HomeMy WebLinkAbout2020-08-19; Planning Commission; Resolution 7380PLANNING COMMISSION RESOLUTION NO. 7380
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
AND NONCONFORMING CONSTRUCTION PERMIT TO ALLOW THE
ADDITION OF 3,145 SQUARE FEET TO AN EXISTING 2,330-SQUARE-FOOT
SINGLE-FAMILY RESIDENCE FOR A TOTAL OF 5,475 SQUARE FEET, AND
REMOVAL OF UNPERMITTED FEATURES ON THE BLUFF, LOCATED AT
5215 SHORE DRIVE WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: CLINE RESIDENCE
CASE NO: CDP 2018-0036/NCP 2018-0003 (DEV2018-0021)
WHEREAS, David Cline, "Developer/Owner," has filed a verified application with the City of
Carlsbad regarding property described as
Lot 8 of Terramar unit no. 1 in the City of Carlsbad, County of San Diego, State of California,
according to map thereof no. 2696, filed in the Office of the County Recorder of San Diego County,
September 6, 1950
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit and
a Nonconforming Construction Permit as shown on Exhibit(s) "A" -"L" dated August 19, 2020, attached
hereto and on file in the Carlsbad Planning Division, CDP 2018-0036/NCP 2018-0003 -CLINE RESIDENCE,
as provided in Chapters 21.48 and 21.201 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on August 19, 2020, hold a duly noticed public hearing
as prescribed by law to consider said request;
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) That based on the evidence presented at the public hearing, the Commission APPROVES
CDP 2018-0036/NCP 2018-0003 -CLINE RESIDENCE, based on the following findings and
subject to the following conditions:
Findings:
Coastal Development Permit, CDP 2018-0036
1. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the project site is designated for single-family residential
development and the project consists of a major remodel and a 3,145-square-foot second-story
addition to an existing single-family residence on a 0.32-acre property. The development is
consistent with the Mello II land use designation of R-4/OS. No development proposed in the
Op_f:!n Space designated portion of the site which is west of the mean high tide line. The
proposed project, which includes the addition of a second story, does not obstruct views of the
coastline as seen from public land or public right-of-way or otherwise damage the visual beauty
of the coastal zone. The project is conditioned to use transparent or semi-open fencing in the
northerly side yard where there is an opportunity to improve ocean views from the street. The
project also proposes bluff restoration by the removal of unpermitted structures. The applicant
is proposing to restore the bluff through a Mirafi Geogrid and ground cover solution. However,
the applicant is proposing to retain two of the unpermitted features, the stairway from the
residence to the beach, and the extra gunite at the base of the stairway to the beach as a means
to prevent erosion and offer public access safety during high-tides. No agricultural activities,
geological instability or coastal access opportunities exist on the previously graded and
developed site; and no sensitive biological resources exist on the site.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that while the property is located adjacent to the shore, the project will not
interfere with the public's right to physical access as there are existing vertical shoreline public
access points in close proximity of the project site located to the north on Shore Drive. The
proposal will not deny the public access to the beach in that the project is conditioned to
dedicate a lateral public access easement with a minimum width of 25 feet of dry sandy beach
at all times of the year to the California Coastal Commission or their designee as agreed to with
the California Coastal Commission.
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 development occurs within areas of natural steep slopes (;?25%); no native
vegetation is located on the subject property; and no habitable development occurs within the
100-year flood plain. A geotechnical report prepared for the project indicates that the site is not
located in an area prone to landslides or slope instability for the life of the project; and seismic
hazards, such as risk of liquefaction, tsunami and seiche, is considered low.
4. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.204 of the Zoning Ordinance) in that a) the project does not interfere with the
public's right to physical access as there are existing vertical shoreline public access points in
close proximity to the north of the project site as discussed in the project staff report; b) the
proposal does not deny the public access to the beach in that the project has been conditioned
to dedicate a lateral public access easement with a minimum width of 25 feet of dry sandy beach
at all times of the year to the California Coastal Commission or their designee as agreed to with
the California Coastal Commission; c) a geotechnical analysis and subsequent updates for the
project concluded that the proposed development will have no adverse effect on the stability
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of the coastal bluff for the life of the project and that the site is suitable for the proposed
development; d) all portions of the proposed additions, including decks and other
appurtenances, adhere to the coastal "stringline" setback requirements; e) the project proposes
an attractive architectural design that is well articulated and consistent with other adjacent
homes within the neighborhood and will continue to preserve existing ocean views from the
public street. A condition requires decorative view fencing greater than 50% open to help
preserve existing ocean views from the public street; f) the proposed remodel and additions to
the existing single-family home, to the extent feasible, retain the natural features and
topography of the site; g) the improved site has been previously graded to accommodate the
existing single-family residence.
Nonconforming Construction Permit, NCP 2018-0003
5. The expansion of the residential structure would not result in an adverse impact to the health,
safety and welfare of surrounding uses, persons or property in that the proposed additions and
remodel will not result in an additional structural nonconformity or an increase in the degree
of the existing nonconformity, and the new second story satisfies the current R-1 zone
development standards and requirements. Therefore, the additions and remodel will not result
in an adverse impact to the surrounding area.
6. The area of expansion shall comply with all current requirements and development standards of
the zone (R-1) in w.hich it is located in that the new second story complies with the front, side
and rear yard setback requirements and all other development standards including building
height and lot coverage.
