HomeMy WebLinkAbout2012-01-18; Planning Commission; Resolution 68565
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WHEREAS, Joseph Esposito, "Developer," has filed a verified application with
^ PLANNING COMMISSION RESOLUTION NO. 6856
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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 5,379 SQUARE FOOT, TWO
STORY SINGLE FAMILY RESIDENCE WITH AN ATTACHED
651 SQUARE FOOT THREE CAR GARAGE ON AN
6 UNDEVELOPED .19 ACRE LOT LOCATED ON THE SOUTH
SIDE OF TRITON STREET WEST OF BLACK RAIL ROAD
7 WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 20.
9 CASE NAME: ESPOSITO RESIDENCE
CASE NO.: CDP 11-17
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12 the City of Carlsbad regarding property owned by San Diego Design & Development Services
13 LLC. "Owner," described as
14 Parcel 1 of Parcel Map No. 20880, in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof filed in the Office of the County Recorder of San Diego
16 County, April 26, 2011
17 ("the Property"); and
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22 of the Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did, on January 18, 2012, hold a duly
24 noficed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Coastal Development Permit.
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits "A" - "L" dated January 18, 2012, on file in the
Planning Division, ESPOSITO RESIDENCE - CDP 11-17, as provided by Chapter 21.201.040
^ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows;
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES ESPOSITO RESIDENCE - CDP 11-17 based on the following
6 findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Coastal
9 Program and all applicable policies in that the development consists ofthe construction
of a new single-family dwelling unit on an undeveloped lot is consistent with the
10 Mello II Land Use Plan designation of RLM. The proposed two-story, single-family
dwelling unit is compatible with the surrounding one and two-story single-family
11 structures. The two-story residence 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
13 there any sensitive resources located on the property. In addition, the proposed
single-family dwelling unit is not located in an area of known geologic instability or
14 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.
1^ Furthermore, the residentially-designated site is not suited for water-oriented
lg recreation activities.
17 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
18 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.
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2Q 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
21 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
22 Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
erosion. No steep slopes or native vegetation is located on the subject properly and the
site is not located in an area prone to landslides, or susceptible to accelerated erosion,
24 fioods, or liquefaction.
25 4. 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 ofthe Coastal Shoreline Development Overlay
26 Zone (Chapter 21.204 of the Zoning Ordinance).
27 5. That the City Planner has determined that the project belongs to a class of projects that
2g the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt fi-om the requirement for the
preparation of environmental documents pursuant to Section 15303(a) (construction of
PC RESO NO. 6856 -2-
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a. The project has been conditioned to provide proof fi-om the Carlsbad Unified School
District that the project has safisfied its obligation for school facilities.
^ one single-family residence in a residential zone) of the state CEQA Guidelines. In
2 making this determination, the City Planner has found that the exceptions listed in
Secfion 15300.2 of the state CEQA Guidelines do not apply to this project.
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The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
4 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).
^ " The project is consistent with the Citywide Facilities and Improvements Plan, the Local
7 Facilities Management Plan for Zone 20, and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide fianding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; govemment administrative facilities; and open space, related to the
10 project will be installed to serve new development prior to or concurrent with need.
Specifically,
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b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
14 collected prior to the issuance of building permit.
1^ 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
the staff report dated January 18, 2012 including, but not limited to the following: The
17 project site has a Residential Low-Medium Density (RLM) General Plan Land Use
designation. The RLM Land Use designation allows the development of one-family
18 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. The project's density was
previously evaluated at the subdivision level (Rhodes Minor Subdivision - MS 08-
20 02/CDP 08-06) to have a density of 4.67 dwelling units per acre which is above the
maximum range of the General Plan Land Use designation. However, there is a
21 provision within the Land Use Element of the Carlsbad General Plan which
specifies, "There are exceptional cases where the base zone is consistent with the
land use designation but would permit a slightly higher yield than that
2^ recommended in the low and low-medium density residential classifications. In
those exceptional cases, the City may find that the project is consistent with this
24 element if: a) the project is compatible with the objectives, policies, general land
uses and programs expressed herein, b) all of the necessary infrastructure is in place
25 to support the project, and c) the proposed density does not exceed the maximum
density allowed at the top of the range by more than an additional 25yo." The two
lot subdivision processed under MS 08-02/SDP 08-06 was found to be .66 units
27 above the Growth Management unit yield for this RLM designated property.
Consistent with the General Plan and Policy No. 43, .66 DUs have already been
28 withdrawn from the City's excess dwelling unit bank for this site.
