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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 9 WHEREAS, Friehauf Architects, "Developer," has filed a verified application 10 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 20 21.201.040 of the Carlsbad Municipal Code; and 21 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 26 relating to the CDP. 27 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. 2 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. 11 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. 15 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 PC RESO NO. 6307 -2- 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. 14 . 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. 17 Conditions: 18 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 20 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. 14 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. 26 27 28 PC RESO NO. 6307 -4- 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 5 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. 11 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. 17 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. PC RESO NO. 6307 -5- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on the 20th day of June, 2007, by the 3 following vote, to wit: 4 <- AYES: Chairperson Baker, Commissioner Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Whitton 6 NOES: 7 ABSENT: 9 ABSTAIN: 10 11 12 13 JUllE~BX{CER, Chairperson CARLSBAD PLANNING COMMISSION 14" ATTEST: 16 17 ([ DON NEU 1 R Planning Director 19 20 21 23 24 25 26 27 28 PC RESO NO. 6307 -6-