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HomeMy WebLinkAbout2015-01-21; Planning Commission; Resolution 7082 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 CONSTRUCTION OF A 3,015 SQUARE FOOT SINGLE- FAMILY RESIDENCE WITHIN THE MELLO II SEGMENT OF THE CITY’S COASTAL ZONE ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF JEFFERSON STREET, ADJACENT TO THE INTERSTATE 5 FREEWAY AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: HIRSCHKOFF RESIDENCE CASE NO: CDP 14-13 WHEREAS, Joel Hirschkoff, “Owner/Developer,” has filed a verified application with the City of Carlsbad regarding property described as Portion of Tract 2 of Laguna Mesa Tracts, in the City of Carlsbad, County of San Diego, State of California, according to Map Thereof No. 1719, lying westerly and northerly of the center line of the 60 foot road conveyed by W.T. Hart, ET UX, to County of San Diego, by deed recorded on Feb. 5, 1941 in Book 1135, Page 75 of Official Records, in the Office of the County Recorder of San Diego County, said road being shown on the map of road survey No. 843 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” – “K” dated January 21, 2015, attached hereto and on file in the Carlsbad Planning Division, HIRSCHKOFF RESIDENCE – CDP 14-13, as provided in Chapter 21.81.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on January 21, 2015, hold a duly noticed public hearing as prescribed by law to consider said request; 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 CDP 14-13 – HIRSCHKOFF RESIDENCE based on the following findings and subject to the following conditions: PLANNING COMMISSION RESOLUTION NO. 7082 PC RESO NO. 7082 -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 consists of the construction of a new 3,015 square foot single family residence with two attached one-car garages in an area designated for residential development. The proposed three story, single-family residence is compatible with the surrounding development of one and two-story single-family structures. The three-story residence will not obstruct views of the coastline as seen from public lands or the public right- of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the previously graded site, nor are there any sensitive resources located on the developable portion of the site. The proposed single-family residence is not located in an area of known geologic instability or flood hazard. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially designated site is not suited for water-oriented recreation activities. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that a dirt road which is closed to vehicular traffic and is City of Carlsbad right-of- way is located adjacent to and north of the property. The project site is not located adjacent to the Buena Vista Lagoon and is not required to provide lateral access. Furthermore, the steep slopes of greater than 40% are not suitable for a public access trail. 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. Slopes equal to or greater than 25% and possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities are considered “dual criteria” slopes and are protected in the coastal zone. The subject property contains “dual criteria” slopes, however, there will be no development on those slopes. A 100 foot setback from wetlands and the Buena Vista Lagoon has been provided to buffer sensitive habitat from intrusion. The project is encroaching into natural 25% or greater slopes without native vegetation. Pursuant to Section 21.203.040(A)(3), development of such slopes is permitted in that A) a geotechnical review prepared by Engineering Design Group, dated June 19, 2013, found that the subject slope area is stable and will remain so for at least 75 years, or the life of the structure; B) the development intent of this property is to utilize its location and take advantage of its views towards the Buena Vista Lagoon and Pacific Ocean. By restricting development to areas with slope gradients of less than 25%, it leaves little developable land in relation to the size of the property. Therefore it is essential to build upon portions of the steep slope in order to have a house that is comparable in size to those in nearby lots and to have a usable rear yard; C) According to a habitat assessment prepared by Brian F. Smith and Associates on June 11, 2014, the area of slope disturbance contains disturbed land and would therefore not damage or alter major wildlife habitat or native vegetation areas; D) The area of slope disturbance is 818 square feet, which is less than one-third of the total steep slope area; E) According to a habitat assessment prepared by Brian F. Smith and Associates on June 11, 2014, the area of slope disturbance does not contain any wildlife corridors; and F) The slope that is within the property is a north facing slope. All environmental impacts have been mitigated as outlined within the Mitigated Negative Declaration associated with this project. . . . PC RESO NO. 7082 -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 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) a dirt road which is closed to vehicular traffic and is City of Carlsbad right-of-way is located adjacent to and north of the property. Therefore the project site is not located adjacent to the Buena Vista Lagoon and is not required to provide lateral access. Furthermore, the steep slopes of greater than 40% are not suitable for a public access trail; B) A geotechnical analysis for the project was prepared by Engineering Design Group on June 13, 2013. The analysis 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; C) The proposed residential structure has been designed with attractive architectural features such as stucco, stone veneer and faux wood plank siding, which are compatible with the surrounding development and natural environment; D) The project design is consistent with the other adjacent buildings along Jefferson Street 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; E) The proposed single- family residence has been designed to step-down the proposed terraced pad, consistent with this requirement; F) The site will require grading to accommodate the proposed residence. A grading permit will be required for the construction of this project. The grading has been planned so as to limit the impact on the slope; and G) The project adheres to all coastal “stringline” setback requirements. The project consists of the construction of a single-family residence and patio. The proposed home will adhere to the stringline setback requirement for both the residential structure and patio/decks. 