HomeMy WebLinkAbout2003-05-07; Planning Commission; Resolution 54021
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PLANNING COMMISSION RESOLUTION NO. 5402
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
GENERALLY LOCATED ALONG THE WEST SIDE OF
CARLSBAD BOULEVARD, BETWEEN CEREZO DRIVE AND
SHORE DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 3.
CASE NAME: WALTERS RESIDENCE
CASE NO.: CDP 02-56
DEVELOPMENT PERMIT CDP 02-56 ON PROPERTY
WHEREAS, Friehauf Architects, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by William & Susan Walters, “Owner,”
described as
That portion of Lot “H” of Rancho Agua Hedionda, in the City
of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 823, 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 Coastal
Development Permit as shown on Exhibits “A” - “P” dated May 7,2003, on file in the Planning
Department, WALTERS RESIDENCE - CDP 02-56 as provided by Chapter 21.201.040 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of May 2003, 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 CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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
APPROVES WALTERS RESIDENCE - CDP 02-56 based on the following
findings and subject to the following conditions:
Findinm:
1. That the proposed development is in conformance with the Mello II segment of the
Certified Local Coastal Program and all applicable policies in that the site is designated
for single-family residential development and open space and the development includes
a single-family house on the residential portion of the lot and open space easement
on the coastal bluff; the project conforms to a recommended 25’ blufftop setback;
no agricultural activities, sensitive resources, geological instability, or flood hazard
exist on site; coastal access has been provided 200 feet south of the subject site with
blufftop stairs, and that buildings, structures and landscaping have been so located
as to preserve to the extent feasible any ocean views from the nearest public street.
The project complies with applicable side yard and building height requirements,
which will, to the extent feasible, preserve existing ocean views from the street.
Moreover, unobstructed views from Carlsbad Boulevard of the ocean exist
approximately 200 feet to the south of the project and extend for at least a several
thousand feet.
2. The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.03 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 (JUMP) to avoid increased
urban runoff, pollutants and soil erosion. The development is not located in an area
prone to landslides or susceptible to accelerated erosion, floods, or liquefaction. The
existing 25+% slopes do not support any endangered planvanimal species and/or
coastal sage scrub and chaparral plant communities and therefore are not
considered dual criteria slopes. Appropriate findings, included in the staff report,
can be made to allow the development of the 25+% slopes.
3. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that adequate vertical beach access exists within 200 feet of the
property and the subject property was not identified as a potential lot for future
additional public access to the shoreline in the Local Coastal Program.
4. The project is consistent with the provisions of the Coastal Shoreline Development
Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that vertical access exists
within 200 feet of the project. A geotechnical analysis of the project site was
prepared. The analysis concluded that the proposed development will have a useful
life of at least 75 years and that the development will have no adverse effects on the
stability of the coastal slope. The proposed residential structure has been designed
to include a 25’ blufftop setback and will be compatible with the surrounding
development and natural environment. Grading has been kept to a minimum,
although a grading permit will be required. The project adheres to all coastal
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“stringline” setback requirements for the placement of structures, deckshalconies
and fences.
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
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303 (single-family
residence in an urbanized area) and 15332 (infill development) of the state CEQA
Guidelines. In making this determination, the Planning Director 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 consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 3 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.
7. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X 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).
8. 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:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
a building permit or grading permit, whichever occurs first.
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
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
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2.
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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.
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.
The Developer shall comply with all applicable provisions of federal, state, and local laws
and regulations in effect at the time of building permit issuance.
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.
The DeveloperDperator 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 non-
discretionary, 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.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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.
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.
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The applicant shall apply for and be issued building permits for this project within 24
months of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
The developer shall submit to the City a Notice of Restriction to be filed in the office oj
the County Recorder, subject to the satisfaction of the Planning Director, notifling all
interested parties and successors in interest that the City of Carlsbad has issued a Coastal
Development Permit by Resolution No. 5402 on the property owned by the Developer
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 anj
conditions of restrictions specified for inclusion in the Notice Restriction. The Planning
Director 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 01
successor in interest.
Prior to the issuance of building permits, the Developer shall prepare and record a
Notice that this property may be subject to noise impacts from Carlsbad Boulevard.
Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
All grading activities shall be planned in units that can be completed by October 1st.
Grading activities shall be limited to the “dry season”, April 1st to October 1st of each
year. Grading activities may be extended to November 15th upon written approval of the
City Engineer and only if all erosion control measures are in place by October 1 st.
This project is approved subject to the condition that no structures or development
shall be permitted within the lot area designated for open space by the General
Plan.
The applicant shall dedicate any land seaward of the mean high tide line to the
California Coastal Commission or their designee as agreed to with the California
Coastal Commission.
Prior to the issuance of a building permit, the existing residence shall be demolished
and removed and the second dwelling unit shall be converted to a guest house
through the removal of the existing kitchen.
Engineering
General
17. 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.
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Prior to the issuance of a grading permit, the property owner shall apply for and
record an adjustment plat via certificates of compliance to consolidate the two
subject lots (assessors parcel numbers 210-120-27 and 210-120-31) into one lot.
A 25-foot bluff top setback shall be established as shown on the site plan. Any
construction, development, or grading proposed within this setback shall be subject
to the approval of the City Planning Director and City Engineer. Buildings,
structures, below grade swimming pools, spas, saunas, and hot tubs are specifically
prohibited within the bluff top setback. Construction that is permitted includes, but
is not limited to; roof overhangs and cantilevered decks, yard landscaping and
irrigation, and decorative fences and walls to approved structures provided that all
drainage is directed to an approved drainage course and is installed per the
recommendations of the soils report completed by Owen Engineering Group, dated
January 22,2003, on file with the City.
Prior to the issuance of a grading permit, the developer shall obtain approval from
the Public Works Department, General Services Division for the removal of any
trees within the public right-of-way.
FeesIAPreements
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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.
Developer shall cause property owner to enter into a Neighborhood Improvement
Agreement with the City for the fbture public improvement of Carlsbad Boulevard
along the subdivision frontage for a half street width of 50 feet. Public improvements
shall include but are not limited to paving, base, sidewalks, curbs and gutters, medians,
clearing and grubbing, fire hydrants and street lights.
Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Prior to the issuance of a building permit, the applicant shall cause property owner
to enter into an encroachment agreement with the City for the removable asphalt
pavers located within the public right-of-way or revise to use asphalt concrete or
other material acceptable to the City Engineer.
Grading
25. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
26. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
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grading permit from the City Engineer prior to issuance of a building permit for the
project. A Storm Water Pollution Prevention Plan shall be submitted with the
application.
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 fi-om date of final approval to protest imposition of these feedexactions. 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
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
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
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of May, 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None v AKER, Chairperson
WAD PLANNING COMMISSION
ATTEST:
Planning Director
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