HomeMy WebLinkAbout2010-10-20; Planning Commission; Resolution 67281 PLANNING COMMISSION RESOLUTION NO. 6728
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT CDP 10-16 TO ALLOW
4 FOR THE CONSTRUCTION OF A NEW 2,453 SQUARE FOOT
5 SINGLE FAMILY RESIDENCE ON PROPERTY LOCATED AT
6485 SURFSIDE LANE WITHIN THE MELLO II SEGMENT OF
6 THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 22.
7 CASE NAME: MOORE BEACH RESIDENCE
. CASE NO.: CDP 10-16o
9 WHEREAS, Alex Faulkner, "Developer," has filed a verified application with
10 the City of Carlsbad regarding property owned by Randal Moore, "Owner," described as
11 Lot 6 in Block 24 of La Costa Downs Unit No. 1 in the City of
12 Carlsbad, County of San Diego, State of California, according
to Map thereof No. 2013, filed in the Office of the County
13 recorder of San Diego County, April 6,1927
14 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal
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Development Permit as shown on Exhibits "A"-"D" dated October 20, 2010, on file in the
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Planning Department, MOORE BEACH RESIDENCE - CDP 10-16, as provided by Chapter18
19 21.201.040 of the Carlsbad Municipal Code; and
20 WHEREAS, the Planning Commission did, on October 20, 2010, hold a duly
^) \z l noticed public hearing as prescribed by law to consider said request; and
22 WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CDP.
4-4-3
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
27 Commission of the City of Carlsbad as follows:
^° A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES MOORE BEACH RESIDENCE - CDP 10-16 based on the
following findings and subject to the following conditions:
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Findings:4
. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the development consists of a new single
family dwelling unit and the development is consistent with the Mello II Land Use
designation of RM. The proposed two-story, single-family residence is consistent
7 with the surrounding development of two-story single-family structures. The two-
story residence will not obstruct views of the coastline as seen from public lands or
the public right-of-way, nor otherwise damage the visual beauty of the coastal zone.
No agricultural uses currently exist on the site, nor are there any sensitive resources
located on the property. The proposed single-family residence is not located in an
10 area of known geologic instability or flood hazard. The site is located in close
proximity to the coast but no public opportunities for coastal shoreline access are
11 available from the subject site. The residentially designated site is not suited for
water-oriented recreation activities.
IT 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 shore and
14 therefore the project will not interfere with the public's right to physical access to
the ocean and the site is not suited for water-oriented recreational activities.
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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, Standard
Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
18 Management Program (JURMP) 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.
4. The project is not located between the sea and the first public road parallel to the sea, and
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
22 Zone (Chapter 21.204 of the Zoning Ordinance).
23 5. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303(a) (construction of
one single-family residence on a legal parcel in an urbanized area) of the state CEQA
26 Guidelines. In making this determination, the Planning Director has found that the
exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this
project.
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6. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
2 . of the Land Use Plan, certified September 1990 and, therefore, is not subject to the
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
3 Ordinance).
4 7. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 22, 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
7 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,
9 a. The project has been conditioned to provide proof from the Carlsbad Unified School
10 District that the project has satisfied its obligation for school facilities.
11 b. Park-in-Iieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to issuance of building permit.
c. 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.
The Planning Commission finds that the project, as conditioned herein, is in
ic conformance with the Elements of the City's General Plan based on the facts set forth in
the staff report dated October 20, 2010 including, but not limited to the following: The
16 project site has a General Plan Land Use designation of RM (Residential Medium
Density). The RM Land Use designation allows development of single-family
1' residences at a density of 4-8 dwelling units per acre with a Growth Management
Control Point (GMCP) of 6 dwelling units per acre. At the RLM GMCP, 0.66
dwelling units would be permitted on this 0.11 acre (net developable) property. One
19 single-family dwelling unit is guaranteed pursuant to the following General Plan
provision: "Notwithstanding the density provisions and intent of each residential
20 land use designation, a one-family dwelling shall be permitted on any legal lot that
existed as of October 28, 2004." The subject lot was legally created prior to October
28, 2004; therefore development of a one-family dwelling is consistent with the RM
22 General Plan Land Use designation.
. The Planning Commission finds that the project, as conditioned herein, is in conformance
with the La Costa Downs Specific Plan (SP 201) based on the facts set forth in the staff
24 report dated October 20, 2010 including, but not limited to the following: The proposed
development is in compliance with all applicable development standard regulations
25 of SP 201 including setbacks, building height and lot coverage. The project is in
compliance with all applicable design standard regulations of SP 201 through the
use of off-set building planes on the front and rear elevations; the use of interesting
facade treatments including a recessed lower floor with light grey colored stucco
finish and a decorative metal gate and wood columns at the covered gated entryway;
28 use of a decorative textured materials (including red cedar siding, exposed wood
PC RESO NO. 6728 -3-
rafter tails, and large glass windows); and a standing seam metal roof with proposed
2 skylights, and a large balcony/deck at the rear of the property.
