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Home My WebLink About1997-12-03; Planning Commission; Resolution 4208*. II 0 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4208 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CDP 97-32 ON PROPERTY GENERALLY LOCATED WEST OF CARLSBAD BOULEVARD, NORTH OF CEREZO DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 2, WITHIN THE COASTAL, COMMISSION APPEAL AREA OF THE COASTAL ZONE. CASE NAME: TERRAMAR BEACH HOUSE CASE NO.: CDP 97-32 WHEREAS, Larry Richards, “Developer”, has filed a verified applicai the City of Carlsbad regarding property owned by Larry and Pamela Richards, “ described as A portion of Lot “H” of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823 as filed in the Office of the County Recorder of San Diego County, November 16,1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibits “A” - “D” dated December 3, 1997, on fi Planning Department, Terramar Beach House, CDP 97-32 as provided by Chapter 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of Decemb 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 tl and arguments, if any, of all persons desiring to be heard, said Commission considered a relating to CDP 97-32. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Cor APPROVES Coastal Development Permit CDP 97-32, based on the f findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Program and all applicable policies in that the proposed single family resi consistent with the Mello I1 land use designation of FUM density develop] the site and consistent with the adjacent single family area. This project is in the Coastal Commission appeal area and is potentially subject to an appe; Coastal Commission. 2. The proposal is in conformity with the public access and recreation policies of C of the Coastal Act in that a public access stairway associated with the a] granted to the property to the south of the subject site will provide adequat access to the beach from the blufftop area. 3. The proposal is in conformity with the provisions of the Coastal Resource PI Overlay Zone which applies since the site contains a natural slope in excess inclination (the coastal bluff). Adequate studies and analysis by thl Engineering Department have addressed the ability of the slope to rema undamaged state. 4. The proposal is in conformity with the provision of the Coastal S Development Overlay Zone which applies since the site is located between and the first public road within the Mello I1 LCP segment. Geotechni drainage studies were submitted, and underwent Engineering Departmeni and a peer review analysis. These efforts concluded with the Eng Department supporting the 25 foot blufftop structural setback as well proposal to provide drainage down the existing bluff face via a 4” pipe. 5. The Planning Director has determined that the proposed project is exem environmental review subject to CEQA Categorical Exemptions 15303 family construction) and 15304 (minor grading). Conditions: Planning: 1. The Planning Commission does hereby APPROVE the Coastal Development Pt the project entitled Terramar Beach House (Exhibits “A”-“D” dated Dece 1997, on file in the Planning Department and incorporated by this reference, SI the conditions herein set forth.) Staff is authorized and directed to make, 01 Developer to make, all corrections and modifications to the CDP docume necessary, to make them internally consistent and in conformity with final actio 1 PC RES0 NO. 4208 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i 26 27 1 28 0 0 project. Development shall occur substantially as shown in the approved Exhib proposed development substantially different from this approval, shall rec amendment to this approval. 2. Prior to the issuance of building permits, the Developer shall pay to the inclusionary housing impact fee as an individual fee on a per market rate dwel basis. 3. Developer shall apply for and obtain building permits within two (2) yea approval or this coastal development permit will expire unless extended Section 21.201.210 of the Zoning Ordinance. 4. Consistent with 21.203.040(4)(e), no grading shall be allowed during the w: season (October 1-April 1). A grading permit is required to construct drainage system and the driveway portion of the project. If a building pern issued during the winter season, erosion control measures shall be incorpor into the building permit exhibits, and installed and maintained on-site, tc satisfaction of the City EngineerPublic Works Director. 5. Prior to the issuance of building or grading permits, Developer shall reca deed restriction on the property in compliance with the waiver of public lial provisions set forth in Section 21.204.120 of the of the Carlsbad Municipal < relating to the Coastal Shoreline Overlay Zone. The deed restriction shall include the following: (1) no structural improvements are allowed within tll foot blufftop setback; and (2) landscaping located in the City right of way ! be subject to the approval of a Right of Way permit issued by the Enginee Department. If granted, no landscaping shall exceed a height of 30”. landscaping exceeds 30”, the City may enforce this limitation upon the own1 record of the property. This provision shall bind future property owners provide for City compensation if required to perform any needed landsca trimming, maintenance and/or removal. 6. Building permit plans shall show compliance with section 21.46.120 of municipal code regarding allowed protrusions into required setback areas. Engineering: 7. Prior to hauling dirt or construction materials to or from any prop construction site within this project, the developer shall submit to and re( approval from the City Engineer for the proposed haul route. The devel1 shall comply with all conditions and requirements the City Engineer may im with regards to the hauling operation. % The developer shall pay all current fees and deposits required. 9. The owner of the subject property shall execute an agreement holding the harmless regarding drainage across the adjacent property. PC RES0 NO. 4208 -3 - 1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 * 10. The owner shall enter into a lien contract for the future public improveme Carlsbad Boulevard along the project frontage for a half street width of fifty feet. Public improvements shall include, but not be limited to, paving, 1 sidewalks, curbs and gutter, medians, grading, clearing and grub1 undergrounding or relocation of utilities, sewer, water, fire hydrants, s lights and retaining walls. Additionally, the lien contract shall includf owner's consent to modify the project's access drive as shown on the site 1 The costs of the access drive modifications shall be an obligation of the o' under the lien contract. 1 1. The owner shall execute a hold harmless agreement for geologic failure. 12. Prior to approval of any grading or building permits for this project, the 01 shall give written consent to the annexation of the area shown within boundaries of the subdivision plan into the existing City of Carlsbad S Lighting and Landscaping District No. 1 on a form provided by the City. 13. Based upon a review of the proposed drainage, grading and the gra quantities shown on the site plan, a grading permit for this project is requ The developer must submit and receive approval for grading plan accordance with city codes and standards. 14. No grading for private improvements shall occur outside the limits of the pr unless a grading or slope easement or agreement is obtained from the owne the affected properties and recorded. If the developer is unable to obtain grading or slope easement, or agreement, no grading permit will be issued that case the developer must either amend the site plan or modify the plar grading will not occur outside the project site in a manner which substant conforms to the site plan as determined by the City Engineer and Plan Director. General: 15. If any of the foregoing conditions fail to occur; or if they are, by their tern implemented and maintained over time; if any of such conditions fail tc implemented and maintained according to their terms, the City shall have the revoke or modify all approvals herein granted; deny or further condition issuan future building permits; deny, revoke or further condition all certificates of oc issued under the authority of approvals herein granted; institute and prosecute litil compel their compliance with said conditions or seek damages for their viola1 vested rights are gained by Developer or a successor in interest by the City's apF this Coastal Development Permit. ... ... 1 I ... PC RES0 NO. 4208 -4- % 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 e e 20 21 22 23 Code Reminders: 16. The developer shall exercise special care during the construction phase of this I prevent offsite siltation. Planting and erosion control shall be provided in ac with the Carlsbad Municipal Code and the City Engineer. 17. Prior to performing any work in the City right-of-way, the developer shall obtain of-Way permit. PASSED, APPROVED AND ADOPTED at a regular meeting of the : Commission of the City of Carlsbad, California, held on the 3rd day of December 199' following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Monroy, Sz and Welshons NOES: ABSENT: Commissioners Heineman and Noble ABSTAIN: ~ ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: 24 25 26 27 28 11 PC RES0 NO. 4208 -5-