HomeMy WebLinkAbout2015-10-21; Planning Commission; Resolution 7126
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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-
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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.
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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.
. . .
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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 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
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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.
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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.
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