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HomeMy WebLinkAbout2014-09-17; Planning Commission; Resolution 7071 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE ADDITION OF 1,535 SQUARE FEET OF LIVING AREA TO AN EXISTING SINGLE-FAMILY RESIDENCE, A NEW 415 SQUARE FOOT GARAGE, A SECOND STORY DECK AND AN AT GRADE COVERED PATIO ON A .57 ACRE LOT LOCATED AT 2421 BUENA VISTA CIRCLE WITHIN THE MELLO II SEGMENT OF THE COASTAL ZONE WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: SMITH REMODEL CASE NO: CDP 14-11 WHEREAS, Craig & Carolyn Smith, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as: Lot 3 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. Excepting therefrom the Southerly 10.00 feet (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” – “R” dated September 17, 2014, attached hereto and on file in the Carlsbad Planning Division, SMITH REMODEL – CDP 14-11, as provided in Chapter 21.201 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on September 17, 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 SMITH REMODEL – CDP 14-11, based on the following findings and subject to the following conditions: PLANNING COMMISSION RESOLUTION NO. 7071 PC RESO NO. 7071 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1,535 square feet of additional floor area, a second story deck, at grade patio and 415 square feet of additional garage area to an existing 1,640 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 addition to the existing one-family home does not increase the number of units on the property and therefore no change in density is proposed or required to be analyzed. 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 no improvements encroach into areas of the slope with a 25% gradient or more. Minimum setbacks of at least 100 feet from wetlands/lagoon are maintained in order to buffer such sensitive habitat area from intrusion. 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) No improvements are proposed toward the existing slope and the existing home maintains a top of slope setback of 30 feet; C) The proposed remodel will have a unified architectural design and includes new board and shingle siding, brick veneer, exposed rafter tails, window trim and a new roof; 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 from the street; E) 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. 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 PC RESO NO. 7071 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 environmental documents pursuant to Section 15303, New Construction or Conversion of Small Structures, of the state California Environmental Quality Act (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. 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. PC RESO NO. 7071 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 10. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 11. 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. 12. 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. 7071 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. 13. 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. 14. 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. Engineering: 15. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering any private enhanced pavement located within the public right-of-way as shown on the site plan. Developer shall pay processing fees per the city’s latest fee schedule. PC RESO NO. 7071 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 feet. Public improvements shall include but are not limited to site preparation, pavement and base, sidewalk, curb and gutter, undergrounding of overhead utilities, sewer main, potable water line, fire hydrant, street light, driveway approach, design contingency, assessment district costs, plan check fees and inspection. 17. Prior to approval of any 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. 18. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California Regional Water Quality Control Board, new storm water requirements become effective near the end of 2015, which may affect the design of this project. At the time of building permit issuance, Developer shall demonstrate compliance with latest storm water requirements to the satisfaction of the city engineer. 19. 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. 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 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, all to the satisfaction of the city engineer. Code Reminders: 21. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 22. 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. 23. 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. . . . . . .