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HomeMy WebLinkAbout2012-01-18; Planning Commission; Resolution 6857^ PLANNING COMMISSION RESOLUTION NO. 6857 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AMENDMENT CDP 10- 4 16(A) TO REVISE THE ARCHITECTURE OF A PREVIOUSLY APPROVED CDP TO ALLOW FOR THE CONSTRUCTION OF A NEW 2,032 SQUARE FOOT TWO-STORY SINGLE FAMILY 6 RESIDENCE ON PROPERTY LOCATED AT 6485 SURFSIDE LANE WITHIN THE MELLO II SEGMENT OF THE LOCAL 7 COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: MOORE BEACH HOUSE II g CASE NO.: CDP 10-16(A^ 10 WHEREAS, Alex Faulkner, "Developer," has filed a verified application with 11 the City of Carlsbad regarding property owned by Randal Moore, "Owner," described as 12 Lot 6 in Block 24 of La Costa Downs Unit No. 1 in the City of 13 Carlsbad, County of San Diego, State of California, according to Map thereof No. 2013, filed in the Office of the County 14 recorder of San Diego County, April 6,1927 15 ("the Property"); and 16 17 18 19 20 Chapter 21.201.040 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on January 18, 2012, hold a duly 22 noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 2^ relating to the Coastal Development Permit Amendment. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad, as follows: A) That the above recitations are tme and correct. WHEREAS, said verified application constitutes a request for a Coastal Development Permit Amendment as shown on Exhibits "A" - "C" dated January 18, 2012, on file in the Planning Division, MOORE BEACH HOUSE II - CDP 10-16(A), as provided by ^ B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES MOORE BEACH HOUSE II - CDP 10-16(A) based on the following findings and subject to the following conditions: 3 " 4 5 9 12 13 17 18 20 21 Findings: 1. 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 g 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. 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. 15 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay 16 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 Management Program (JURMP) to avoid increased urban mnoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the 19 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 City Planner 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 24 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303(a) (construction of 2^ one single-family residence on a legal parcel in an urbanized area) of the state CEQA 2^ Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 27 6. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X 28 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 Ordinance). PC RESO NO. 6857 -2- " The project is consistent with the Citywide Facilities and Improvements Plan, the Local 2 Facilities Management Plan for Zone 22, and all City public facility policies and ordinances. The project includes elements or has been conditioned to constmct or 3 provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational ^ facilities; libraries; govemment administrative facilities; and open space, related to the ^ project will be installed to serve new development prior to or concurrent with need. Specifically, 6 a. The project has been conditioned to provide proof from the Carlsbad Unified School 7 District that the project has satisfied its obligation for school facilities. 9 10 13 24 25 28 b. 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 conformance with the Elements of the City's General Plan based on the facts set forth in 11 the staff report dated January 18, 2012 including, but not limited to the following: The project site has a General Plan Land Use designation of RM (Residential Medium 12 Density). The RM Land Use designation allows development of single-family residences at a density of 4-8 dwelling units per acre with a Growth Management Control Point (GMCP) of 6 dwellmg units per acre. At the RLM GMCP, 0.66 14 dwelling units would be permitted on this 0.11 acre (net developable) property. One single-family dwelling unit is guaranteed pursuant to the following General Plan 15 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 16 existed as of October 28, 2004." The subject lot was legally created prior to October J y 28, 2004; therefore development of a one-family dwelling is consistent with the RM General Plan Land Use designation. 1: The Planning Commission finds that the project, as conditioned herein, is in conformance 19 with the La Costa Downs Specific Plan (SP 201) based on the facts set forth in the staff report dated October 20, 2010 including, but not limited to the following: The proposed development is in compliance with all applicable development standard regulations 21 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 22 use of varied projecting eaves with many columns and planter boxes; use of decorative textured materials and colors (including stucco, glass, and wood siding, 23 and with many different size and shapes of glass windows); and a flat roof top with a deck and a large balcony/deck at the rear of the property. The architectural design also provides many off-set building planes on most elevations. 10. 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 27 degree of exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 6857 -3- Conditions: General 1 2 3 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of ^ building permits. ^ 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 5 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 7 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 ^ issued under the authority of approvals herein granted; record a notice of violation on the g 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 10 or a successor in interest by the City's approval of this Coastal Development Permit Amendment. 11 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit Amendment documents, as 13 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. 14 Any proposed development, different from this approval, shall require an amendment to this approval. 