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HomeMy WebLinkAbout2015-01-07; Planning Commission; Resolution 7079 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 AND NON-CONFORMING CONSTRUCTION PERMIT TO ALLOW FOR THE ADDITION OF 1,449 SQUARE FEET OF LIVING AREA TO AN EXISTING SINGLE-FAMILY RESIDENCE, A 416 SQUARE FOOT DECK AND A 53 SQUARE FOOT ADDITION TO AN EXISTING ATTACHED GARAGE ON A .10 ACRE LOT ON PROPERTY GENERALLY LOCATED AT 142 CHESTNUT AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: DIVALERIO ADDITION CASE NO: CDP 14-26/NCP 14-06 WHEREAS, James Chinn, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by DiValerio Family Trust, “Owner,” described as Lot 5, in Block B of Palisades, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1747, filed in the Office of the County Recorder of San Diego County, February 5, 1923 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit and Non-Conforming Construction Permit as shown on Exhibits “A” – “E” dated January 7, 2015, attached hereto and on file in the Carlsbad Planning Division, DIVALERIO ADDITION CDP 14-26/NCP 14- 06, as provided in Chapter 21.201 and Chapter 21.48 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on January 7, 2015, 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 Non-Conforming Construction 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 RECOMMENDS APPROVAL of DIVALERIO ADDITION – CDP 14-26/NCP 14-06, based on the following findings and subject to the following conditions: . . . PLANNING COMMISSION RESOLUTION NO. 7079 PC RESO NO. 7079 -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: 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 renovation resulting in 1,449 square feet of additional floor area, a 53 square foot addition to an attached garage, and a 416 square foot second-floor deck addition to an existing 2,407 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 High (RH), which allows for a density of 15-23 du/acre and 19 du/acre at the Growth Management Control Point (GMCP). The project density of 10 du/acre is not consistent with the RH General Plan Land Use Designation. However, one single-family dwelling unit is guaranteed pursuant to the following General Plan Land Use provision: “Notwithstanding the density provisions and intent of each residential land use designation, a one-family dwelling shall be permitted on any legal lot that existed as of October 28, 2004.” The subject lot was legally created prior to October 28, 2004; therefore, development of a one-family dwelling is consistent with the RH General Plan Land Use designation. 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 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). Non-Conforming Construction Permit 5. The proposed project in in conformance with the Non-conforming Buildings and Use section (Chapter 21.48) of the zoning ordinance as discussed below: a. The expansion of the residential structure would not result in an adverse impact to the health, safety and welfare of surrounding uses, persons or property in that the property is already developed with a single-family home consistent with the R-3 zone and is surrounded by single-family and multi-family residences. In addition, the proposed project improvements comply with all current Planning, Building, and Engineering standards. PC RESO NO. 7079 -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 b. The area of expansion shall comply with all current requirements and development standards of the zone (R-3/BAOZ) in which it is located, except an existing single-family residence which does not meet the required parking standard (i.e. a two-car garage) may expand floor area if a minimum of two off-street parking spaces are provided on-site in a location consistent with Section 21.44.060(4) of the parking ordinance. The new additions comply with current front and side yard setback requirements and all other development standards such as building height, and lot coverage. The project is consistent with parking, and more specifically Section 21.44.060(4) of the parking ordinance, in that vehicles can be parked in the required front yard on a paved driveway or parking area that is comprised of 24 feet of width extended from the property line to the rear of the required front yard. Two parking spaces are provided in the front yard on a paved driveway adjacent to each other that have a combined width of 17 feet. One space is for the required resident parking, and the second space is for the required guest parking in accordance with the BAOZ. c. 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 applicable fire protection and building codes. Furthermore, the project will undergo standard building inspection procedures during the construction of the additions. d. The expansion/replacement would result in a structure that would be considered an improvement to, or complimentary to and/or consistent with the character of the neighborhood in which it is located in that the proposed addition will complement the existing architecture and will provide two off-street parking spaces and one visitor parking space as required in the R-3 zone and Beach Area Overlay Zone. 6. 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. 7. 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 PC RESO NO. 7079 -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 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/Non-Conforming 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/Non-Conforming 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 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/Non-Conforming 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 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. 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. PC RESO NO. 7079 -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 11. 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 Coastal Development Permit and Non-Conforming Construction Permit by Resolution No. 7079 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. 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 or grading permit whichever occurs first. 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. 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 15. 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. . . . . . . PC RESO NO. 7079 -6- 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 is responsible to ensure that all final design plans incorporate all source control, site design and Low Impact Design (LID) facilities. 17. 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 18. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 19. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. Code Reminders 20. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 21. 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. 22. 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .