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HomeMy WebLinkAbout2025-05-07; Planning Commission; Resolution 7542PLANNING COMMISSION RESOLUTION NO.7542 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE A CEQA EXEMPTION DETERMINATION AND A COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE ADDITION AND REMODEL OF AN EXISTING SINGLE-FAMILY RESIDENCE WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM LOCATED AT 2678 OCEAN ST. WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: RYAN REMODEL CASE NO: CDP 2024-0007 (DEV2024-0028) WHEREAS, Paul Longton, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Timothy T. Ryan, "Owner," described as LOT 83 OF GRANVILLE PARK UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2037, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 18, 1927. ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibit(s) "A" -"F", dated May 7, 2025, on file in the Carlsbad Planning Division, CDP 2024- 0007 (DEV2024-0028) -RYAN REMODEL, as provided in Chapter 21.201.030 of the Carlsbad Municipal Code;and WHEREAS, pursuant to the California Environmental Quality Act (CEQA, Public Resources Code section 21000 et. seq.) and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq., the city is the Lead Agency for the project, as the public agency with the principal responsibility for approving the proposed project; and WHEREAS, the Planning Commission did, on May 7, 2025, hold a duly noticed public hearing as prescribed by law to consider said request relative to the Coastal Development Permit land use application; 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. B) Compliance with CEQA. The proposed action to remodel and add to an existing single- family residence is categorically exempt from environmental review under CEQA Guidelines Section 15301(e) (Class 1 -Existing Facilities) because the addition to the existing structure will not result in an increase of more than 50 percent of the floor area of the structure before the addition. No exceptions to the categorical exemption as set forth in CEQA Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(C) apply. The notice of exemption will be filed with the Recorder/County Clerk within five days after project approval by the decision-making body. C) The details of the request include adding 998 square feet to an existing 2,367 square foot, two-story single-family residence with an attached 469 square foot two-car garage. The Developer is concurrently requesting approval of a proposed Accessory Dwelling Unit (ADU), which would be constructed in the same location and to the same dimensions as the existing structure. Pursuant to State law (Government Code Section 66320(a)), the application for the ADU shall be considered without discretionary review or hearing. Therefore, the ADU is not a part of the application to be considered by the Planning Commission. If any references are made in this resolution to the ADU, the reference is made for informational purposes only. D) That based on the evidence presented at the public hearing, the Commission APPROVES CDP 2024-0007 (DEV2024-0028)-RYAN REMODEL, based on the following findings and subject to the following conditions: Findings: Coastal Development Permit 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 residential development, and the project proposes to remodel an existing 2,367-square-foot, two-story single-family residence with an attached 469-square-foot two-car garage. The details of the request consist of adding 188 square feet to the second story and 810 square feet to the third story. The development is consistent with the LCP Mello II R-15 land use designation. The site is suitable for the residential remodel proposed since the project is located on property that is surrounded by residential uses at a relatively similar bulk, size, and scale. The building intensity, size and type of remodel proposed is compatible with the surrounding neighborhood. No agricultural activities, sensitive resources, geological instability, flood hazard or coastal access opportunities exist onsite. Given that the project site is located in a residential neighborhood where the majority of dwellings are two-and three-stories, the addition of a third story to an existing two-story single-family residence will not obstruct views of the coastline as seen from public lands or public right-of- way, nor otherwise damage the visual beauty of the Coastal Zone. 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 not located adjacent to the coastal shore; therefore, it will not interfere with the public's right to physical access or 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, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. The site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 4. The project is consistent with the City-Wide 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. 5. The Planning Commission expressly declares that it would not have approved this Coastal Development Permit application to use the Property for completing and implementing the project, except upon and subject to each and all of the conditions hereinafter set, each and all of which shall run with the land and be binding upon the Developer and all persons who use the Property for the use permitted hereby. For the purposes of the conditions, the term "Developer" shall also include the project proponent, owner, permittee, applicant, and any successor thereof in interest, as may be applicable. If the Developer fails to file a timely and valid appeal of this Coastal Development Permit within the applicable appeal period, such inaction by the Developer shall be deemed to constitute all of the following on behalf of the Developer: a. Acceptance of the Coastal Development Permit by the Developer; and b. Agreement by the Developer to be bound by, to comply with, and to do all things required of or by the Developer pursuant to all of the terms, provisions, and conditions of this Coastal Development Permit or other approval and the provisions of the Carlsbad Municipal Code applicable to such permit. 6. 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 the issuance of building permit. 1. Approval is granted for CDP 2024-0007 (DEV2024-0028)-RYAN REMODEL as shown on Exhibits "A" -"F", dated May 7, 2025, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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; 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. 3. 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. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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. 6. 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. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the site plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision- making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 8. 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. 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10. 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. 11. The primary unit and ADU must both provide complete, independent living facilities for one or more persons. A 1-hour fire-resistance rating is required per Section R302.3. Additionally, common walls and floor/ceiling assemblies between units must also meet a sound transmission rating of STC 50 or higher, per section 1207 of the Building Code. Although the walls are existing, they need to be modified to comply with the fire-rating and opening protection requirements of Table R302.1(1) or R302.1(2), whichever is applicable. 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 the subject Resolution 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. 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. The project site is within the appealable area of the California Coastal Commission. This Coastal Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal Commission within such time limit shall stay the effective date of this CDP until such time as a final decision on the appeal is reached by the Coastal Commission. 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 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 fees/exactions 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 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 expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on May 7, 2025, by the following vote, to wit: AYES: Meenes, Burrows, Hubinger, Lafferty, Merz, Stine. NAYES: None. ABSENT: None. ABSTAIN: Foster. ROYENEs, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ERIC LARDY City Planner