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HomeMy WebLinkAbout2015-10-21; Planning Commission; Resolution 7126 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 953 SQUARE FEET OF LIVING AREA TO AN EXISTING SINGLE- FAMILY RESIDENCE AND THE CONSTRUCTION OF A 501 SQUARE FOOT TWO CAR GARAGE ON A 0.10 ACRE LOT WITHIN THE R-3 ZONE AND MELLO II SEGMENT OF THE CITY’S COASTAL ZONE LOCATED AT 155 WALNUT AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: FLORA RENOVATION CASE NO: CDP 15-20/NCP 15-02 WHEREAS, Samuel Wright, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Bob and Monica Flora, “Owner,” described as Lot 13, in Block “A” 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” – “K” dated October 21, 2015, attached hereto and on file in the Carlsbad Planning Division, CDP 15-20/NCP 15-02 – FLORA RENOVATION, as provided in Chapter 21.201 and Chapter 21.48 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on October 21, 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 APPROVES CDP 15-20/NCP 15-02 – FLORA RENOVATION, based on the following findings and subject to the following conditions: . . . PLANNING COMMISSION RESOLUTION NO. 7126 PC RESO NO. 7126 -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 renovations resulting in 953 square feet of additional floor area, and the construction of a 501 square foot attached two car garage to an existing 849 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. 7126 -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 in that the new addition complies with current front, side and rear yard setback requirements and all other development standards such as building height and lot coverage. The project is consistent with the parking requirements as a new two car garage is proposed in addition to an open visitor parking space located within the paved driveway. The open parking space is 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 enhance the existing architecture and will provide two off-street covered parking spaces (two car garage) 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 15303, New Construction or Conversion of Small Structures, of the 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 and Non-Conforming Construction Permit. . . . PC RESO NO. 7126 -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 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit and 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 and 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. 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. 7126 on the PC RESO NO. 7126 -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 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. 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. 14. 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. 15. 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 16. 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. 17. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. Grading 18. 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. 7126 -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 19. 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. 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: 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 storing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. 21. 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 grading plans via the building permit process. Technical studies/reports may be required subject to the city engineer’s review. Developer shall pay all applicable grading plan check and permit fees per the city’s latest fee schedule. Code Reminders 22. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 23. 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. 24. 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. 25. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 26. 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. . . . . . . . . . . . . . . . . . .