HomeMy WebLinkAbout2011-10-05; Planning Commission; Resolution 68151 PLANNING COMMISSION RESOLUTION NO. 6815
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3 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
4 COASTAL DEVELOPMENT PERMIT CDP 11-15 TO ALLOW
5 FOR THE DEMOLITION OF A FOUR-CAR GARAGE AND TO
6 ALLOW THE CONSTRUCTION OF A NEW 2,938 SQUARE
FOOT, TWO-STORY SINGLE FAMILY RESIDENCE WITH
7 AN ATTACHED ONE-CAR GARAGE AND A DETACHED
8 ONE-CAR GARAGE AND BONUS ROOM ON A 0.144 ACRE
LOT LOCATED AT 150 JUNIPER AVENUE WITHIN THE
MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM
10 AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: BARELMANN JUNIPER RESIDENCE
CASE NO.: CDP 11-15
13 WHEREAS, Robert and Margaret Barelmann, "Developer/Owners," has filed
14 a verified application with the City of Carlsbad regarding property described as
16 Lot I in Block 2 of Palisades Heights, Refiled in the City of
17 Carlsbad, County of San Diego, State of California, According
to Map Thereof No. 1777, Filed in the Office of the County
Recorder of San Diego County on January 11,1924
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("the Property"); and
21 WHEREAS, said verified application constitutes a request for a Coastal
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Development Permit as shown on Exhibits "A" - "F" dated October 5, 2011, on file in the
24 Planning Department, BARELMANN JUNIPER RESIDENCE - CDP 11-15, as provided by
25 Chapter 21.201.040 of the Carlsbad Municipal Code; and26
27 WHEREAS, the Planning Commission did, on October 5, 2011, hold a duly
28 noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 BARELMANN JUNIPER RESIDENCE - CDP 11-15 based on
3 the following findings and subject to the following conditions:
Findings:
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, 1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the development consists of the demolition
7 of a four-car garage and the construction of a new two-story, single family dwelling
unit and the development is consistent with the Mello II Land Use Plan designation
of RH. The proposed two-story, single-family dwelling unit is compatible with the
surrounding one and two-story single-family and multi-family structures. The two-
10 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
13 area of known geologic instability or flood hazard. The site is not in close proximity
to the coast and therefore no public opportunities for coastal shoreline access are
available from the subject site. The residentially designated site is not suited for
water-oriented recreation activities.
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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
18 therefore the project will not interfere with the public's right to physical access to
I o the ocean and the site is not suited for water-oriented recreational activities.
20 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
21 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
23 Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
24 erosion. No natural 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.
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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
28 Zone (Chapter 21.204 of the Zoning Ordinance).
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 a
single-family residence in a residential zone) of the state CEQA 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.
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
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provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
2 Ordinance).
7. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
4 Facilities Management Plan for Zone 1, and all City public facility policies and
5 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
g project will be installed to serve new development prior to or concurrent with need.
Specifically,
10 a. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
13 collected prior to the issuance of building permit.
14 8. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan based on the facts set forth in
16 the staff report dated October 5, 2011 including, but not limited to the following: The
17 project site has a General Plan Land Use designation of RH (Residential High
Density). The RH Land Use designation allows the development of one-family
18 dwellings at a density of 15-23 dwelling units per acre with a Growth Management
19 Control Point (GMCP) of 19 dwelling units per acre. The project has a density of
7.14 dwelling units per acre which is 7.86 dwelling units below the General Plan
Land Use designation. At the RH GMCP, 2.66 dwelling units would be permitted on
21 this 0.14 acre (net developable) property. However, one single-family dwelling unit
22 is guaranteed pursuant to the following General Plan provision: "Notwithstanding
the density provisions and intent of each residential land use designation, a one-
family dwelling shall be permitted on any legal lot that existed as of October 28,
24 2004." The subject lot was legally created prior to October 28, 2004; therefore
development of a one-family dwelling is consistent with the RH General Plan Land
Use designation. The one dwelling unit proposed is 1.66 dwelling units below the RH
26 Growth Management yield of 2.66 dwelling units used for the purpose of calculating
27 the City's compliance with Government Code Section 65863 and 7.86 units below
-„ the lower range of the General Plan Land Use designation. However, consistent with
Program 3.2 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
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
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.
