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HomeMy WebLinkAbout2025-09-17; Planning Commission; Resolution 7554Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696 PLANNING COMMISSION RESOLUTION NO. 7554 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CEQA EXEMPTION DETERMINATION AND A COASTAL DEVELOPMENT PERM IT TO ALLOW FOR THE CONSTRUCTION OF A NEW 1,930-SQUARE-FOOT, ONE-STORY SINGLE-FAMILY RESIDENCE WITH LOFT AND AN ATTACHED 574-SQUARE- FOOT TWO-CAR GARAGE ON AN EXISTING GRADED VACANT 0.18-ACRE LOT, LOCATED AT 1640 TAMARACK AVE. WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: FORREST RESIDENCE TAMARACK AVENUE - CASE NO: CDP 2025-0004 (DEV2024-0096) WHEREAS, Amy and Stephen Forrest, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as PARCEL 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 12803 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 13, 1983. ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibit(s) "A" -"L" dated Sept. 17, 2025, on file in the Carlsbad Planning Division, CDP 2025- 0004 -FORREST RESIDENCE TAMARACK AVENUE, as provided in Chapter 21.201.030 of t he 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 Sept. 17, 2025, hold a duly noticed public hearing as prescribed by law to consider said request; Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696 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 t he City of Carlsbad, as follows: A) That the above recitations are true and correct. B) Compliance with CEQA. The proposed act ion for the construction of a new 1,930-square- foot, one-story single-family residence with loft and an attached 574-square-foot two-car garage on an existing graded vacant 0.18-acre lot is categorically exempt from environmental review under CEQA Guidelines Section 15303(a) -New Construction or Conversion of Smal l Structures. CEQA Section 15303 is a Class 3 exemption that allows for the construction of one single-family residence, including accessory (appurtenant) structures such as garages, carports, patios, swimming pools and fences. The project development consists of one single- family residence, including accessory (appurtenant) structures (i.e., an attached two-car garage, patios, and perimeter fencing), all of which is located on a residentially zoned property (One-family Residential (R-1) Zone) surrounded by similarly developed residential. No exceptions to the categorical exemption as set forth in CEQA Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(() 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) That based on the evidence presented at the public hearing, the Commission APPROVES CDP 2025-0004-FORREST RESIDENCE TAMARACK AVENUE, 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 Coasta l Program (Mello II Segment) and all applicable policies in that the site is previously graded and designated for residential development, and the project proposes the construction of a new one-story single-family residence with a loft and an attached garage on a parcel of land designated for residential development. The project provides erosion control measures that protect down slope coastal resources. No agricultural activities, geological instability, flood hazard, or coastal access opportunities exist onsite, and the development does not obstruct views of the coastline as seen from public lands or public right-of-way or 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 shores; therefore, it will not interfere with the public's right to physical access or water-oriented recreational activities. Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696 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. No steep slopes or 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. General 4. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan, in that the General Plan Land Use designation for the property is R-4 Residential, and under Land Use Element Policy 2-P.7 one single-family dwelling is permitted to be constructed on a legal lot that existed as of Oct. 28, 2004. Since the subject lot was legally created prior to Oct. 28, 2002 (Parcel 3 of Parcel Map No. 12803, July 14, 1983), the project is consistent with the R-4 Residential General Plan Land Use designation. 5. The project is consistent with the City-Wide Facilities and Improvements Plan, the Loca l Facilities Management Plan for Zone 1 and all city public policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that al l 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 Dist rict 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. 6. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 7. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, t hat 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 issuance of a grading permit or building permit, whichever occurs first. 1. Approval is granted for CDP 2025-0004-FORREST RESIDENCE TAMARACK AVENUE as shown on Exhibits "A" -"L", dated Sept. 17, 2025, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696 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 t o 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 lit igation 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 t his approval. 4. Developer shall comply with al l 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 sha ll 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 submitting the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall subm it to the City Planner a 24" x 36" copy of the site plan or other, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision-making body. The copy shall be submitted to t he 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 Dist rict that this project has satisfied its obligation to provide school facilities. 9. This project shall comply with all conditions and mitigation measures which are req uired as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696 10. This approval shall become null and void if building permits are not issued for this project and substantial work has been performed with at least one major inspection (foundation, underfloor, frame, or final) conducted by the city within 36 months of project approval. 11. Building permits will not be issued for this project unless the loca l 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 t he building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 12. 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 part ies and successors in interest that the City of Carlsbad has issued a(n) Coastal Development Permit 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. 