HomeMy WebLinkAbout2008-02-06; Planning Commission; Resolution 63711 PLANNING COMMISSION RESOLUTION NO. 6371
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT CDP 05-46 TO ALLOW
4 FOR THE DEMOLITION OF AN EXISTING 2,100 SQUARE
5 FOOT SINGLE-FAMILY RESIDENCE AND THE
CONSTRUCTION OF A NEW 6,755 SQUARE FOOT SINGLE-
6 FAMILY RESIDENCE, SWIMMING POOL AND SPA ON
PROPERTY LOCATED AT 5015 TIERRA DEL ORO STREET,
7 WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES
8 MANAGEMENT ZONE 3.
9 . CASE NAME: MOSS RESIDENCE
CASE NO.: CDP 05-46
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WHEREAS, Steve Moss, "Developer," has filed a verified application with the
City of Carlsbad regarding property owned by Steven H. Moss and Janet E. Moss, "Owners,"
13 described as
14 Lot 15, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 3052, filed in the
Office of the County Recorder of San Diego County, February
16 4,1954
17 ("the Property"); and
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Development Permit as shown on Exhibits "A" - "J" dated February 6, 2008, on file in the
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WHEREAS, said verified application constitutes a request for a Coastal
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Planning Department, MOSS RESIDENCE - CDP 05-46, as provided by Chapter 21.201.040
~~ of the Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did, on February 6, 2008, hold a duly
24 noticed public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CDP.
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1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.4
c B) That based on the evidence presented at the public hearing, the Commission
APPROVES MOSS RESIDENCE - CDP 05-46 based on the following
6 findings and subject to the following conditions:
7 Findings;
g
1. That the proposed development is in conformance with the Certified Local Coastal
9 Program and all applicable policies in that the project consists of demolition of an
existing single-family residence and construction of a new 6,755 square foot single-
10 family residence, swimming pool and spa on a lot designated for residential
development; no agricultural activities, sensitive resources, geological instability,
flood hazard, or coastal access opportunities exist onsite, and the development does
12 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.
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2. The proposal is in conformity with the public access and recreation policies of Chapter 3
14 of the Coastal Act in that adequate vertical public access exists within approximately
2,000 feet to the north and south of the property, the subject property was not
identified as a potential lot for future additional public access to the shoreline in the
16 Local Coastal Program. However, the project is conditioned to dedicate a lateral
public access easement with a minimum width of 25 feet of dry sandy beach at all
17 times of the year to the California Coastal Commission or their designee as agreed
to with the California Coastal Commission.18
jo 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
20 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance,
Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban
21 Runoff Management Program (JURMP) to avoid increased urban runoff,
~~ pollutants, and soil erosion. While steep slopes are located on the western half of the
property, none of the slopes meet the criteria necessary to restrict development, i.e.,
23 the 40% slope areas proposed for development have elevation differentials less than
15 ft., consists of an area less than 10,000 sq. ft. in size, are not comprised of any
24 prominent land form features, and are not considered "dual criteria" slopes.
Furthermore, no evidence of landslide or slope instability is identified on the site,
nor is it located in an area susceptible to accelerated erosion, floods, or liquefaction.
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4. The project is consistent with the provisions of the Coastal Shoreline Development
27 Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that vertical access exists
within approximately 2,000 feet to the north and south of the project. The site is
2° currently developed with an existing single-family home, and has not historically
been used for vertical access. No vertical access is warranted based upon the
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ordinance criteria. However, the project is conditioned to dedicate a lateral public
2 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
3 the California Coastal Commission. A geotechnical analysis of the project site was
prepared, which identified the location of the bluff face between elevations 15 and
20 feet MSL. The analysis concluded that the proposed development will have no
r adverse affects on the stability of the coastal slope, and based on the current shore
protection measures and estimated recession rate, it was concluded that the
6 proposed pool and residence will be protected throughout the life span (75 years) of
the project. The project has been conditioned to restrict any new development from
7 encroaching further seaward then the 20 foot elevation contour line in order to
insure that no excavation, grading, or deposit of natural materials is placed on the
beach or the bluff face. The proposed residential structure has been designed with
9 attractive architectural features, which are compatible with the surrounding
development and the natural environment. The proposed buildings, structures, and
10 landscaping have been located so as to preserve to a degree feasible, ocean views as
may be visible from the nearest public street. The proposed landscape has been
designed to use an efficient irrigation system and eliminate dry weather flow. The
12 project adheres to all coastal "stringline" setback requirements for the placement of
new structures and balconies.