9. 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
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to mitigate impacts caused by or reasonably related to this project, and the extent and the
2 degree of exaction is in rough proportionality to the impact caused by the project.
Conditions:
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5 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
, building permits.
7 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
g implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
10 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
* 2 conditions or seek damages for their violation. No vested rights are gained by Developer
13 or a successor in interest by the City's approval of this Coastal Development Permit.
14 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
16 them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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19 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.
21 4. If any conditions for construction of any public improvements or facilities, or the
22 payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this
Project are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid, this approval shall be
24 invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
26 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
27 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Coastal Development
Permit, (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
6. 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
2 format (including any applicable Coastal Commission approvals).
4 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
5 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
7 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 Plan prior to the issuance of building permits.
10 10. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
13 facilities will continue to be available until the time of occupancy.
14 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
16 Section 21.201.210 of the Zoning Ordinance.
17 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
18 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
19 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
21 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
22 approval will not be consistent with the General Plan and shall become void.
o-j 13. Prior to the issuance of building permits, the Developer shall pay to the City an
24 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 amended by City Council Resolution from
time to time.
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27 14. 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
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
Carlsbad has issued a Coastal Development Permit by Resolution No. 6815 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
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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Engineering:
2
3 Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed development, must be met prior to approval of a building permit.
5 General
15. 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
8 for the proposed haul route.
9 16. This project is approved upon the express condition that building permits will not be
10 issued for the development of the subject property, unless the district engineer has
determined that adequate water and sewer facilities are available at the time of permit
issuance and will continue to be available until time of occupancy.
13 Fees/Agreements
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17. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
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17 18. 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 Lighting
19 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 form
provided by the city engineer.
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22 19. Prior to issuance of building permits, or grading permit, whichever occurs first, developer
shall cause owner to execute, for recordation, a city standard Local Improvement District
Agreement to pay fair share contributions for undergrounding of all existing overhead
24 utilities and installation of street lights, as needed, along the subdivision frontage, should
25 a future district be formed.
26 Grading
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20. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for minor grading is required for this project. Developer shall
prepare and submit a minor grading plan as part of the building plan check submittal
package. Developer shall submit technical studies/reports, as applicable, for city
engineer review, and shall pay a minor grading plan review fee per the city's latest fee
schedule.
21. Developer shall apply for and obtain a minor grading permit from the city engineer.
Developer shall pay all applicable grading permit fees per the city's latest fee schedule
and shall post security per City Code requirements.
22. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
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but are not limited to pollution control practices or devices, erosion control to prevent silt
2 runoff during construction, general housekeeping practices, pollution prevention and
3 educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall
5 notify prospective owners and tenants of the above requirements.
6 23. 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
appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by
the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all
10 applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
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24. Developer shall incorporate measures with this project to comply with Standard
Stormwater Requirements per the city's Standard Urban Stormwater Management Plan
13 (SUSMP). These measures include, but are not limited to: 1) reducing the use of new
14 impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to
discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash
enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer.
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17 25. Developer shall design all proposed public improvements including but not limited to
(sewer laterals, driveways, water services/meters, curb drains, etc.) as shown on the site
plan. Developer shall apply for and obtain a right-of-way permit prior to performing work
19 in the city right-of-way.
20 Utilities
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22 26. Developer shall meet with the fire marshal to determine if fire protection measures (fire
flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
hydrants, if proposed, shall be considered public improvements and shall be served by
24 public water mains to the satisfaction of the district engineer.
25 27. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
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Code Reminders;
Note: The project is subject to all applicable provisions of local ordinances, including but not
limited to the following code requirements:
28. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
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 for
planning purposes only.
29. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
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30. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
2 Code Section 18.04.320.
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31. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as
required by Council Policy No. 17.
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6 NOTICE
7 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
9 "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
1 you protest them, you must follow the protest procedure set forth in Government Code Section
12 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
14 annul their imposition.
15 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,
17 zoning, grading, or other similar application processing or service fees in connection with this
I o 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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on October 5, 2011, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
Scully, Schumacher and Siekmann
STEPHEN "HAP" L^TEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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