7. The expansion/replacement structure shall comply with all current fire protection and building
codes and regulations contained in Titles 17 and 18 in that the project's construction drawings
will be reviewed for consistency under all applicable fire protection and building codes prior to
issuance of a building permit. Furthermore, the project will undergo standard building
inspection procedures during the construction of the addition.
8. The expansion expansion/replacement would result in a structure that would be considered an
improvement to, or complimentary to and/or consistent with the character of the neighborhood
in which it is located in that the project proposes 3,145 square feet of additions and a remodel
to the first floor of a home constructed circa 1954. The second-story additions and remodel of
the first floor improve the lot and the residence by bringing it up to current standards.
Expansions and remodels are common for the neighborhood, more specifically Shore Drive, and
complements the surrounding residences. The project also meets all applicable development
standards for the R-1 zone, including but not limited to height, setbacks, and building coverage.
General
9. The City Planner 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 preparation of environmental
documents pursuant to Sections 15301(e)(2) of the State CEQA Guidelines. More specifically,
CEQA Section 15301(e)(2), Existing Facilities, is a Class 1 exemption allowing for additions to
existing structures up to 10,000 square feet where all public services and facilities are available
to allow for the maximum development permissible under the General Plan and the area is not
environmentally sensitive. Consistent with this section, the project is proposing to remodel and
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expand one (1) existing single-family residence by not more than 3,145 square feet on a lega l
lot located within an area of the city where all public services and facilities are in place to allow
for the maximum development permissible under the General Plan, which in this case is one (1)
single-family residence. In making this determination, the City Planner has found that the
exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. In
addition to the remodel and additions, the project proposes bluff restoration by the removal of
unpermitted ~tructures. The presence of unpermitted structures, and removal of same, is fairly
common along the coast and does not represent an unusual circumstance. The bluff will be
restored through a sustainable manner by utilizing a Mirafi Geogrid and ground cover solution.
The applicant is proposing to retain the added gunite at the base of the stairway to the beach
as a means to prevent erosion and offer the public access safety during high-tides. A
geotechnical study prepared for the project concluded the project will not have adverse
geological impacts to the bluff and the site. Furthermore, the geotechnical report indicated that
retention of the added gunite is necessary for continued bluff stability since removal of the
added gunite would immediately endanger the project site and the adjacent properties to the
north and south by accelerated erosion and associated flanking of the low elevation terrace
deposits.
10. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 3 and all City public 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.
c. The Local Facilities Management fee for Zone 3 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
11. 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 proje,ct, 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 approval of a grading
permit or building permit, whichever occurs first.
General
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
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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
and Nonconforming Construction Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development Permit and Nonconforming Construction 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.
3. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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 Sectiori 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.
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 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 and Nonconforming
Construction 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.
6. 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.
7. 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.
8. 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.
9. 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 and Nonconforming
Construction Permit by Resolution No. 7380 on the property. Said Notice of Restriction shall note
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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.
10. 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.
11. Approval is granted for CDP 2018-0036, NCP 2018-0003 as shown on Exhibits "A" -"L", dated
August 19, 2020, on file in the Planning Division and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these conditions.
12. Developer/Owner shall pay the citywide Public Facilities Fee imposed by City Council Policy #17,
the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and
CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code
Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee
for Zone 3, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building
permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
13. Prior to the issuance of a building permit, the owner shall comply with the Coastal Shoreline
Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance), and dedicate a lateral
public access easement with a minimum width of twenty-five feet of dry sandy beach at all
times of the year to the California Coastal Commission or their designee as agreed to with the
California Coastal Commission.
14. Prior to the issuance of a building permit, the applicant shall submit plans that demonstrate a
minimum 5-foot wide view corridor that will be e~tablished and maintained within the required
north side yard area. Any gates or fencing across the north side yard setback area shall have a
minimum 50 percent open design which will preserve and enhance views from the public street
toward the ocean in that location. Installation of the approved fencing shall be required prior
to final inspection/occupancy.
15. Prior to the issuance of building occupancy, the owner/developer shall restore the bluff back
to a condition prior to approximately 2004, with the exception of the gunite added to the base
of the stairway which is to remain, as indicated on the approved plans. The owner/developer
shall prepare and submit grading/construction plans for approval by the city planner and city
engineer detailing how the removal of structures and bluff restoration work will take place
including but not limited to the number and types of equipment, staging areas and access, etc.
Said plans shall be included with the grading plans prior to the issuance of the grading permit.
Access for equipment and labor to the bluff worksite shall only be permitted from Shore Drive,
and shall not be allowed from the beach.
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Engineering:
General
16. 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.
17. 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.
18. 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.
19. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private fences, gates, pavers, deck and
retaining walls located over existing drainage easement as shown on the site plan. Developer
shall pay processing fees per the city's latest fee schedule.
Grading
20. 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 required 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
21. 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.
22. Developer shall complete and submit to the city engineer a Determination of Project's SW PPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SW PPP) to the satisfaction of the city engineer. Developer
shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
23. 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.
24. 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
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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 the satisfaction of the city engineer.
Dedications/Improvements
25. 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.
Utilities
26. 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.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
27. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 3 as required by Carlsbad Municipal Code Section 21.90.050.
28. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the city engineer.
29. Approval of this request shall not excuse compliance with 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.
30. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060.
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 TO APPLICANT
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
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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 August 19, 2020, by the following vote, to wit:
AYES: Chair Anderson, Commissioners Geidner, Lafferty, Luna, Meenes, Merz, and Stine
NOES:
ABSENT:
ABSTAIN:
VELYN ANDERSON, Chair
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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