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5. That the Planning Director has determined that the project belongs to a class of projects
14 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
15 preparation of environmental documents pursuant to Section 15303(a) (construction of a
I/- single-family residence in an urbanized area) of the state CEQA Guidelines. In
making this determination, the Planning Director has found that the exceptions listed in
17 Section 15300.2 of the state CEQA Guidelines do not apply to this project.
18 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
19 provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
2Q Ordinance).
21 7. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 3, and all City public facility policies and
22 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
24 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.
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8. The Planning Commission has reviewed each of the exactions imposed on the Developer
26 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.
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Conditions;
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
3 grading permit or building permit, whichever occurs first.
4 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
e 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
6 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
7 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
9 or a successor in interest by the City's approval of this Coastal Development Permit.
10 2. 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.
j2 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
14 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
\ g 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
17 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.
19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
21 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
23 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
24 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
25 approval is not validated.
27 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
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7. Developer shall include, as part of the plans submitted for any permit plancheck, a
2 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
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8. 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.
6 9. 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
7 Plan prior to the issuance of building permits.
10. Building permits will not be issued for this project unless the local agency providing
9 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
10 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.
12 11. This approval is subject to all conditions of AV 07-03 as approved by the Planning
Director on January 4, 2008.
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12. 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
Section 21.201.210 of the Zoning Ordinance.
16 13. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
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14. Developer 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
20 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
21 approval will not be consistent with the General Plan and shall become void.
22 15. Developer shall submit to the City a Notice of Restriction executed by the owner of the
23 real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
24 parties and successors in interest that the City of Carlsbad has issued a Coastal
Development Permit by Resolution No. 6371 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 Planning Director has the
27 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.
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16. Developer shall submit and obtain Planning Director 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 as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
18. Pursuant to Carlsbad Municipal Code Section 21.203.040 (Coastal Resource
Protection Overlay Zone), detached residential homes, when located within two
hundred feet of an Environmentally Sensitive Area, coastal bluffs or rocky
intertidal areas, shall be required to use efficient irrigation systems and landscape
designs or other methods to minimize or eliminate dry weather flow. The Final
Landscape and Irrigation Plans shall address these requirements as approved by
19. The Final Landscape Plans shall show all slope areas planted in accordance with the
slope re-vegetation requirements as outlined in the City of Carlsbad Landscape
Manual.
20. The project site is located in an area that may contain soil material that is suitable for
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beach sand replenishment as defined in the Carlsbad Opportunistic Beach Fill program
15 (COBFP) adopted by the Planning Commission on May 17, 2006 (SUP 04-13). Prior to
the issuance of a grading permit, and as a part of the grading plan preparation, the
developer shall test the soil material to be exported from the project site to determine the
materials suitability for sand replenishment pursuant to the requirements of the COBFP.
If the material is deemed suitable for beach replenishment the developer is encouraged to
comply with the process outlined in the COBFP to transport and place the beach quality
, Q material on the beach site identified in the COBFP.
21. Prior to issuance of a building permit, the developer shall record a deed
restriction/waiver of public liability in compliance with the requirements of
Municipal Code Section 21.204.120 (Coastal Shoreline Development Overlay Zone).
22 22. 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
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24 n or their designee as agreed to with the California Coastal Commission.25
23. To avoid impact to the bluff face, no new development, grading, excavation, or
deposit of natural materials shall occur further seaward of elevation 20 foot MSL.
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24. The "stringlines" that were established for the proposed project are based on the
approved Riley Residence (CDP 06-05, Planning Commission Resolution No. 6231)
project located on the adjacent vacant parcel to the north. To be consistent with the
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Coastal Shoreline Development Overlay Zone, building permits for the proposed
2 project shall not be issued until the building permits have been issued for the
construction of the Riley Residence. Alternatively, the building shall be modified to
3 conform to the existing stringline conditions as measured from the northwest corner
of the Viola residence (5019 Tierra Del Oro Street) to the northwest corner of the
4 Constantino residence (5009 Tierra Del Oro Street). Such modifications shall be
5 shown on the building plans and subject to the approval of the Planning Director
prior to issuance of a building permit.
