HomeMy WebLinkAbout2014-12-03; Planning Commission; Resolution 7075
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT
PERMIT AND A MINOR VARIANCE TO 1) ALLOW FOR THE PARTIAL
DEMOLITION AND REMODEL OF AN EXISTING 3,149 SQUARE FOOT
ONE-STORY SINGLE-FAMILY RESIDENCE WITH BASEMENT INTO A NEW
6,597 SQUARE FOOT TWO-STORY SINGLE-FAMILY RESIDENCE WITH
BASEMENT; AND 2) ALLOW FOR A REDUCED FRONT YARD SETBACK
FROM 20 FT. TO 10 FT. ON PROPERTY LOCATED AT 5243 SHORE DRIVE
WITHIN THE MELLO II SEGMENT OF THE CITY’S COASTAL ZONE AND
LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: PRYOR RESIDENCE
CASE NO.: CDP 14-07/AV 14-01
WHEREAS, the Jeffery Pryor Family Trust, “Developer/Owner” has filed a verified
application with the City of Carlsbad regarding properties described as:
All of Lot Six (6) of Terramar Unit No. 1 in the City of Carlsbad, County
of San Diego, State of California, according to map thereof no. 2696
filed for record in the County Recorder’s Office of said San Diego
County September 6, 1950;
Also all that portion of Lot No. “H” of Rancho Agua Hedionda,
according to Partition Map No. 823 filed in the Office of County
Recorder of said San Diego County, November 16, 1986, described as
follows:
Beginning at the southwesterly corner of Lot Six (6) of Terramar Unit
No. 1, according to map thereof no. 2696 filed for record in the County
Recorder’s Office of said San Diego County September 6, 1950; thence
south 59°21'10" west to a point on the mean high tide line of the
Pacific Ocean; thence northwesterly along said mean high tide line to
a point which bears south 59°21'10" west from the northwesterly
corner of said Lot Six (6); thence north 59°21'10" east to the
northwesterly corner of said Lot Six (6); thence south 38°30'50" east
sixty feet to the point of beginning
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit and Minor Variance as shown on Exhibits “A” – “M” dated December 3, 2014, on file in the
Planning Division, PRYOR RESIDENCE – CDP 14-07/AV 14-01, as provided by Chapters 21.50 and 21.201
of the Carlsbad Municipal Code; and
PLANNING COMMISSION RESOLUTION NO. 7075
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WHEREAS, the Planning Commission did, on December 3, 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 and Minor Variance.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES PRYOR RESIDENCE – CDP 14-07/AV 14-01 based on the following findings
and subject to the following conditions:
Findings:
Coastal Development, CDP 14-07
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 the partial demolition, remodel and expansion
of an existing single-family residence on a 0.20 acre (net developable) property; the
development is consistent with the Mello II land use designation of RLM/OS; no development
is proposed within the Open Space (OS) designated portions of the site reserved for the
coastal bluff and beach area below; the two-story residence, which will include 50% open side
yard fencing to enable views to the ocean, 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; no agricultural activities, geological instability or coastal access opportunities exist on
the previously graded and developed site; and sensitive biological resources do not exist on
site as discussed in the project staff report.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that while the property is located adjacent to the shore, the project will not
interfere with the public’s right to physical access as there are vertical shoreline public access
points in close proximity to the north and south of the project site as discussed in the project
staff report. The project is conditioned to dedicate a lateral public access easement with a
minimum width of 25 feet of dry sandy beach at all times of the year 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 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
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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 consistent with the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance) in that a) the project does not interfere with
the public’s right to physical access as there are vertical shoreline public access points in close
proximity to the north and south of the project site as discussed in the project staff report; b)
the project is conditioned to dedicate a lateral public access easement with a minimum width
of 25 feet of dry sandy beach at all times of the year; c) a geotechnical analysis for the project
concluded that the proposed development will have no adverse effect on the stability of the
coastal bluff and that the site is suitable for the proposed development; d) all proposed
additions adhere to the coastal “stringline” setback requirements; e) the project proposes an
attractive architectural design that is consistent with other adjacent buildings along Shore
Drive and the proposed structure complies with applicable side yard setback requirements,
which will, to the extent feasible, continue to preserve existing ocean views from the street.
Decorative wood fencing with a 50% open type design will replace the existing solid side yard
gates increasing the ocean view to the west from Shore Drive; f) the proposed remodel, to the
extent feasible, retains the natural feature and topography of the site. Additionally, the new
ground floor level steps further back from the ocean in comparison to the existing residence.
The new upper floor level includes a large terrace along the southwest portion of the house,
which causes the bulk and mass of this floor level to step with the topography; g) the
improved site has been previously graded to accommodate the existing single-family
residence with basement. Only minor grading for the eastern portion of the existing
basement addition is proposed for this project. The exterior footprint of the existing
basement on the western elevation will remain in place; and h) the proposed landscape has
been designed to use an efficient irrigation system and eliminate dry weather flow.
Minor Variance, AV 14-01
5. That because of special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings, the strict application of the zoning ordinance deprives
such property of privileges enjoyed by other property in the vicinity and under identical zoning
classification, in that the subject site is constrained between the street and coastal bluff. Due
to “stringline” setback requirements for structures and rear yard amenities, less than 30% of
the site is developable. Application of both the 20 ft. front yard setback and structural
“stringline” setback reduces the depth of the proposed structure to 61 feet along the
southern property line. Therefore, setbacks applicable to the subject lot results in a
significantly smaller buildable area than that of comparable sized lots. Additionally, other
residences within the immediate neighborhood and along coastal bluff areas within the city
have been developed with 10-foot front yard setbacks, or have received approval of variances
for 10-foot front yard setbacks. The requested 10-foot front yard setback for the proposed
two-story single-family home with basement is consistent with a previous variance (Variance
No. 59) approved for the existing residence on September 8, 1959 by Planning Commission
Resolution No. 131; does not exceed 75% (i.e., 15 ft.) of the required front yard; does not
exceed other front yard setback variance requests granted in the same zone and vicinity, and
would not constitute a special privilege that is not enjoyed by other properties in the vicinity
and under the identical zoning classification.
