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HomeMy WebLinkAbout2011-07-06; Planning Commission; Resolution 67801 PLANNING COMMISSION RESOLUTION NO. 6780 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 11-04 TO ALLOW FOR THE 4 CONSTRUCTION OF A NEW 2,518 SQUARE FOOT, ONE- 5 STORY, SINGLE FAMILY RESIDENCE WITH ATTACHED TWO CAR GARAGE AND THE CONVERSION OF THE 6 EXISTING RESIDENCE INTO A 1,120 SQUARE FOOT GUEST HOUSE ON A 0.42-ACRE LOT LOCATED AT 431 7 TAMARACK AVENUE, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL 8 FACILITIES MANAGEMENT ZONE 1. 9 CASE NAME: CORBIN RESIDENCE CASE NO.: CDP 11-04 10 WHEREAS, Corbin, "Owner/Developer," has filed a verified application with , j the City of Carlsbad regarding property described as 13 That portion of Tract 232 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, According 14 to Map Thereof No. 1681, Filed in the Office of the County Recorder of San Diego County, December 9,1915 16 ("the Property"); and 17 . WHEREAS, said verified application constitutes a request for a Coastal 18 Development Permit as shown on Exhibits "A" - "E" dated July 6, 2011, on file in the Planning 19 Department, CORBIN RESIDENCE - CDP 11-04, as provided by Chapter 21.201.040 of the 20 Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on July 6, 2011, hold a duly noticed 23 public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the CDP. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES CORBIN RESIDENCE - CDP 11-04 based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Coastal 5 Program and all applicable policies in that the project consists of the construction of a new 2,518 square-foot single-family residence with attached two car garage and the 7 conversion of the existing residence into a 1,120 square foot guest house on a lot designated as Residential Low Medium Density (RLM), by the Mello II Land Use ° Plan. The proposed one-story dwelling unit and guest house will not obstruct views n 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 10 the site, nor are there any sensitive resources located on the property. In addition, the proposed single-family dwelling unit and guest house are not located in an area 11 of known geologic instability or flood hazards. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially-designated site is not suited for 13 water-oriented recreation activities. 14 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site is not located adjacent to the shore. Therefore, the 15 project will not interfere with the public's right to physical access to the sea and the , site is not suited for water-oriented recreation activities.16 17 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 18 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban 19 Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion; no development is proposed in areas of steep natural slopes (> 25% gradient); no native vegetation is located on the subject property; 21 and, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. 22 4. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X 23 of the Land Use Plan, certified September 1990, and therefore, is not subject to the 24 provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 25 5. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local 26 Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection 28 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the PC RESO NO. 6780 -2- project will be installed to serve new development prior to or concurrent with need. 2 Specifically, 3 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.4 r b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of a building permit. 6 6. The project is not located between the sea and the first public road parallel to the sea and, 7 therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.201 of the Zoning Ordinance). o 9 7. 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 10 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303(a) (construction of a single-family residence in a residential zone) of the state CEQA Guidelines. In making j2 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. 13 8. The Planning Commission finds that the project, as conditioned herein, is in 14 conformance with the Elements of the City's General Plan based on the facts set forth in ., the staff report dated July 6, 2011 including, but not limited to the following: The project site has a General Plan Land Use designation of RLM (Residential Low 16 Medium Density). The RLM Land Use designation allows development of single- family dwelling units at a density of 0-4 dwelling units per acre with a Growth 17 Management Control Point (GMCP) of 3.2 dwelling units per acre. At the RLM GMCP, 1.34 dwelling units would be permitted on this 0.42 acre (net developable) property. As one single family home is proposed at a density of 2.38 dwelling units 19 per acre, the project is consistent with the RLM General Plan Land Use designation. The 1 dwelling unit proposed is .34 dwelling units below the RLM Growth 20 Management yield of 1.34 dwelling units used for the purpose of calculating the City's compliance with Government Code Section 65863. However, consistent with 21 Program 3.8 of the City's certified Housing Element, all of the dwelling units which ~~ were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects, including fractional units, are 23 deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of 24 residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the regional housing need. o f\9. The Planning Commission has reviewed each of the exactions imposed on the Developer 27 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 28 degree of exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 6780 -3- Conditions; 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of 3 building permits. 