW 2,924 SQUARE FOOT, TWO 5 STORY SINGLE FAMILY RESIDENCE WITH AN ATTACHED TWO CAR GARAGE ON AN UNDEVELOPED .14 ACRE LOT 6 LOCATED AT 160 JUNIPER AVENUE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND 7 WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: GUGLIELMO HOME 8 CASE NO.: CDP 11-11 9 WHEREAS, Paul & Sandra Guglielmo, "Developer/Owner," has filed a verified 10 application with the City of Carlsbad regarding property described as 12 Lot G, in block 2 of Palisades Heights re-filed, City of Carlsbad, County of San Diego, State of California, according 13 to map thereof no. 1777, filed in the office of the County Recorder of San Diego County January 11,1924 14 ("the Property"); and 15 WHEREAS, said verified application constitutes a request for a Coastal 17 Development Permit as shown on Exhibits "A"-"D" dated October 5, 2011, on file in the 18 Planning Department, GUGLIELMO HOME - CDP 11-11, as provided by Chapter 21.201.040 19 of the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on October 5, 2011, hold a duly 21 99 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 25 relating to the Coastal Development Permit. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES GUGLIELMO HOME - CDP 11-11 based on the following findings and subject to the following conditions: 3 Findings;4 . That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the development consists of the construction of a new single-family dwelling unit on an undeveloped lot is consistent with the Mello II Land Use Plan designation of RH. The proposed two-story, single-family 7 dwelling unit is compatible with the surrounding one and two-story single-family and multi-family structures. The two-story residential 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 agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. In addition, the 10 proposed 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 opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially-designated site is not suited for water- oriented recreation activities. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 14 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 the sea and the site is not suited for water-oriented recreational activities. 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay ,7 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 18 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil 19 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. 21 4. The project is not located between the sea and the first public road parallel to the sea, and 22 therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). 23 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 preparation of environmental documents pursuant to Section 15303(a) (construction of 26 one single-family residence in a residential zone) of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in 27 Section 15300.2 of the state CEQA Guidelines do not apply to this project. 78 6. 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 PC RESO NO. 6809 -2- provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning 2 Ordinance). 3 7. 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 5 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. 7 Specifically, o 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. ,~ 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 October 5, 2011 including, but not limited to the following: The project site has a Residential High Density (RH) General Plan Land Use 14 designation. The RH Land Use designation allows the development of two-family, multiple-family and one-family dwellings at a density of 15-23 dwelling units per acre with a Growth Management Control Point (GMCP) of 19 dwelling units per acre. The project has a density of 7.14 dwelling units per acre which is 7.86 dwelling units below the General Plan Land Use designation. At the RH GMCP, 17 2.66 dwelling units would be permitted on this 0.14 acre (net developable) property. However, one single-family dwelling unit is guaranteed pursuant to the following General Plan Land Use provision: "Notwithstanding the density provisions and intent of each residential 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 20 legally created prior to October 28, 2004; therefore development of a one-family dwelling is consistent with the RH General Plan Land Use designation. The one 21 dwelling unit proposed is 1.66 dwelling units below the RH Growth Management yield of 2.66 dwelling units used for the purpose of calculating the City's compliance with Government Code Section 65863 and 7.86 units below the lower range of the 23 General Plan Land Use designation. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units which were anticipated 24 toward achieving the City's share of the regional housing 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 units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element 27 allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the regional housing need. 28 PC RESO NO. 6809 -3- 9. The Planning Commission has reviewed each of the exactions imposed on the Developer 2 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 3 degree of exaction is in rough proportionality to the impact caused by the project. 4 Conditions; Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of building permits. 7 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 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 10 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. 13 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 14 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 development, different from this approval, shall require an amendment to this approval. 16 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 17 regulations in effect at the time of building permit issuance. 4. If any conditions for construction of any public improvements or facilities, or the . g 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 20 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 21 with all requirements of law. 22 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 23 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 24 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 ~s nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 27 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 28 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. PC RESO NO. 6809 -4- 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 2 the Site Plan 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 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 5 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 7 9. 