HomeMy WebLinkAbout2014-01-15; Planning Commission; Resolution 7028
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT
PERMIT AND NONCONFORMING CONSTRUCTION PERMIT TO ALLOW
1,673 SQUARE FEET OF ADDITIONAL LIVING AREA AND A 300 SQUARE
FOOT BALCONY TO AN EXISTING 2,431 SQUARE FOOT TWO-STORY
SINGLE-FAMILY RESIDENCE LOCATED AT 5040 TIERRA DEL ORO STREET
WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM
AND LOCAL FACILITIES MANAGEMENT ZONE 3. THE PROJECT QUALIFIES
AS A CEQA GUIDELINES SECTION 15301(e)(2) - EXISTING FACILITIES,
CATEGORICAL EXEMPTION.
CASE NAME: PORTER RESIDENCE
CASE NO: CDP 13-22/NCP 13-03
WHEREAS, Brooks Worthing, “Developer,” has filed a verified application with the City
of Carlsbad regarding property owned by Joan Porter, Trustee, “Owner,” described as
Lot 7 of Tierra Del Oro, in the City of Carlsbad, County of San Diego,
State of California, according to map thereof no. 3052, filed in the
Office of the County Recorder of San Diego County, February 4, 1954
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit and Nonconforming Construction Permit as shown on Exhibits “A” – “H” dated January 15, 2014,
attached hereto and on file in the Carlsbad Planning Division, CDP 13-22/NCP 13-03 – PORTER
RESIDENCE, as provided in Chapter 21.201 and 21.48 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on January 15, 2014, 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.
B) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES CDP 13-22/NCP 13-03 – PORTER RESIDENCE, based on the following findings
and subject to the following conditions:
PLANNING COMMISSION RESOLUTION NO. 7028
PC RESO NO. 7028 -2-
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Findings:
Coastal Development Permit
1. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the project site is designated for single-family residential
development, and the development consists of both interior and exterior renovations
resulting in 1,673 square feet of additional floor area to an existing 2,431 square foot two-
story single-family residence; the development does not obstruct views of the coastline as
seen from public lands or public rights-of-way or otherwise damage the visual beauty of the
coastal zone; and no agricultural activities, sensitive resources, geological instability, or
coastal access opportunities exist on this previously graded and developed site.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that there are no public recreation or access requirements for this property.
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.
Nonconforming Construction Permit
4. The expansion/replacement of the structure and/or use would not result in an adverse impact
to the health, safety and welfare of surrounding uses, persons or property in that the existing
property is currently developed with a single-family home consistent with that as permitted in
R-1 zone and is surrounded by single-family residences of similar size to the north, south, east
and west. In addition, the proposed areas of expansion comply with all current Planning,
Building and Engineering standards.
5. The area of expansion shall comply with all current requirements and development standards of
the zone in which it is located, except as provided in Subsection 21.48.050(A)(3) of this chapter
in that the proposed areas of expansion comply with current front, side, and rear yard setback
requirements, including all other development standards, such as building height and lot
coverage.
6. The expansion/replacement structure shall comply with all current fire protection and building
codes and regulations contained in Titles 17 and 18 in that a building permit issued by the City
of Carlsbad is required for the project and the building plans will be reviewed for consistency
with all applicable fire protection and building code requirements. Furthermore, the project
will undergo standard building inspection procedures during the construction of all
improvements to the site.
7. The expansion/replacement would result in a structure that would be considered an
improvement to, or complementary to and/or consistent with the character of the
neighborhood in which it is located in that the proposed renovation will significantly update
and enhance the existing architecture, creating a more visually appealing dwelling unit.
Moreover, the proposed renovated single-family residence is comparable in size and height to
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other existing single-family residences adjacent to and within the vicinity of the project site.
Therefore, the proposed project will be considered consistent with the character of the
neighborhood in which it is located.
General
8. 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 Section 15301(e)(2), Existing Facilities, of the state
California Environmental Quality Act (CEQA) Guidelines, of the state CEQA Guidelines.
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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building
permit.
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 and Nonconforming Construction Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development Permit and Nonconforming Construction 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
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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 and Nonconforming
Construction 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 Planning Division a reproducible 24” x 36,” mylar copy of the Site
Plan reflecting the conditions approved by the final decision-making body.
7. 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.
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. 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.
10. 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 and Nonconforming Construction Permit by Resolution No. 7028 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.
11. 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:
General
12. 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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13. 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.
Fees/Agreements
14. 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.
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 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.
18. 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.
19. 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.
Dedications/Improvements
20. Developer shall cause owner to dedicate to the city and/or other appropriate entities for public
street & public utility purposes as shown on the site plan. The offer shall be made by a separate
recorded document. All land so offered shall be free and clear of all liens and encumbrances and
without cost to the city. Streets that are already public are not required to be rededicated.
Additional easements may be required at final design to the satisfaction of the city engineer.
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Code Reminders:
21. 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.
22. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
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 January 15, 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
NEIL BLACK, Chairperson
Chairperson Black, Commissioners Anderson, L'Heureux, Schumacher,
Scully and Segall
Commissioner Siekmann
CARLSBAD PLANNING COMMISSION
DON NEU
16 City Planner
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PC RESO NO. 7028 -7-