PC RESO NO. 6856 -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
g revoke or modify all approvals herein granted; deny or fiirther condition issuance of all
fiiture building permits; deny, revoke, or fiirther condition all certificates of occupancy
10 issued under the authority of approvals herein granted; record a notice of violation on the
property titie; institute and prosecute litigation to compel their compliance with said
11 conditions or seek damages for their violation. No vested rights are gained by Developer
^2 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
1^ development, different fi-om 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
17 regulations in effect at the time of building permit issuance.
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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
Project are challenged, this approval shall be suspended as provided in Govemment 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.
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 attomey's fees incurred by the City arising, directiy
or indirectly, from (a) City's approval and issuance of this Coastal Development Permit,
25 (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,
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.
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^ 6. Developer shall submit to the City Planner a reproducible 24" x 36" mylar copy of the
2 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).
^ " 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.
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9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 20 Local Facilities Management Plan and any amendments made to
g that Plan prior to the issuance of building pennits.
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
11 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. 12
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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 ofthe Zoning Ordinance.
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lg 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
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
'8 Local Facilities Management Plan fee for Zone 20, 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.
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13. Prior to the issuance of building permits, the Developer shall pay to the City an
21 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
time to time.
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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 City
^5 Planner, notifying all interested parties and successors in interest that the City of Carlsbad
2g has issued a Coastal Development Permit by Resolution No. 6856 on the property. Said
Notice of Restriction shall note the property description, location of the file containing
27 complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The City Planner has the
28 authority to execute and record an amendment to the notice which modifies or terminates
said notice upon a showing of good cause by the Developer or successor in interest.
PC RESO NO. 6856 -5-
^ Engineering:
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Note: Unless specifically stated in the condition, all of the following conditions, upon the
3 approval of this proposed development, must be met prior to approval of a building or
grading permit whichever occurs first.
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General
6 15. Prior to hauhng dirt or constmction materials to or from any proposed constmction site
within this project, developer shall apply for and obtain approval from, the city engineer
7 for the proposed haul route.
16. This project is approved upon the express condition that building permits will not be
9 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
10 issuance and will continue to be available until time of occupancy.
17. Developer shall cause property owner to execute and submit to the city engineer for
12 recordation, the city's standard form Geologic Failure Hold Harmless Agreement.
13 Grading
14 18. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a minor grading permit for this project is required. Developer shall prepare and
submit plans and technical studies/reports, as part of the building plans, for city engineer
1^ review, and shall pay all applicable grading plan review fees per the city's latest fee
schedule.
Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
19 but are not limited to pollution control practices or devices, erosion control to prevent silt
mnoff during constmction, general housekeeping practices, pollution prevention and
20 educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
21 stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
23 20. Developer shall complete and submit to the city engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
24 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
the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all
2^ applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
27 21. Developer shall incorporate measures with this project to comply with Standard
Stormwater Requirements per the city's Standard Urban Stormwater Management Plan
28 (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
PC RESO NO. 6856 -6-
^ discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash
2 enclosures to avoid contact with storm mnoff, all to the satisfaction of the city engineer.
3 Improvements
^ 22. Developer shall design the private drainage system, as shown on the site plan to the
satisfaction of the city engineer. The building plans shall include appropriate details and
engineering calculations for the storm water detention vault and distribution facilities
6 (similar to recycled water).
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7 23. Developer shall cause property owner to execute, and submit to the city engineer for
recordation, a city standard deed restriction on the property which relates to the proposed
cross lot drainage as shown on the site plan. The deed restriction document shall:
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a. Clearly delineate the limits of the drainage course; and 9
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b. State that the drainage course is to be maintained in perpetuity by the underlying
^ ^ property owner; and
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c. State that all future use of the property along the drainage course will not restrict,
13 impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public nuisance.
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Utilities
1^ 24. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
Code Reminders:
Note: The project is subject to all applicable provisions of local ordinances, including but not
limited to the following code requirements;
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25. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
21 Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
22 Trips (ADT) and floor area contained in the staff report and shown on the site plan are for
planning purposes only.
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26. Approval of this request shall not excuse compliance with all applicable sections of the
24 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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27. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
26 Code Section 18.04.320.
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28. Prior to the issuance of a building permit. Developer shall pay a Public Facility fee as
28 required by Council Policy No. 17.
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^ 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.'
5 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
6 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
annul their imposition.
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9 You are hereby FURTHER NOTIFIED tiiat your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer coimection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
IJ 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
12 expired.
^3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, Califomia, held on January 18, 2012, by the following
vote, to wit:
AYES: Chairperson Schumacher, Commissioners Arnold, Black,
L'Heureux, Nygaard, Scully and Siekmann
NOES:
ABSENT:
ABSTAIN:
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23 MICHAEL SCHUMACHER, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
DON NEU
City Planner
PC RESO NO. 6856