. . .
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6. That the minor variance shall not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which the subject property is
located and is subject to any conditions necessary to assure compliance with this finding, in that
other homes in the immediate neighborhood have 10-foot front yard setbacks, so the
proposed front yard setback reductions will be consistent with the setbacks allowed for other
properties in the same vicinity and zone; and therefore, would not constitute a special
privilege that is not enjoyed by other properties in the vicinity and under the identical zoning
classification.
7. That the minor variance does not authorize a use or activity which is not otherwise expressly
authorized by the zone regulation governing the subject property, in that the granting of a
minor variance to reduce the required front yard setback from 20 feet to 10 ft. to allow for
the remodel and expansion of an existing one-family dwelling does not authorize a use which
is not otherwise expressly permitted by the zoning regulations in that a one-family dwelling is
allowed by right within the One-Family Residential (R-1) zone. Therefore, a deviation from
the front yard setback standard does not authorize a use or activity which is not authorized by
the zone.
8. That the minor variance is consistent with the general purpose and intent of the general plan
and any applicable specific or master plans, in that the proposed use is a one-family dwelling,
consistent with the Residential Low-Medium (RLM) Density designation as discussed above.
No development is proposed within the Open Space (OS) designated portions of the site
reserved for the coastal bluff and beach area below.
9. That the minor variance is consistent with and implements the requirements of the certified
local coastal program and that the variance does not reduce or in any manner adversely affect
the protection of coastal resources as specified in the zones included in this title, and that the
variance implements the purposes of zones adopted to implement the local coastal program
land use plan, in that the granting of a Minor Variance is consistent with and implements the
requirements of the Local Coastal Program, and will not have an adverse effect on coastal
resources as discussed in the project staff report. Furthermore, the project will maintain
coastal “stringline” limits, building height and lot coverage requirements, and have no impact
on sensitive environmental resources.
California Environmental Quality Act (CEQA):
10. 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 preparation of environmental
documents pursuant to Sections 15301(l), 15303(a), and 15305(a) of the State CEQA
Guidelines. More specifically, CEQA Section 15301(l) – Existing Structures, is a Class 1
exemption that includes demolition and removal of small structures, such as but not limited
to, one single-family residence. Consistent with this section, the project includes the partial
demolition of one (1) existing single-family residence in preparation for a remodel and
expansion of the existing residence. CEQA Section 15303(a) – New Construction or
Conversion of Small Structures, is a Class 3 exemption that includes the construction of one
single-family residence or second dwelling unit in a residential zone. Consistent with the
section, the project is proposing to expand and remodel one (1) existing single-family
residence, which is located on a residentially zoned property (i.e., R-1 Zone). CEQA Section
15305(a) – Minor Alterations in Land Use Limitations, is a Class 5 exemption consisting of
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minor alterations in land use limitations in areas with an average slope of less than 20%,
which do not result in any changes in land use density, including but not limited to, minor lot
line adjustments, side yard, and setback variances not resulting in the creation of any new
parcels. Consistent with this section, the project is proposing a setback variance (i.e., 10 ft.
reduced front yard) in an area of the parcel with an average slope of less than 20% and of
which does not result in any changes in land use density. 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.
General
11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 3 and all City public 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.
c. The Local Facilities Management fee for Zone 3 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
12. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
13. 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 the approval of the
demolition permit, grading permit or building permit whichever occurs 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 and Minor Variance.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development Permit and Minor Variance 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 and Minor Variance
(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 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. 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 Minor Variance by
Resolution No. 7075 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
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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. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and
CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code
Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee
for Zone 3, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building
permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
13. 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 as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plan check process on file in the Planning Division and accompanied by the project’s building,
improvement, and grading plans.
15. Approval is granted for CDP 14-07 and AV 14-01 as shown on Exhibits “A” – “M”, dated
December 3, 2014, on file in the Planning Division and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these conditions.
16. Prior to the issuance of a building permit, the owner shall comply with the Coastal Shoreline
Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance), and dedicate a lateral
public access easement with a minimum width of twenty-five feet of dry sandy beach at all
times of the year to the California Coastal Commission or their designee as agreed to with the
California Coastal Commission.
17. The proposed bar area located within the basement level of the proposed single-family home
shall comply with all zoning standards governing “wet bars” as defined in Section 21.04.378.1
of the Carlsbad Municipal Code.
Engineering:
General
18. 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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19. 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.
20. Developer shall include rain gutters on the building plans subject to the city engineer’s review
and approval. Developer shall install rain gutters in accordance with said plans.
Fees/Agreements
21. 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.
22. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
23. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private decorative pavement and trees
located over a portion of the existing Shore Drive public right-of-way as shown on the site plan.
Developer shall pay processing fees per the city’s latest fee schedule.
24. 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
25. 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 precise grading
plans via the building permit process. Technical studies/reports may be required subject to the
city engineer’s review. A soils report is required. Developer shall pay all applicable grading
plan check and permit fees per the city’s latest fee schedule.
26. 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.
27. 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.
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28. 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
29. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
30. The developer shall design and construct public water, sewer, and recycled water facilities
substantially as shown on the site plan to the satisfaction of the district engineer and city
engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
31. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 3 as required by Carlsbad Municipal Code Section 21.90.050.
32. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
33. 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.
34. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
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