HomeMy WebLinkAbout2012-01-04; Planning Commission; Resolution 6854^ PLANNING COMMISSION RESOLUTION NO. 6854
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT CDP U-18 TO ALLOW
4 FOR THE CONSTRUCTION OF A NEW 2,035 SQUARE
FOOT, TWO-STORY SINGLE FAMILY RESIDENCE WITH
5 AN ATTACHED THREE-CAR GARAGE ON A 0.33 ACRE
LOT LOCATED AT 3798 HIGHLAND DRIVE WITHIN THE
MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM
7 AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: PALENSCAR RESIDENCE
CASE NO.: CDP 11-18
9 WHEREAS, Thomas, James, and Bonnie Palenscar, "Developer/Owners," has
1^ filed a verified application with the City of Carlsbad regarding property described as
Parcel 1 of a three lot minor subdivision, on file in the
12 Engineering Department, "Palenscar Subdivision" - MS 08-04
13 ("the Property"); and
14 WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits "A" - "E" dated January 4, 2012, on file in the
Planning Division, PALENSCAR RESIDENCE - CDP 11-18, as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on January 4, 2012, hold a duly
noticed public hearing as prescribed by law to consider said request; and
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21 WHEREAS, at said public hearing, upon hearing and considering al! testimony
22 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
23 relating to the CDP.
24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
28 APPROVES PALENSCAR RESIDENCE - CDP 11-18 based on the following
findings and subject to the following conditions:
1 Findings:
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2 1. 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 2,035 square foot two-story, single family dwelling unit with an attached
4 three-car garage at a density of 3.03 du/acre and the development is consistent with
the Mello II Land Use Plan designation of RLM (0-4 du/acre). The proposed two-
5 story, single-family dwelling unit is compatible with the surrounding one and two-
story single-family structures and middle school. The two-story residence will not
6 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. The proposed single-family residence is not located in an area of known
geologic instability or flood hazard. The site is not in close proximity to the coast
9 and therefore no public opportunities for coastal shoreline access are available from
the subject site. The residentially designated site is not suited for water-oriented
10 recreation activities.
11 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
12 therefore the project will not interfere with the public's right to physical access to
^ ^ the ocean 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
Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
15 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
16 Managemenl Program (JURMP) to avoid increased urban runoff, pollutants, and soil
erosion. No natural steep slopes or native vegetation is located on the subject property
17 and the site is not located in an area prone to landslides, or susceptible to accelerated
erosion, floods, or liquefaction.
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19 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
2Q Zone (Chapter 21.204 of the Zoning Ordinance).
21 5. That the City Planner 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
22 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303(a) (construction of a
23 single-family residence in a residential zone) of the state CEQA Guidelines. In making
this determination, the City Plaimer has found that the exceptions listed in Section
24 15300.2 of the state CEQA Guidelines do not apply to this project.
6. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
2^ 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
27 Ordinance).
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1 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
^ 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
4 facilities; libraries; govemment administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
5 Specifically,
6 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.
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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
10 conformance with the Elements of the City's General Plan based on the facts set forth in
the staff report dated January 4, 2012 including, but not limited to the following: The
11 project site has a General Plan Land Use designation of RLM (Residential Low-
Medium Density). The RLM Land Use designation allows the development of one-
family dwellings at a density of 0-4 dwelling units per acre with a Growth
Management Control Point (GMCP) of 3.2 dwelling units per acre. At the RLM
GMCP, 1.06 dwelling units would be permitted on this 0.33 acre (net developable)
14 property. The one dwelling unit proposed at a density of 3.03 du/acre is 0.06
dwelling units below the RLM Growth Management yield of 1.06 dwelling units
15 used for the purpose of calculating the City's compliance with Government Code
Section 65863. However, consistent with Program 3.2 of the City's certified Housing
1^ Element, all of the dwelling units which were anticipated 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
I g 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
19 adequate properties identified in the Housing Element allowing residential
development with a unit capacity, including second dwelling units, adequate to
20 satisfy the City's share ofthe regional housing need.
