HomeMy WebLinkAbout2011-07-06; Planning Commission; Resolution 67801 PLANNING COMMISSION RESOLUTION NO. 6780
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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
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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
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Carlsbad Municipal Code; and
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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.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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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.
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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).
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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
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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.
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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).
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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.
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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;
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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.
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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
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.
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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 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.
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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.
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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
,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.
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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.
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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:
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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
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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.
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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.
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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:
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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.
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31. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
4 Code Section 18.04.320.
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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
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