15 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. 17 4. If any conditions for constmction of any public improvements or facilities, or the 18 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 Govemment Code 1 Section 66020. If any such condition is determined to be invalid, this approval shall be 20 invalid unless the City Council determines that the project without the condition complies with all requirements of law, 21 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 22 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 attomey's fees incurred by the City arising, directly 24 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit Amendment, (b) City's approval or issuance of any permit or action, whether 25 discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, ^6 including without limitation, any and all liabilities arising from the emission by the 27 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 28 approval is not validated. 23 PC RESO NO. 6857 -4- ^ 6. Developer shall submit to the City Planner a reproducible 24" x 36" mylar copy of the 2 Site Plan reflecting the conditions approved by the final decision-making body. 3 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing ^ format (including any applicable Coastal Commission approvals). ^ " Prior to the issuance of a building permit, the Developer shall provide proof to the 5 Director from the 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 22 Local Facilities Management Plan and any amendments made to g 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 11 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 1^ facilities will continue to be available until the time of occupancy. 13 „ 11. The applicant shall apply for and be issued building permits for this project within two 14 (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 15 16 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new constmction imposed by Carlsbad Municipal Code Section j7 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 18 Local Facilities Management Plan fee for Zone 22, 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 1^ approval will not be consistent with the General Plan and shall become void. 20 13. Prior to the issuance of building permits, the Developer shall pay to the City an 21 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 22 time to time. 14. Prior to the issuance of building permits, the Developer shall submit an acoustical 24 analysis which demonstrates that the architectural plans comply with the State of Califomia interior noise standard of 45 dBA CNEL. The architectural plans shall 25 incorporate any additional measures (thicker glazing, sound absorption material, shielding of vents, or artificial circulation system) to attenuate the noise to an acceptable 26 level. Where windows are required to be unopened or kept closed in order to meet the interior noise standards, mechanical ventilation and cooling, if necessary, shall be provided to maintain a habitable environment. The system shall supply two air changes 2g per hour to 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 PC RESO NO. 6857 -5- 27 ^ constmction and shall consist of a minimum of ten feet of straight or curved duct or six 2 feet plus one sharp 90 degree bend. 3 15. Prior to the issuance of building permits, the Developer shall prepare and record a notice that this property may be subject to noise impacts from Carlsbad Boulevard, San Diego 4 Northern Railroad, and the McClellan Palomar Airport in a manner meeting the approval ^ of the City Planner and City Attomey. 6 16. Prior to the issuance of building permits, the Developer shall prepare and record a notice that this property may be subject to noise and traffic impacts from the commuter rail 7 station in a manner meeting the approval of the City Planner and City Attomey. 17. Prior to the issuance of the building permits, Developer shall submit to the City a Notice g 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 City 10 Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Coastal Development Permit Amendment by Resolution No. 6857 on the 11 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 City 13 Planner 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 14 successor in interest. 1^ 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 17 record a notice that this property may be subject to odor impacts from the Encina Sewer Plant in a manner meeting the approval of the City Planner and City 18 Attorney. 12 Engineering: 19 20 Note: Unless specifically stated in the condition, all of the following conditions, upon the 21 approval of this proposed development, must be met prior to approval of a building. 22 General 23 19. Prior to hauling dirt or constmction materials to or from any proposed constmction site 24 within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 25 20. Developer shall complete and submit to the city engineer a Project Threat Assessment 26 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, 2^ 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 28 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. PC RESO NO, 6857 -6- 25 26 27 28 Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 21. Developer is responsible to ensure that all final design plans (landscape plans, building 2 plans, etc.) incorporate all source control, site design, and Low Impact Design (LID) facilities. 3 " 4 5 6 „ 22. Approval of this request shall not excuse compliance with all applicable sections of the 7 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. g 23. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 10 " 11 12 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on January 18, 2012, by the following NOES: 13 vote, to wit: 14 AYES: Chairperson Schumacher, Commissioners Arnold, Black, ^ ^ L'Heureux, Nygaard, Scully and Siekmann 16 17 ABSENT: 18 ABSTAIN: 19 20 21 MICHAEL SCHUMACHER, Chairperson 22 CARLSBAD PLANNING COMMISSION 23 24 ATTEST: DON NEU City Planner PC RESO NO. 6857 -7-