21 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
to mitigate impacts caused by or reasonably related to this project, and the extent and the
2-^ degree of exaction is in rough proportionality to the impact caused by the project.
24 Conditions:
25 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permits.
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I. 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
2g implemented and maintained according to their terms, the City shall have the right to
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I 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
4 or a successor in interest by the City's approval of this Coastal Development Permit.
5 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
6 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. 7
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
9 regulations in effect at the time of building permit issuance.
10 4. If any conditions 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
11 Project are challenged, this approval shall be suspended as provided in Govemment 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
J 2 with all requirements of law.
14 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
15 representatives, from and against any and all liabilifies, losses, damages, demands, claims
and costs, including court costs and attomey's fees incurred by the City arising, directly
1^ or indirectly, from (a) City's approval and issuance of this Coastal Development
Permit, (b) City's approval or issuance of any pennit 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
19 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 City Planner a reproducible 24" x 36" mylar copy of the
22 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
Director from the Carlsbad Unified School District that this project has satisfied its
26 obligation to provide school facilities.
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1 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
2 that Plan prior to the issuance of building permits.
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10. Building permits will not be issued for this project unless the local agency providing
4 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
5 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.
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11. 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.
9 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new constmction imposed by Carlsbad Municipal Code Section
10 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
11 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.
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13. Prior to the issuance of building permits, the Developer shall pay to the City an
14 inclusionary housing in-lieu 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
15 time to time.
16 14. Prior to the issuance of the building permits, 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 City
Plaimer, notifying all interested parties and successors in interest that the City of Carlsbad
has issued a Coastal Development Permit by Resolution No. 6854 on the property. Said
19 Notice of Restriction shal! note the property description, location of the file containing
complete project details and all conditions of approval as well as any conditions or
20 restrictions specified for inclusion in the Notice of Restriction. The City Planner has the
authority to execute and record an amendment to the notice which modifies or terminates
21 said notice upon a showing of good cause by the Developer or successor in interest.
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Engineering: 22
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Note: Unless specifically stated in the condition, all of the following conditions, upon the
24 approval of this proposed development, must be met prior to approval of a building permit.
25 General
15. Developer shall comply with all applicable conditions for Minor Subdivision No. MS
2y 08-04 dated August 3,2010 and CDP 08-15.
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1 16. Developer shall complete and submit to the City Engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
2 Developer shall also submit the appropriate Tier level Storm Water Compliance form and
^ Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the
completed PTAF all to the satisfaction of the City Engineer.
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17, Developer shall incorporate Low Impact Development (LID) design techniques, on all
5 final design plans submitted to the City, to reduce the amount of run-off by mimicking
the natural hydrologic function of the site by preserving natural open-spaces and natural
6 drainage chaimels, minimizing impervious surfaces, promoting infiltration and
evaporation of mn-off before mn-off leaves the site. Developer shall incorporate LID
techniques using current Coimty of San Diego Low Impact Development Handbook
g (Stormwater Management Strategies). LID techniques include, but are not limited to;
vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
9 volume, peak flow rate, velocity and pollutants.
10 Code Reminders:
11 Note: The project is subject to all applicable provisions of local ordinances, including but not
j2 limited to the following code requirements:
18. 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
14 permit issuance, except as otherwise specifically provided herein.
15 19. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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20. Prior to the issuance of a building permit. Developer shall pay a Public Facility fee as
required by Council Policy No. 17.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees,
20 dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions.'
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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 Govemment Code Section
2"^ 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
24 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
26 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
27 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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, Califomia, held on January 4, 2012, by the following vote,
to wit;
AYES:
NOES:
Chairperson Schumacher, Commissioners Black, L'Heureux,
Nygaard, Scully and Siekmarm
ABSENT: Commissioner Amold
ABSTAIN:
MICHAEL SCHUMACHER, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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