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25. If building permits for the new home have not been issued within two years of the
7 demolition of the existing residence, at issuance of building permits, or prior to the
approval of a final map and/or issuance of certificate of compliance for the conversion of
existing apartments to air-space condominiums, the Developer shall pay to the City an
9 inclusionary housing impact 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
10 time to time.
Engineering:
12 General
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26. Prior to hauling dirt or construction materials to or from any proposed construction site
14 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
16 27. Developer shall include rain gutters on the building plans subject to the City Engineer's
review and approval. Developer shall install rain gutters in accordance with said plans.
17 Rain gutters are required to transport roof drainage to Tierra Del Oro to the
maximum extent possible.18
19 Fees/Agreements
20 28. 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.
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29. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement regarding
23 drainage across the adjacent property.
24 30. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer for the annexation of the area
shown within the boundaries of the site plan into the existing City of Carlsbad Street
2g Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be on a
27 form provided by the City Engineer.
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Grading
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31. Based upon a review of the proposed grading and the grading quantities shown on the site
3 map, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit from the City Engineer prior to issuance of a building permit.4
c 32. Prior to issuance of a building permit, Developer shall submit shoring plan details
and associated excavation design calculations referred to in the report prepared by
6 Geotechnical Exploration, Inc. addendum, dated October 9, 2007, Job No. 07-9342.
Said shoring details shall be reviewed by a structural engineer qualified for such
review and prepared to the satisfaction of the Building Department.
8 33. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
9 City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on a
10 contour map which represents both the pre and post site grading. The plan shall be signed
by both the soils engineer and the engineering geologist, and shall be submitted on a 24"
11 x 36" mylar or similar drafting film format suitable for a permanent record.
12 34. Developer shall comply with the City's requirements of the National Pollutant Discharge
13 Elimination System (NPDES) permit and the City's Standard Urban Storm Water
Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to
14 best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
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a. All owners and tenants shall coordinate efforts to establish or work with1810 established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
20 antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
21 or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
23 containers.
c. Best Management Practices shall be used to eliminate or reduce surface pollutants
24 when planning any changes to the landscaping and surface improvements.
35. Developer shall cause property owner to process, execute and submit an executed copy to
the City Engineer for recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
27 treatment control, applicable site design and source control, post-construction permanent
Best Management Practices prior to the issuance of a grading permit or building permit,
whichever occurs first for this Project.
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36. Prior to the issuance of grading permit or building permit, whichever occurs first,
2 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
3 Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
Region of the California Regional Water Quality Control Board and City of Carlsbad
Municipal Code. The SWMP shall address measures to avoid contact or filter said
c- pollutants from storm water, to the maximum extent practicable, for the post-construction
stage of the project. At a minimum, the SWMP shall:
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a. Identify existing and post-development on-site pollutants-of-concern.
7 b. Identify the hydrologic unit this project contributes to and impaired water bodies that
could be impacted by this project.
c. Recommend source controls and treatment controls that will be implemented with this
9 project to avoid contact or filter said pollutants from storm water to the maximum
extent practicable before discharging offsite;
10 d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education on
the proper procedures for handling cleanup and disposal of pollutants.
12 e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
f. Identify how post-construction runoff rates and velocities from the site will not
13 exceed the pre-construction runoff rates and velocities to the maximum extent
practicable.
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Dedication/Improvements
37. Prior to occupancy, the developer shall repair or reconstruct existing public
improvements along the public street abutting the project site damaged by construction as
17 identified by the City Engineer. All work performed shall be in conformance with City of
Carlsbad Standards. A right of way permit is required for any work performed in the
° public right of way.
19 Utilities
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38. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
21 for connection to public facilities.
22 Code Reminders;
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The project is subject to all applicable provisions of local ordinances, including but not limited to
24 the following code requirements:
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39. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
27 40. 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
28 permit issuance, except as otherwise specifically provided herein.
PC RESO NO. 6371 -9-
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41. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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 February 6, 2008, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, Montgomery, and Whitton
JULIE B
CARLSB
ATTEST:
Chairperson
kNNING COMMISSION
DONNEU
Planning Director
PCRESONO. 6371 -10-