HomeMy WebLinkAbout2013-07-17; Planning Commission; Resolution 6990
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE DEMOLITION OF AN EXISTING SINGLE-FAMILY
RESIDENCE AND A DETACHED GARAGE AND THE
CONSRUCTION OF A 2,488 SQUARE FOOT SINGLE-
FAMILY RESIDENCE WITH DETACHED TWO-CAR GARAGE ON A .14 ACRE LOT ON PROPERTY LOCATED AT 168 MAPLE AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: LEWIS RESIDENCE
CASE NO: CDP 13-04 WHEREAS, Barbara O’Brien Lewis Trust, “Developer/Owner,” has filed a
verified application with the City of Carlsbad regarding property described as
Lot 10, Block C, in the City of Carlsbad, in the County of San Diego, State of California, according to map thereof No. 1747, filed in the Office of the County Recorder of San Diego County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” – “I” dated July 17, 2013, attached hereto and
on file in the Carlsbad Planning Division, LEWIS RESIDENCE – CDP 13-04, as provided in
Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on July 17, 2013, hold a duly 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 Coastal Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
PLANNING COMMISSION RESOLUTION NO. 6990
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES LEWIS RESIDENCE – CDP 13-04, 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
Program and all applicable policies in that the development consists of the construction of a new single-family dwelling unit on a previously developed lot and 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-story dwelling unit 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 previously developed site, nor are there any sensitive resources located on the property. In addition, the proposed single-family dwelling
unit is not located in an area 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 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 project is not located adjacent to the shore and therefore
the project will not interfere with the public’s right to physical access to the sea and the site is not suited for water-oriented recreational activities.
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 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 provision of the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance).
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
environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Sections 15301(l)(1) demolition of a single family residence and 15303 (a) construction of a single family residence of
the state CEQA 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.
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
Ordinance).
7. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
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
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
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, 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
collected prior to the issuance of building permit.
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
the staff report dated July 17, 2013 including, but not limited to the following: The project site has a Residential High Density (RH) General Plan Land Use designation. The RH Land Use designation allows the development of two-family,
multiple-family and one-family dwellings at a density of 15-23 dwelling units per
acre with a Growth Management Control Point (GMCP) of 19 dwelling units per
acre. The project has a density of 7.14 dwelling units per acre which is below the lower range of the General Plan Land Use designation. At the RH GMCP, 2.66 dwelling units would be permitted on this 0.14 acre (net developable) property.
However, one single-family dwelling unit is guaranteed pursuant to the following
General Plan Land Use 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, 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 Growth Management
Control Point yield of 2.66 dwelling units used for the purpose of calculating the City’s compliance with Government Code Section 65863. However, consistent with 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
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
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
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Conditions:
General
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
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
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 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.
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. Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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.
4. If any condition 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 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 invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
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 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 City Planner 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
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified 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 Plan prior to the issuance of building permits.
10. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
11. 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 City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad
has issued a Coastal Development Permit by Resolution No. 6990 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 City 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 successor in interest.
12. 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
facilities will continue to be available until the time of occupancy.
13. If building permits are not issued within 24 months of the date of this approval, the Developer will be subject to an inclusionary housing impact fee.
Engineering:
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 grading permit or building permit whichever occurs first
General
14. 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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Fees/Agreements
15. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
16. 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 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.
Grading
17. 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.
18. Developer shall comply with the city's Stormwater Regulations, latest version, and shall 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
runoff during construction, general housekeeping practices, pollution prevention and
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 notify prospective owners and tenants of the above requirements.
19. Developer is responsible to ensure that all final design plans (grading plans, improvement
plans, landscape plans, building plans, etc.) incorporate all source control, site design, and Low Impact Design (LID) facilities.
20. Developer shall incorporate measures with this project to comply with Standard
Stormwater Requirements per the city’s Standard Urban Stormwater Management Plan
(SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving) and two designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas, all to the satisfaction of the
city engineer.
21. The California Regional Water Quality Control Board has issued a new Municipal Permit
that governs storm water designs for new and re-development projects in the San Diego region. This project will be subject to the stormwater requirements of that permit and
will be required to satisfy the most current storm water standards per the city’s Standard
Urban Stormwater Management Plan (SUSMP) and state water quality regulations.
22. Developer shall design all proposed public improvements including but not limited to
driveways, sidewalk, water services/meters, curb drains, etc. as shown on the site plan.
These improvements shall be shown as a Construction Change to an existing record
public improvement drawing to the satisfaction of the city engineer. Developer shall pay
plan check and inspection fees using improvement valuations in accordance with the
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city’s current fee schedule. Developer shall apply for and obtain a right-of-way permit
prior to performing work in the city right-of-way.
Utilities 23. Developer shall meet with the fire marshal to determine what fire protection measures
(building sprinklers, water service size and water meter size) are required to serve the
project.
Standard Code Reminders: 24. 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. 25. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
26. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the City Planner
prior to installation of such signs.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the
Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review.
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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 17, 2013, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners Anderson, Black,
L'Heureux, Schumacher and Segall
Commissioner Scully
':KrWi /\ S~c~~
KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
\t~
DONNEU
18 City Planner
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