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 Plan prior to the issuance of building permits. 10 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 1 „ 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. 13 11. The applicant shall apply for and be issued building permits for this project within two 14 (2) years of approval or this Coastal Development Permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 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 17 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 1, pursuant to Chapter 21.90. All such , g 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. 20 13. Prior to the issuance of building permits, the Developer shall pay to the City an 21 inclusionary housing impact fee 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 Resolution from time to time. 23 14. Prior to the issuance of the building permit, Developer shall submit to the City a Notice 24 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. 6809 on the property. Said Notice of Restriction shall note the property description, location of the 27 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 28 Planning Director has the authority to execute and record an amendment to the notice PC RESO NO. 6809 -5- which modifies or terminates said notice upon a showing of good cause by the Developer 2 or successor in interest. 3 Engineering; Note: Unless specifically stated in the condition, all of the following conditions, upon the r approval of this proposed development, must be met prior to approval of a building permit. 6 General 7 15. 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 9 for the proposed haul route. 10 16. This project is approved upon the express condition that building permits will not be 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. 13 Fees/Agreements 14 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. 18. Prior to approval of any grading or building permits for this project, developer shall cause owner to give written consent to the city engineer for the annexation of the area shown 17 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 Street Lighting and Landscaping District. Said written consent shall be on a form i o provided by the city engineer. 2Q 19. Prior to issuance of building permits, or grading permit, whichever occurs first, developer shall cause owner to execute, for recordation, a city standard Local Improvement District 21 Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and installation of street lights, as needed, along the subdivision frontage, should 22 a future district be formed. Grading 20. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for minor grading is required for this project. Developer shall prepare and submit a minor grading plan as part of the building plan check submittal 26 package. Developer shall submit technical studies/reports, as applicable, for city engineer review, and shall pay a minor grading plan review fee per the city's latest fee schedule. 27 21. Developer shall apply for and obtain a minor grading permit from the city engineer. 28 Developer shall pay all applicable grading permit fees per the city's latest fee schedule and shall post security per City Code requirements. PC RESO NO. 6809 -6- 22. Developer shall comply with the city's Storm water Regulations, latest version, and shall 2 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 3 runoff during construction, general housekeeping practices, pollution prevention and 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 prospective owners and tenants of the above requirements. 6 23. Developer shall complete and submit to the city engineer a Project Threat Assessment 7 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, 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 9 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. 10 24. Developer shall incorporate measures with this project to comply with Standard * Stormwater Requirements per the city's Standard Urban Stormwater Management Plan , ~ (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 13 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. 14 25. Developer shall design all proposed public improvements including but not limited to (sewer laterals, driveways, water services/meters, curb drains, etc.) as shown on the site plan. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 17 Utilities18 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 20 hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 21 27. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges 22 for connection to public facilities. 23 Code Reminders; 24 Note: The project is subject to all applicable provisions of local ordinances, including but not 25 limited to the following code requirements: 26 28. 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 planning purposes only. PC RESO NO. 6809 -7- 29. Approval of this request shall not excuse compliance with all applicable sections of the 2 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 3 30. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 4 Code Section 18.04.320. 31. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 7 NOTICE o Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 9 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 10 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 12 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 13 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 14 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, 15 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 17 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired.18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6809 -8- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on October 5, 2011, by the following vote, 3 to wit:4 c AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Scully, Schumacher and Siekmann 6 NOES: 7 ABSENT:o 9 ABSTAIN: 10 11 12 STEPHENVTH~AP" L'HEUREUX, Chairperson 13 CARLSBAD PLANNING COMMISSION 14 ATTEST:15 16 17 19 20 21 22 23 24 25 26 27 28 (Lx. DON NEU180 Planning Director PC RESO NO. 6809 -9-