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HomeMy WebLinkAbout2011-10-05; Planning Commission; Resolution 68131 PLANNING COMMISSION RESOLUTION NO. 6813 2 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 4 COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE 5 REMODEL OF AN EXISTING TWO-UNIT RESIDENTIAL 6 APARTMENT BUILDING ON A .33 ACRE OCEAN FRONT SITE LOCATED AT 3015 OCEAN STREET IN THE MELLO II 7 SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN 8 LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: 3015 OCEAN STREET ADDITION CASE NO: CDP 10-15 10 WHEREAS, Paul Longton, "Developer," has filed a verified application with the 12 City of Carlsbad regarding property owned by Evergreen Hebron, LP, "Owner," described as 13 14 The Southeasterly 58 feet of the following described property: that portion of Town of Carlsbad, in the City of Carlsbad, in the County of San Diego, State of California, according to Map 16 thereof No. 365, filed in the office of the County Recorder of 17 San Diego County on February 2, 1887, and that portion of Ocean Street as shown on said Map, as closed to public use, ° described as follows: beginning at the intersection of the 19 Southwesterly prolongation of the Northwesterly line of Block 2Q 1 of said Town of Carlsbad, with the Southwesterly line of State Highway Division VII, Route 2, Section "B", Sheet 18, approved October 17, 1912, as per map on file in the office of 22 the County Surveyor of San Diego County; thence along said Southwesterly line, South 30° 56'20" East 100.2 feet; thence South 55° 27' West to the ocean mean high tide line; thence 24 Northwesterly along said mean high tide line to an intersection 25 with the Southwesterly prolongation of the Northwesterly line of Block 14 of said Town of Carlsbad; thence Northeasterly along said prolongation to the point of beginning. 27 28 EXCEPTING therefrom that portion, if any, lying between the Westerly line of State Highway, Division VII, Route 2, Section "B", Sheet 18, approved October 17, 1912 and the Westerly line of Ocean Street as shown on said Map No. 365. ALSO EXCEPTING therefrom that portion thereof described in deed to Millard Haymore et ux, and recorded April 16,1953 in book 4823, page 377 of Official Records, described as follows: the Northeasterly 24 feet of the Southeasterly 2 feet of the following described property: that portion of Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 365 filed in the office of the County Recorder of San Diego County on February 2, 1887, and that portion of Ocean Street as shown on said Map, as closed to public use, described as follows: 2 beginning at the intersection of the Southwesterly prolongation 3 of the Northwesterly line of Block 14 of said Town of Carlsbad with the Southwesterly line of State Highway Division VII, 4 Route 2, Section "B", Sheet 18, approved October 17, 1912, as 5 per map on file in the office of the County Surveyor of San Diego County; thence along said Southwesterly line, South 30° 56'20" East 100.2 feet; thence South 55° 27' West to the • ocean mean high tide line; thence Northwesterly along said 8 mean high tide line to an intersection with the Southwesterly prolongation of the Northwesterly line of Block 14 of said Town of Carlsbad; thence Northeasterly along said prolongation to the point of beginning. 11 EXCEPTING therefrom that portion, if any, lying between the Westerly line of State Highway, Division VII, Route 2, Section 13 "B", Sheet 18, approved October 17, 1912 and the Westerly 14 line of Ocean Street as shown on said Map No. 365. 15 ("the Property"); and 16 ' 17 WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits "A" - "K" dated October 5, 2011, attached hereto 19 2Q and on file in the Carlsbad Planning Department, 3015 OCEAN STREET ADDITION - CDP 21 10-15, as provided in Chapter 21.210.040 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on October 5, 2011, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony26 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the Coastal Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES 3015 OCEAN STREET ADDITION - CDP 10-15, based on the following findings and subject to the following conditions: PCRESONO. 6813 -2- Findings: 2 3 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project consists of remodeling an existing two-unit residential apartment building on a previously graded and 5 developed lot; no agricultural activities, geological instability, flood hazard, or coastal access opportunities exist onsite and the development does not obstruct views of the coastline as seen from public lands or Ocean Street or otherwise ' damage the visual beauty of the coastal zone. The subject site has an LCP Land Use 8 Plan designation of RH (Residential High), which allows for a density of 15 - 23 q du/acre and 19 dwelling units per acre at the Growth Management Control Point (GMCP). The project density of 16.66 du/ac is consistent with the RH General Plan 10 Land Use designation as discussed in the staff report. Therefore the project is I consistent with the Mello II Segment of the LCP. • 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 13 of the Coastal Act in that while the property is located adjacent to the shore, the project will not interfere with the public's right to physical access as there are vertical shore line public access points in close proximity to the north and south of the project site. The project has been conditioned to dedicate a lateral beach access 16 easement for a minimum of 25 feet of dry sandy beach at all times of the year to the . _, California Coastal Commission or their designee as agreed to with the California Coastal Commission. 