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all city public facility 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 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 6. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city’s General Plan based on the facts set forth in the staff report dated January 21, 2015 including, but not limited to the following: The subject property is designated Residential Medium High (RMH). The RMH Land Use designation allows for the development of residential units within a density range of 8 to 15 dwelling units per acre (du/ac) and at a Growth Management Control Point (GMCP) of 11.5. The project site has a net area of .19 acres and at the 11.5 GMCP, 2.18 dwelling units are allowed. The project’s density is below the density range set for the subject property, however, one single-family dwelling unit is permitted 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 RMH General Plan Land Use designation. PC RESO NO. 7082 -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. 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: General Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading 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. 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 shall implement, or cause the implementation of, the Hirschkoff Residence Coastal Development Permit Project Mitigation Monitoring and Reporting Program. Developer shall comply with the Mitigation Measures outlined in the Mitigation Monitoring and Reporting Program and the Addendum to the Mitigated Negative Declaration. 6. 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 PC RESO NO. 7082 -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 obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. 7. Developer shall submit to the City Planner a reproducible 24” x 36,” mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 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. 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 Coastal Development Permit by Resolution No. 7082 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 any permits for the project, the applicant shall submit to the City Planner a digital copy of the biology report exhibits in Autocad DWG or ESRI-Shape-File Format registered to CCS zone 6 NAD 83. The City Planner has the discretion to waive this condition based on factors such as the scope of the study and the format in which the exhibits were prepared. 15. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City’s Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer’s successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not PC RESO NO. 7082 -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 be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 16. At issuance of building permits, the Developer shall pay to the city an inclusionary housing (in lieu) fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. 17. 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. 18. 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. 19. 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 1, 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. 20. Prior to issuance of a grading permit, the developer shall record a deed restriction/waiver of public liability in compliance with the requirements of Municipal Code Section 21.204.120 (Coastal Shoreline Development Overlay Zone). 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 or grading permit whichever occurs first. General 21. 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. 22. 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. 23. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan and conceptual grading plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by PC RESO NO. 7082 -7- 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 the city's project engineer and project planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. 24. 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. 25. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Fees/Agreements 26. 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. 27. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 28. 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 (SUBDIVISION OR 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 29. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city’s latest fee schedule. Precise grading shall be shown on said plans. In addition, the required soils report may, subject to the city engineer’s discretion, be subject to a third party review. The developer shall pay all additional plan review fees required for said third party review. 30. The developer shall submit written approval from the owner of the abutting property at 2362 Jefferson Street to allow relocation or modification of their hose bib and irrigation box as shown on the preliminary grading plan. If such written approval cannot be obtained, the developer shall redesign the project to prevent conflicts between the driveway and hose bib and irrigation box, all subject to the city engineer’s approval. 31. 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. 7082 -8- 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 32. 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. 33. 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 34. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12” diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 35. Developer shall design all proposed public improvements including but not limited to sewer laterals, water services/meters and curb drains as shown on the site plan. These improvements shall be shown on one of the following, subject to city engineer approval: A. Grading plans processed in conjunction with this project; or B. Construction Revision to an existing record public improvement drawing Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city’s current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. Utilities 36. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 37. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 38. 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 39. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. PC RESO NO. 7082 -9- 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 40. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 41. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 42. 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. 43. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 44. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. 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. . . . . . . . . . . . .