HomeMy WebLinkAbout2013-05-01; Planning Commission; Resolution 6972
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE DEMOLITION OF AN EXISTING SINGLE-FAMILY
RESIDENCE AND THE CONSTRUCTION OF A 3,063
SQUARE FOOT SINGLE-FAMILY RESIDENCE WITH AN
ATTACHED TWO-CAR GARAGE ON A .16 ACRE LOT ON PROPERTY GENERALLY LOCATED AT 5310 CARLSBAD BOULEVARD IN LOCAL FACILITIES MANAGEMENT
ZONE 3.
CASE NAME: RAUSCH RESIDENCE
CASE NO: CDP 13-01 WHEREAS, Thomas and Patricia Rausch Trust, “Developer/Owner,” has filed
a verified application with the City of Carlsbad regarding property described as
Lot 111 of Terramar Unit No. 4 in the City of Carlsbad, in the County of San Diego, State of California, according to map thereof No. 3312, filed in the Office of the County Recorder of
San Diego County on October 14, 1955
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” – “K” dated May 1, 2013, attached hereto and
on file in the Carlsbad Planning Division, RAUSCH RESIDENCE – CDP 13-01, as provided in
Chapter 21.81.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 1, 2013, hold a duly noticed
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.
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.
PLANNING COMMISSION RESOLUTION NO. 6972
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES RAUSCH RESIDENCE – CDP 13-01., based on the following
findings and subject to the following conditions:
Findings:
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 single-family dwelling unit on a previously graded lot and is consistent with
the 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 structures. The proposed two-story home 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 proposed single-family residence 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. Further, 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 of the Coastal Act in that the project 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 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
Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
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.
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 provision of the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance).
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
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332 (In-Fill Development Projects) of the state CEQA Guidelines. In making this determination, the
City Planner has found that the exceptions listed in Section 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
of the Land Use Plan, certified September 1990 and, therefore, is not subject to the
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provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).
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
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. Specifically,
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.
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 the staff report dated May 1, 2013 including, but not limited to the following: The 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
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 (6.25 du/ac) is above the range of 0-4 units per acre and 3.05 units above the GMCP. However, there is no increase of units on the property and 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 legally created prior to October 28, 2004; therefore, development of a one-family dwelling is consistent with the RLM General Plan Land Use designation.
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 the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
General
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permits.
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
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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 or a successor in interest by the City’s approval of this Coastal Development Permit.
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
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.
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. 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
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.
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 and 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. 7. Developer shall submit to the City Planner a reproducible 24” x 36,” mylar copy of the
Site Plan reflecting the conditions approved by the final decision-making body.
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 format (including any applicable Coastal Commission approvals).
9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Building Division from the Carlsbad Unified School District that this project has
satisfied its obligation to provide school facilities.
10. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 3 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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11. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
12. 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 to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad
has issued a Coastal Development Permit by Resolution No. 6972 on the property. Said
Notice of Restriction shall note the property description, location of the 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 City Planner has the 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.
13. 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 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.
14. If building permits are not issued within 24 months of the date of this approval, the
Developer will be subject to an inclusionary housing impact fee.
Engineering:
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed development, must be met prior to approval of a grading permit
or building permit, whichever occurs first.
General
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
for the proposed haul route.
Fees/Agreements
16. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city’s standard form Geologic Failure Hold Harmless Agreement.
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. Developer shall cause property owner to enter into a Neighborhood Improvement
Agreement with the city on a city standard form for the future public improvement of
Carlsbad Boulevard along the property frontage for a half street width of fifty one (51) feet. Public improvements shall include but are not limited to paving, base, sidewalk,
curb and gutter, median, grading, clearing and grubbing, undergrounding or relocation of
utilities, sewer, water, fire hydrants, street lights, retaining walls, and reclaimed water, as
identified on City DWG 331-7, to the satisfaction of the city engineer.
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19. 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
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 provided by the city engineer.
20. 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
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 a future district be formed.
Grading
21. 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 process grading plans via the building permit process. Technical studies/reports may be required subject to the city engineer’s review. Developer shall pay all applicable grading plan check and
permit fees per the city’s latest fee schedule.
22. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
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 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.
23. Developer is responsible to ensure that all final design plans (grading plans, improvement
plans, landscape plans, building plans, etc.) incorporate all source control, site design,
and Low Impact Design (LID) facilities.
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
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.
Dedications/Improvements
25. Developer shall design all proposed public improvements including but not limited to
(sewer laterals, streetlights, pedestrian ramps, driveways, sidewalk, water
services/meters, curb drains, etc.) as shown on the site plan. These improvements shall
be shown on one of the following, subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing.
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Developer shall pay plan check and inspection fees using improvement valuations in
accordance with the city’s current fee schedule. Developer shall apply for and obtain a
right-of-way permit prior to performing work in the city right-of-way.
26. Carlsbad Boulevard shall be dedicated by owner along the project frontage based on a street center line to right of-way width of fifty one (51) feet and in conformance with City of Carlsbad Standards.
Utilities:
27. 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 hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer.
28. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
29. Developer shall install potable water service and meter at a location approved by the district engineer. The location of said service shall be reflected on public improvement plans.
Code Reminders:
30. 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
permit issuance, except as otherwise specifically provided herein.
31. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
NOTICE
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.”
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 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