18 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 20 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard 21 Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff 22 Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. The site is not located in an area prone to landslides, or susceptible to 23 accelerated erosion, floods, or liquefaction. The existing slopes do not support any 24 endangered plant/animal species and/or coastal sage scrub, chaparral plant communities, or native vegetation. 26 4. That the Planning Director has determined that the project belongs to a class of projects 27 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 2° preparation of environmental documents pursuant to Section 15301(e)(l) Additions to Existing Structures (Class 1) Categorical Exemption 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. 5. This 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 provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 6. 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 PCRESONO. 6813 -3- 3 ,,Conditions: 4 " 5 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 7 building permit. 8 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 10 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 13 14 or a successor in interest by the City's approval of this Coastal Development Permit. 16 I and modifications to the Coastal Development Permit documents, as necessary to make1 / 18 1.9 21 24 25 26 28 22 4. If any condition 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 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. General 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 Staff is authorized and directed to make, or require the Developer to make, all corrections 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. 20 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. 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 unless the City Council determines that the project without the condition complies with all requirements of law. 27 .. 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 arid all liabilities, losses, damages, demands, claims 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 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 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 approval is not validated. PCRESONO. 6813 -4- 7. 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 8. 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 5 format (including any applicable Coastal Commission approvals). 6 9. Prior to the issuance of a building permit, the Developer shall provide proof to the ' Director from the Carlsbad Unified School District that this project has satisfied its 8 obligation to provide school facilities. 9 10. This project shall comply with all conditions and mitigation measures which are required 10 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 12 11 This approval is granted subject to the approval of SDP 11-03 and V 11-02 and is subject 13 to all conditions contained in Planning Commission Resolutions No. 6812 and 6814 for 14 those other approvals incorporated herein by reference. 12. This approval shall become null and void if building permits are not issued for this 16 project within 24 months from the date of project approval. 17 13. 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 19 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. 6813 on the 21 property. Said Notice of Restriction shall note the property description, location of the 22 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 and record an amendment to the notice 24 which modifies or terminates said notice upon a showing of good cause by the Developer 25 or successor in interest. 26 14. Building permits will not be issued for this project unless the local agency providing 27 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 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. 15. Prior to the issuance of a building permit, the applicant shall comply with the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance) and dedicate a lateral access easement for a minimum of 25 feet of dry sandy beach at all times of the year to the California Coastal Commission or their designee as agreed to with the California Coastal Commission. PCRESONO. 6813 -5- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 3 Commission of the City of Carlsbad, California, held on October 5, 2011, by the following vote, 4 to wit: 5 AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Scully, Schumacher and Siekmann 7 8 NOES 9 ABSENT: 10 ABSTAIN: 12 13 14 15 16 STEPHENX"HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION 18 19 ATTEST: 20 21 22 DON NEU Planning Director Z* J 24 25 26 27 28 PCRESONO. 6813 -6-