HomeMy WebLinkAbout2014-04-02; Planning Commission; Resolution 7037
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING OF A COASTAL DEVELOPMENT
PERMIT TO ALLOW FOR THE ADDITION OF 977 SQUARE FEET OF LIVING
AREA TO AN EXISTING SINGLE-FAMILY RESIDENCE AND A 268 SQUARE
FOOT ADDITION TO AN EXISTING GARAGE ON A .43 ACRE LOT LOCATED
AT 2371 BUENA VISTA CIRCLE WITIHN THE MELLO II SEGMENT OF THE
COASTAL ZONE IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: TAYLOR REMODEL
CASE NO: CDP 13-27
WHEREAS, David Taylor, “Developer/Owner,” has filed a verified application with the
City of Carlsbad regarding property described as:
Lot 8 of Buena Vista Gardens, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 2492, filed in
the Office of the County Recorder of San Diego County, August 4, 1948
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibits “A” – “L” dated April 2, 2014, attached hereto and on file in the Carlsbad
Planning Division, TAYLOR REMODEL – CDP 13-27, as provided in Chapter 21.201 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on April 2, 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 Commission APPROVES
TAYLOR REMODEL – CDP 13-27, based on the following findings and subject to the
following conditions:
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PLANNING COMMISSION RESOLUTION NO. 7037
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Findings:
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 977 square feet of additional floor area and 268 square feet of additional garage
area to an existing 2,483 square foot single-family residence; the development does not
obstruct views of the coastline as seen from public lands or public right-of-ways or otherwise
damage the visual beauty of the coastal zone; and no agricultural activities, sensitive
resources, geological instability, or coastal access opportunities exist on the previously
developed site. The subject site has an LCP Land Use Plan designation of Residential Low
Medium (RLM), which allows for a density of 0-4 du/acre and 3.2 du/acre at the Growth
Management Control Point (GMCP). The project density of 3.0 du/ac is consistent with the
RLM General Plan Land Use designation as discussed in the staff report. Therefore the project
is consistent with the Mello II Segment of the LCP.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the project has been conditioned to dedicate an irrevocable 25 foot wide
lateral access easement along the Buena Vista Lagoon to the California Coastal Commission or
their designee as agreed to with the California Coastal Commission.
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 exterior improvements encroach into
areas of the slope with a 25% gradient or more, the slope is not in its natural state as the
descending rear slope consists of fill soils varying in thickness from a few feet on the slope
face to at least five (5) feet at the top of portions of the slope (Geotechnical Exploration, Inc.,
October 17, 2013). Furthermore, the slope is planted with established non-native, ornamental
ground cover which assists in deterring soil erosion. Minimum setbacks of at least 100 feet
from wetlands/lagoon shall be required in all development, in order to buffer such sensitive
habitat area from intrusion. Although, in the event that a wetland area is bordered by steep
slopes (in excess of 25%) which will act as a natural buffer to the habitat area, a buffer area of
less than 100 feet in width may be permitted. The subject property contains slopes in excess
of 25% along areas adjacent to the Buena Vista Lagoon. While the project does not require a
grading permit, construction of 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 run-off, pollutants and soil erosion.
4. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.204) in that A) the project has been conditioned to dedicate an irrevocable 25’
wide lateral access easement along the Buena Vista Lagoon to the California Coastal
Commission; B) A geotechnical analysis for the project was prepared by Geotechnical
Exploration, Inc., on October 17, 2013. The analysis concluded that the proposed crib walls
can be built without additional earthwork beyond the wall toe and with minimal disturbance
to the slope. The slope is considered to be stable and shows no signs of erosion or gross
instability; C) The proposed remodel has been designed to match the existing home with a
mid-century modern architectural style. The remodel continues the use of stucco, low-pitched
roofs, and exposed rafter tails, which is compatible with the surrounding development and
natural environment; D) The project design is consistent with the surrounding development
on Buena Vista Circle and the proposed remodel complies with applicable side yard setback
requirements, which will, to the extent feasible, continue to preserve existing lagoon views
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from the street; E) The proposed crib walls are designed to be terraced, minimizing the height
of the wall and any required earthwork; F) The site has been previously graded to
accommodate the existing home. Any dirt movement will be done by small equipment for
flatwork and drainage purposes; and G) The project adheres to all coastal “stringline” setback
requirements. The existing deck has established the “stringline” for this property, and the
proposed crib walls adhere to this requirement.
5. 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.
6. 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)(1), Existing Facilities, of the state
California Environmental Quality Act (CEQA) Guidelines, of the state CEQA Guidelines.
Conditions:
General
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.
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.
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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 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 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 1 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 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 Conditional
Use Permit by Resolution No. 7037 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.
12. Prior to the issuance of the building permit, Developer shall dedicate an irrevocable 25’ wide
lateral access easement along the Buena Vista Lagoon to the California Coastal Commission or
their designee as agreed to with the California Coastal Commission.
. . .
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Engineering:
General
13. 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.
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. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement
with the city on a city standard form for the future public improvement of Buena Vista Circle
along the property frontage for a half street width of twenty (20)-feet. Public improvements
shall include but are not limited to base material, paving, curb, gutter, sidewalk and
undergrounding or relocation of utilities.
17. 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
18. Based upon a review of the proposed project, a minor grading permit for this project is required.
19. Developer shall apply for and obtain a grading permit from the city engineer. Developer shall
pay all applicable grading permit fees per the city’s latest fee schedule.
20. 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 future owners and/ or tenants of the above
requirements.
21. Developer is responsible to ensure that all final design plans (grading plans, landscape plans,
building plans, etc.) incorporate all source control, site design, and Low Impact Design (LID)
facilities.
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22. 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 reducing the use of new impervious surfaces (e.g.:
paving) and designing drainage from impervious surfaces to discharge over pervious areas (e.g.:
turf, landscape areas to the satisfaction of the city engineer.
Utilities
23. Developer shall meet with the fire marshal to determine fire protection measures (fire flows,
fire hydrant locations, building sprinklers) required to serve the project. Fire hydrants, if
required, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
24. Developer shall design and construct public facilities (if any) within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the
discretion of the district or city engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
25. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
26. Developer shall install or upgrade potable water service and meter at a location as required and
approved by the district engineer.
Code Reminders:
27. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
28. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
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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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 me'eting of the Planning Commission of
the City of Carlsbad, California, held on April 2, 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
NEIL BLACK, Chairperson
Chairperson Black, Commissioners Anderson, L'Heureux, Scully, Segall
and Siekmann
CARLSBAD PLANNING COMMISSION
ATIEST:
~7l
DON NEU
.City Planner
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