HomeMy WebLinkAbout2013-12-04; Planning Commission; Resolution 7027
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT
CDP 13-25 TO ALLOW FOR THE CONSTRUCTION OF A NEW 3,780
SQUARE FOOT SINGLE FAMILY RESIDENCE AND ATTACHED THREE CAR
GARAGE WITHIN THE CITY’S COASTAL ZONE LOCATED AT 4419 PARK
DRIVE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM
AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. 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
SECTION 15303 (A) CONSTRUCTION OF A SINGLE FAMILY RESIDENCE OF
THE STATE CEQA GUIDELINES.
CASE NAME: 4419 PARK DRIVE
CASE NO: CDP 13-25
WHEREAS, Phil Gaitaud, “Developer,” has filed a verified application with the City of
Carlsbad regarding property owned by Renee Gaitaud, “Owner,” described as
Parcel 1 of Parcel Map No. 18186, MS 95-02 Gaitaud Minor
Subdivision, in the City of Carlsbad, County of San Diego, State of
California, filed in the Office of the County Recorder of San Diego
County, December 30, 1998
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibits “A” – “F” dated December 4, 2013, attached hereto and on file in the
Carlsbad Planning Division, 4419 PARK DRIVE – CDP 13-25, as provided by Chapter 21.201.040 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on December 4, 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:
PLANNING COMMISSION RESOLUTION NO. 7027
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A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
4419 PARK DRIVE – CDP 13-25, 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 graded lot and is consistent with the Mello II Land Use
Plan designation of RLM. 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 graded site, nor are there any sensitive
resources located on the developable portion of 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 developable portion of 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 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 provisions of the
Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance).
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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
December 4, 2013 including, but not limited to the following: The project site has a Residential
Low Medium Density (RLM) General Plan Land Use designation. The RLM Land Use
designation allows the development of one-family dwellings at a density of 0-4 dwelling units
per acre with a Growth Management Control Point (GMCP) of 3.2 dwelling units per acre. The
project site has a net area of 0.22 acres and at the RLM GMCP, 0.70 dwelling units are
allowed. The proposed project (1 dwelling unit on 0.22 acres) has a density of (4.54 du/acre)
that is .30 dwelling units above the RLM GMCP density. However, the General Plan Land Use
Element includes a policy that allows a one-family dwelling to be permitted on any legal
residentially designated lot that existed as of October 28, 2004. The project lot was created in
December 30, 1998 and complies with the policy. Consistent with the General Plan and Policy
No. 43, .30 DU will be withdrawn from the City’s excess dwelling unit bank. Because the
project density exceeds the GMCP, it is subject to City Council Policy No. 43 regarding the Excess
Dwelling Unit Bank. The project proposes a withdrawal of 0.30 excess dwelling units from the
excess dwelling unit bank. The policy recognizes bank allocations are necessary for projects that
must meet minimum densities used to determine compliance with housing element law.
Nevertheless, a request for an allocation requires findings to be made.
In approving a request for an allocation of excess dwelling units, the following three findings
must be made:
1) That the project location and density are compatible with existing adjacent residential
neighborhoods and/or nearby existing or planned uses in that the project is located
within a one-family residential neighborhood which has a Residential Low Medium
(RLM) General Plan Land Use designation and R-1-15000 zone that consists
predominantly of detached single family dwellings that are approved at a similar
density (0 – 5 du/ac) as the density of the proposed project (4.54 du/ac), and
therefore the project is compatible with existing adjacent residential properties in the
neighborhood; and
2) That the project location and density are in accordance with the applicable provisions of
the General Plan and any other applicable planning document in that the project’s
location and density described above are in accordance with the applicable provisions
of the General Plan for the RLM Land Use designation; and
That the project complies with the findings stated in the General Plan Land Use Element for
projects that exceed the GMCP for the applicable density range in that a) there have been
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sufficient developments in the northwest quadrant that have developed at densities below
the Growth Management Control Point (GMCP) such that the allocation of 0.3 dwelling units
would not result in exceeding the quadrant limit, b) the project is conditioned to pay the
appropriate fees to comply with City’s Growth Management Program, and c) the City’s public
facilities plans will not be adversely impacted as the allocation of 0.3 units has already been
analyzed and anticipated within the northwest quadrant.
9. The Planning Commission hereby finds that all development in Carlsbad benefits from the
Habitat Management Plan, which is a comprehensive conservation plan and implementation
program that will facilitate the preservation of biological diversity and provide for effective
protection and conservation of wildlife and plant species while continuing to allow compatible
development in accordance with Carlsbad’s Growth Management Plan. Preservation of wildlife
habitats and sensitive species is required by the Open Space and Conservation Element of the
City’s General Plan which provides for the realization of the social, economic, aesthetic and
environmental benefits from the preservation of open space within an increasingly urban
environment. Moreover, each new development will contribute to the need for additional
regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu
Mitigation Fee imposed on all new development within the City is essential to fund
implementation of the City’s Habitat Management Plan.
10. 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.
Conditions:
General
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
building or grading permit whichever comes first.
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.
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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.
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 a 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. 7027 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. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits to
wildlife, as documented in the City’s Habitat Management Plan and the environmental analysis
for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee
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consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No.
2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species.
The Developer is further aware that the City has determined that all projects will be required to
pay the fee in order to be found consistent with the Habitat Management Plan and the Open
Space and Conservation Element of the General Plan. Developer or Developer’s successor(s) in
interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or
building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid,
this project will not be consistent with the Habitat Management Plan and the General Plan and
any and all approvals for this project shall become null and void.
13. Prior to the issuance of building permits, the Developer shall pay to the City an inclusionary
housing in-lieu 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.
14. 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.
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 building permit.
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 for the
proposed haul route.
16. This project is approved upon the express condition that building permits will not be 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.
17. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
Fees/Agreements
18. Developer shall cause property owner to execute and submit to the city engineer for
recordation, the city’s standard form Geologic Failure Hold Harmless Agreement.
19. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
Grading
20. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a minor grading permit for this project is required. Developer shall process grading plans via the
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building permit process. Technical studies/reports may be required subject to the city engineer’s
review. Developer shall pay all applicable grading plan check and permit fees per the city’s
latest fee schedule.
21. 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.
22. 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 applicable SWPPP plan review and
inspection fees per the city’s latest fee schedule.
23. 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), 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.
Utilities
24. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
25. 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.
26. 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.
27. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
28. 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.
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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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on December 4, 2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Chairperson Siekmann, Commissioners Anderson, Black, Schumacher,
Scully and Segall
Commissioner L'Heureux
KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
DON NEU
City Planner
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