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HomeMy WebLinkAbout2012-01-18; Planning Commission; Resolution 68565 25 26 27 28 WHEREAS, Joseph Esposito, "Developer," has filed a verified application with ^ PLANNING COMMISSION RESOLUTION NO. 6856 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 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 10 " 11 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 18 19 20 21 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 2 7 12 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. 19 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- 9 19 26 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. 3 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, 11 12 13 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. 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. 18 19 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. PC RESO NO. 6856 -4- 26 ^ 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. 7 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 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 ofthe Zoning Ordinance. 15 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. 20 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. 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 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: 2 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. 4 " 5 15 17 18 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). 5 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: 17 18 a. Clearly delineate the limits of the drainage course; and 9 10.. b. State that the drainage course is to be maintained in perpetuity by the underlying ^ ^ property owner; and 12 „ 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. 14 15 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; 20 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. 23 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. 25 27. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 26 Code Section 18.04.320. 27 28. Prior to the issuance of a building permit. Developer shall pay a Public Facility fee as 28 required by Council Policy No. 17. PC RESO NO. 6856 -7- ^ NOTICE 2 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. 7 10 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 14 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: 15 16 17 18 19 20 21 22 23 MICHAEL SCHUMACHER, Chairperson CARLSBAD PLANNING COMMISSION 24 25 26 27 28 ATTEST: DON NEU City Planner PC RESO NO. 6856