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. 12 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13 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 15 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 99 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. 28 PC RESO NO. 6780 -4- 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). 3 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 school facilities. 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that 7 Plan prior to the issuance of building permits. ° 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 1 o 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 11. 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 13 basis in the amount in effect at the time, as amended by City Council Resolution from time to time. 14 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 ,t Section 21.201.210 of the Zoning Ordinance. 17 13. 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 Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such 20 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. 21 14. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of 24 Carlsbad has issued a Coastal Development Permit by Resolution No. 6780 on the property. Said Notice of Restriction shall note the property description, location of the 25 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 27 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 28 PC RESO NO. 6780 -5- 15. Prior to the issuance of building permits, the Developer shall submit an acoustical 2 analysis which demonstrates that the architectural plans comply with the State of California interior noise standard of 45 dBA CNEL. The architectural plans shall 3 incorporate any additional measures (thicker glazing, sound absorption material, shielding 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 c noise standards, mechanical ventilation and cooling, if necessary, shall be provided to maintain a habitable environment. The system shall supply two air changes per hour to 6 each habitable room including 20% (one-fifth) fresh make-up air obtained directly from the outdoors. The fresh air inlet duct shall be of sound attenuating construction and shall 7 consist of a minimum of ten feet of straight or curved duct or six feet plus one sharp 90 degree bend.5 9 16. Prior to final inspection, the existing 1,120 square foot residence shall be converted into a guest house by removing the kitchen facilities. The guest house is not to be 10 rented or otherwise used as a separate dwelling unit without the approval of a separate Minor Coastal Development Permit for the approval of a Second Dwelling 1 ] Unit. 12 Engineering: 13 Note: Unless specifically stated in the condition, all of the following conditions, upon the 14 approval of this proposed development, must be met prior to approval of a building permit. 16 General 17 17. 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. 19 18. This project is approved upon the express condition that building permits will not be 20 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 21 issuance and will continue to be available until time of occupancy. 22 Fees/Agreements 23 19. Developer shall cause property owner to execute and submit to the city engineer for 24 recordation the city's standard form Drainage Hold Harmless Agreement. 25 Grading 26 20. Developer shall comply with the city's Stormwater Regulations, latest version, and shall 27 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 28 runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or PC RESO NO. 6780 -6- devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or 2 stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 3 21. Developer is responsible to ensure that all final design plans (grading plans, landscape 4 plans, building plans, etc) incorporate all source control, site design, treatment control ~ BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. 6 22. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan 7 (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) and designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), all to the satisfaction of the city 9 engineer. 10 Improvements 23. Developer shall install the private drainage improvements, as shown on the Site , 2 Plan to the satisfaction of the city engineer. 13 Utilities 14 24. 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. Fire hydrants, if proposed, shall be considered public improvements and shall be served by j 5 public water mains to the satisfaction of the district engineer. 17 25. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities.18 , o 26. Developer shall install 1" potable water meter at location approved by the district engineer. The location of said meter shall be as shown on the Site Plan. 20 27. The developer shall install sewer lateral and clean-out at the location approved by the city 21 engineer. The location of sewer lateral shall be as shown on the Site Plan. 22 28. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 23 Section 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 24 for planning purposes only. oc Code Reminders: 26 29. The project is subject to all applicable provisions of local ordinances, including but not 27 limited to the following: 28 PC RESO NO. 6780 -7- 30. Approval of this request shall not excuse compliance with all applicable sections of the 2 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 3 31. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 4 Code Section 18.04.320. 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6780 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 July 6, 2011, by the following vote, to wit: AYES: NOES: ABSENT: JSTAIN: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Schumacher, Scully and Siekmann STEPHE>T"flAP>ffHEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6780 -9-