HomeMy WebLinkAbout2007-06-20; Planning Commission; Resolution 63071 PLANNING COMMISSION RESOLUTION NO. 6307
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 1,461 SQUARE FOOT DETACHED
5 GUEST HOUSE ON A 1.47 ACRE SITE PREVIOUSLY
DEVELOPED WITH A SINGLE FAMILY RESIDENCE
6 LOCATED AT 5305 CARLSBAD BOULEVARD WITHIN THE
MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM
7 AND LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: WALTERS GUEST HOUSE
8 CASE NO.: CDP 07-02
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WHEREAS, Friehauf Architects, "Developer," has filed a verified application
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with the City of Carlsbad regarding property owned by William & Susan Walters, "Owner,"
12 described as
13 That portion of Lot "H" of Rancho Agua Hedionda, in the City
of Carlsbad, County of San Diego, State of California,
14 according to map thereof no. 823, filed in the Office of the
County Recorder of San Diego County, November 16,1896
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Coastal
18 Development Permit as shown on Exhibits "A" - "F" dated June 20, 2007, on file in the
19 Planning Department, WALTERS GUEST HOUSE - CDP 07-02, as provided by Chapter
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21.201.040 of the Carlsbad Municipal Code; and
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22 WHEREAS, the Planning Commission did, on the 20th day of June , 2007, hold
23 a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CDP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning28
Commission of the City of Carlsbad as follows:
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
3 APPROVES WALTERS GUEST HOUSE CDP - 07-02 based on the
following findings and subject to the following conditions:4
c Findings:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the site is designated for single-family
7 residential development and accessory structures and the development consists of a
detached one-story guest house on a 1.47 acre lot. The development is consistent
° with the Mello II Land Use designation of RLM/OS; no agricultural activities,
sensitive resources, geological instability, flood hazard or vertical coastal access
opportunities exist onsite and the development does not obstruct views of the
10 coastline as seen from public lands or public right-of-way or otherwise damage the
visual beauty of the coastal zone.
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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 located adjacent to the shore, however, there
are no opportunities for vertical coastal access or recreational activities from the
subject site. There is an existing public beach access point located approximately
14 250 feet to the south of the site. Therefore, the project will not interfere with the
public's right to physical access to the sea.
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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
18 Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
erosion. No development is proposed in areas of steep slopes (coastal bluff) and no
19 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. The
proposed guest house will not encroach seaward (west) of the existing residence and
21 will not be adjacent to any steep slopes.
22 4. The project is consistent with the provisions of the Coastal Shoreline Development
Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that the previous project
(CDP 02-56) was conditioned to provide the public with the right of lateral access to
a minimum of twenty-five feet of dry sandy beach at all times of the year.
25 5. That the Planning Director 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
26 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303(a) (one single family
^ ' residence, or a second dwelling unit in a residential zone, or in urbanized areas, up
to three single family residences) of the state CEQA Guidelines. In making this
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determination, the Planning Director has found that the exceptions listed in Section
2 15300.2 of the state CEQA Guidelines do not apply to this project.
3 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
4 provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).
, 7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 3 and all City public facility policies and
7 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
8 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,
11 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.
, 3 B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of a building permit.
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. 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
degree of exaction is in rough proportionality to the impact caused by the project.
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Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
21 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
23 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
24 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
27 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.
28 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
PC RESO NO. 6307 -3-
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
2 regulations in effect at the time of building permit issuance.
3 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
6 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
9 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,
10 (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,
, 2 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
13 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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6. 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
15 Plan prior to the issuance of building permits.
17 7. 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
18 Section 21.201.210 of the Zoning Ordinance.
19 8. Prior to the issuance of the Building Permit, Developer shall submit to the City a Notice
20 of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Coastal Development Permit by Resolution No. 6307 on
22 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
23 conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice,
24 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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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 permit.
4 General
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9. Prior to hauling dirt or construction materials to or from any proposed construction site
6 within this project, developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
8 Code Reminders:
" 10. Approval of this request shall not excuse compliance with all applicable sections of the
i Q 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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11. The project is subject to all applicable provisions of local ordinances, including but not
12 limited to the following:
13 The Average Daily Trips (ADT) and floor area contained in the staff report and
shown on the site plan are for planning purposes only. Developer shall pay traffic
14 impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of
Carlsbad Municipal Code, respectively.
12. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
16 Code Section 18.04.320.
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NOTICE18
19 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
20 "fees/exactions."
21 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
22 y°u 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
23 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
24 annul their imposition.
25 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
2° expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on the 20th day of June, 2007, by the
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following vote, to wit:
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<- AYES: Chairperson Baker, Commissioner Boddy, Cardosa, Dominguez,
Douglas, Montgomery, and Whitton
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NOES:
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ABSENT:
9 ABSTAIN:
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13 JUllE~BX{CER, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
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17 ([
DON NEU
1 R Planning Director
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