13. This project has been found to result in impacts to wildlife habitat or other lands, such as 0.18- acres of Habitat Management Plan (HMP) Group F Habitat (Disturbed lands), which provide some benefits to wildlife, as documented in the city's Habitat Management Plan. Developer is aware that the city has adopted an In-lieu fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mit igation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the city has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer1s successor(s) in interest shall pay the fee for 0.18-acres of HMP Group F Habitat (Disturbed lands) prior to issuance of a grading permit or building permit, whichever occurs first. If the In-lieu fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 14. At issuance of building permits, the Developer shall pay to the city an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. 15. Prior to issuance of grading permit(s), Developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth w ithout causing soil erosion and runoff. 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in t he Planning Division and accompanied by the project's building, improvement, and grading plans. Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696 17. Prior to issuance of grading and building permits, Developer shall list the following condition on all grading and building permit construction plans. Construction activities shall take place during the permitted time and day per Carlsbad Municipal Code Chapter 8.48. Developer shall ensure that construction activities for the proposed project are limited to the hours from 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturdays; no work shall be conducted on Sundays or on federal holidays. 18. Prior to issuance of a grading permit or the commencement of any ground-disturbing activities, whichever occurs first, Developer shall: a. Retain the services of a qualified archaeologist who shall be on-site to monitor ground disturbing activities. In the event cultural resource material is encountered, the archaeologist is empowered to temporarily divert or halt grading to allow for coordination with the Luiseiio Native American monitor and to determine the significance of the discovery. The archaeologist shall follow all standard procedures for cultural resource materials that are not Tribal Cultural Resources, in accordance with applicable laws and regulations including but not limited to the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines (2017). b. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians or other Luiseiio Native American tribe that meets all standard requirements of the tribe for such Agreements, in accordance with applicable laws and regulations including but not limited to the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines (2017). This agreement will address provision of a Luiseiio Native American monitor and contain provisions to address the proper treatment of any Tribal Cultural Resources and/or Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Luiseiio Native American monitor and the archaeologist. Engineering: General 19. 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. 20. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 21. Developer shall install sight distance corridors at all driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. 22. Property owner shall maintain all landscaping (shrubs, groundcover, etc.} and irrigation along the parkway frontage with Tamarack Avenue as shown on the Site Plan. Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696 Fees/ Agreements 23. 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. 24. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standa rd form Drainage Hold Harmless Agreement. 25. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 26. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private sidewalk under drains located over (existing) public right-of-way or easements as shown on the (site plan). developer shall pay processing fees per the city's latest fee schedule. Grading 27. 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 prepare and submit plans and technical studies/reports as requi red by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. Storm Water Quality 28. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 29. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. 30. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to t he satisfaction of the city engineer. Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696 Dedications/Improvements 31. Developer shall design the private drainage systems, as shown on the (site plan) to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 32. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. 33. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, sha ll execute a city standard (development) Improvement Agreement to install and post security in accordance with Carlsbad Municipal Code Section 20.16.070 for public improvements shown on the (site plan). Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: Utilities A. Public sidewalk. B. Curb and Gutter. C. Driveway. D. Sewer Service Lateral. E. Water Service Lateral. Additional public improvements required in other conditions of this resolution are hereby included in the above list by reference. Developer shall pay the standard improvement plan check and inspection fees in accordance with the fee schedu le. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other t ime as provided in said agreement. 34. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project 35. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 36. The developer shal l agree to install sewer laterals and clea n-outs at locations approved by the city engineer. The locat ions of sewer laterals shall be reflected on public improvement plans. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 37. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to t he satisfaction of the city engineer. 38. Developer shall pay traffic impact and sewer impact fees based on Chapter 18.42 and Chapter 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the (site plan) are for planning purposes only. Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696 39. Approval of this request shall not excuse compliance w ith all applicable sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 40. Prior to issuance of a building permit, Developer shal l pay a Public Facility fee as required by Council Policy No. 17. 41. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696 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. 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 Sept. 17, 2025, by the following vote, to wit: AYES: Meenes, Hubinger, Foster, Lafferty, Burrows, Fitzgerald. NAYES: None. ABSENT: Merz. ABSTAIN: None. ROY MEENES, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL STRONG, Assistant Director of Community Development