3 10. 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
4 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.
... Conditions:o
7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permits.
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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
IQ 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
11 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
i T 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.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
15 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
17 development, different from this approval, shall require an amendment to this approval.
18 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
2Q 4. If any conditions 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
21 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
22 invalid unless the City Council determines that the project without the condition complies
„_ with all requirements of law.
24 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
25 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,
27 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
28 (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
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facility of electromagnetic fields or other energy waves or emissions. This obligation
2 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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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.
7. Developer shall include, as part of the plans submitted for any permit plancheck, a
6 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 School District that this project has satisfied its obligation to provide
9 school facilities.
10 9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 22 Local Facilities Management Plan and any amendments made to
11 that Plan prior to the issuance of building permits.
12 10. Building permits will not be issued for this project unless the local agency providing
13 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
14 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.
Ig 11. 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
17 Section 21.201.210 of the Zoning Ordinance.
1^ 12. 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
20 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 22, pursuant to Chapter 21.90. All such
21 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.22
23 13. Prior to the issuance of building permits, the Developer shall pay to the City an
inclusionary housing impact fee as an individual fee on a per market rate dwelling unit
24 basis in the amount in effect at the time, as amended by City Council Resolution from
time to time.
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~, 14. Prior to the issuance of building permits, the Developer shall submit an acoustical
analysis which demonstrates that the architectural plans comply with the State of
27 California interior noise standard of 45 dBA CNEL. The architectural plans shall
incorporate any additional measures (thicker glazing, sound absorption material, shielding
28 of vents, or artificial circulation system) to attenuate the noise to an acceptable level.
Where windows are required to be unopened or kept closed in order to meet the interior
PC RESO NO. 6728 -5-
noise standards, mechanical ventilation and cooling, if necessary, shall be provided to
2 maintain a habitable environment. The system shall supply two air changes per hour to
each habitable room including 20% (one-fifth) fresh make-up air obtained directly from
3 the outdoors. The fresh air inlet duct shall be of sound attenuating construction and shall
consist of a minimum of ten feet of straight or curved duct or six feet plus one sharp 90
degree bend.
15. Prior to the issuance of building permits, the Developer shall prepare and record a notice
6 that this property may be subject to noise impacts from Carlsbad Boulevard, San Diego
Northern Railroad, and the McClellan Palomar Airport in a manner meeting the approval
of the Planning Director and City Attorney.
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16. Prior to the issuance of building permits, the Developer shall prepare and record a notice
9 that this property may be subject to noise and traffic impacts from the commuter rail
station in a manner meeting the approval of the Planning Director and City Attorney.
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17. Prior to the issuance of the building permits, Developer shall submit to the City a Notice
of Restriction executed by the owner of the real property to be developed. Said notice is
19 to be filed in the office of the County Recorder, subject to the satisfaction of the Planning
Director, notifying all interested parties and successors in interest that the City of
13 Carlsbad has issued a(n) Coastal Development Permit by Resolution No. 6728 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 authority to execute and record an amendment to the notice
16 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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18. Lots located in the La Costa Downs subdivision may be subject to possible odor
impacts from the Encina Sewer Plant. Accordingly, the following disclosure shall be
made: Prior to the issuance of a building permit, the owner shall prepare and record
a notice that this property may be subject to odor impacts from the Encina Sewer
20 Plant in a manner meeting the approval of the Planning Director and City Attorney.
21 Engineering;
22 Note: Unless specifically stated in the condition, all of the following conditions, upon the
23 approval of this proposed development, must be met prior to approval of a building.
24 General
25 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.
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20. Developer shall complete and submit to the city engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
developer shall also submit the appropriate Tier level Storm Water Compliance form and
PC RESO NO. 6728 -6-
appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by
2 the completed PTAF all 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.
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21. Developer is responsible to ensure that all final design plans (landscape plans, building
4 plans, etc) incorporate all source control, site design, and Low Impact Design (LID)
, facilities.
Fire:
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22. Effective January 1, 2011, all single-family residences shall have automatic fire
7 sprinkler systems installed. If a building permit is not issued prior to this date, an
automatic fire sprinkler system will be required.8
a. Code Reminders:
10 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements:
,~ 23. 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
13 permit issuance, except as otherwise specifically provided herein.
14 24. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
16 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
jo reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
20 you protest them, you must follow the protest procedure set forth in Government Code Section
?1 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
22 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
23
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,
25 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
26 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RESO NO. 6728 -7-
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on October 20, 2010, by the following
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vote, to wit:
4 "
5 and Schumacher
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NOES:
7
ABSENT: Chairperson Douglas, Commissioners Dominguez, and L'Heureux
AYES: Acting Chairperson Baker, Commissioners Montgomery, Nygaard
ABSTAIN:
Ou.
JULIE BAKERMcting Chairperson
CARLSBADJ^LANNING COMMISSION
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PCRESONO. 6728 -8-
DON NEU
Planning Director