HomeMy WebLinkAbout2016-04-20; Planning Commission; Resolution 71561
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PLANNING COMMISSION RESOLUTION NO. 7156
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT
CDP 15-26 TO ALLOW FOR THE CONSTRUCTION OF A TWO-STORY
SINGLE-FAMILY RESIDENCE TOTALING 3,504 SQUARE FEET WITH
ATTACHED THREE-CAR GARAGE ON PROPERTY GENERALLY LOCATED AT
4390 YUKI LANE IN LOCAL FACILITIES MANAGEMENT ZONE 1
CASE NAME:
CASE NO:
4390 YUKI LANE
CDP 15-26
7 WHEREAS, Pacific Beach 2014, LTD, "Developer/Owner," has filed a verified application
8 with the City of Carlsbad regarding property described as
9 Lot 1 of Parcel Map No. 21144, in the City of Carlsbad, County of San
Diego, State of California, according to map thereof filed in the office
10 of the County Recorder of San Diego County, July 28, 2014, as file No.
2014-0317270 of official records
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("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibits "A-I" dated April 20, 2016, attached hereto and on file in the Carlsbad
Planning Division, COP 15-26 -4390 YUKI LANE, as provided in Chapter 21.201.030 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on April 20, 2016, holld 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
COP 15-26 -4390 YUKI LANE, based on the following findings and subject to the
following conditions:
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Findings:
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That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the site is designated for single-family residential development
and the project proposes single-family residential development; the development is
consistent with the LCP Mello II land use designation of RLM; no agricultural activities,
sensitive resources, geological instability, flood hazard or coastal access opportunities exist
onsite; and given the projects distance from the coastline, the two-story single-family
residence will not obstruct views of the coastline as seen from public lands or public right-of-
way nor otherwise damage the visual beauty of the coastal zone as further discussed in the
project staff report.
The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the coastal shtore; and therefore, will
not interfere with the public's right to physical access or water-oriented recreational
activities.
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 adhe1re to the City's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, Carlsbad BIVIP Design Manual and
Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff,
pollutants, and soil erosion. No undevelopable steep slopes or native vegetation is located on
the subject property and the previously graded site is not located in an area prone to
landslides, or susceptible to accelerated erosion, floods, or liquefaction.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all City public policies and ordinance~;. 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.
5. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City's General Plan, in that the General Plan Land Use designation for the
property is R-4, Residential. The R-4 Land Use designation allows for the development of
single-family residences at a density range of ·O to 4 dwelling units per acre (du/ac) with a
Growth Management Control Point (GMCP) of 3.2 du/ac. The project's density was previously
evaluated with the subdivision (MS 05-02/CPD 05-03) and is within the R-4 density range of 0-
4 du/ac. This project consists of the subsequent development of a single family home on one
of the three lots created by MS 05-02 and is therefore consistent with the General Plan Land
Use Designation.
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6.
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The project is consistent with the adopted Airport Land Use Compatibility Plan for the
McClellan-Palomar Airport (ALUCP), amended March 2010, in that as conditioned the applicant
shall record a notice concerning aircraft noise.
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 15303(a) of the State CEQA Guidelines. More specifically,
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 construct a
new single-family residence, which is located on a residentially zoned property (i.e., R-1-
10,000 Zone). 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.
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 issuance of a
building permit or grading 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.
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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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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.
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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
obligation survives until all legal proceedings have been concluded and continues even if the
City's approval is not validated.
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.
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.
This approval is granted subject to the approval of MS 05-02, COP 05-03, and HOP 05-01 and is
subject to all conditions contained within the City Planner Approval letter for those other
approvals incorporated herein by reference.
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.
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 Hesolution No. 7156 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.
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.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy No. 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.
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Prior to the issuance of building permits, the Developer shall prepare and record a Notice that
this property is subject to overflight, sight and sound of aircraft operating from McClellan-
Palomar Airport, in a form meeting the approval of the City Planner and the City Attorney (see
Noise Form #2 on file in the Planning Division).
Approval is granted for COP 15-26 as shown on Exhibits "A"-"1," dated April 20, 2016, on file in
the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
Engineering
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
8 of this proposed development, must be met prior to approval of a building or grading permit, whichever
occurs first.
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General
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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.
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 enginee1r has determined that
adequate water and sewer facilities are available at the time of pe1:-mit issuance and will
continue to be available until time of occupancy.
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.
17 Fees/ Agreements
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Grading
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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.
Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
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 pav all applicable grading
plan review and permit fees per the city's latest fee schedule.
27 23. 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
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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.
Developer shall complete and submit to the city engineer a Determination of Project's SWPPP
Tier Level and Construction Threat Level Form (PTLACTL) pursuant to City Engineering
Standards. Concurrent with the PTLACTL, 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 PTLACTL 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.
This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to demonstrate how this project meets new/current storm water treatment
requirements per the City of Carlsbad BMP Design Manual (BMPDM), latest version. Developer
shall pay all appiicable SWQMP plan review and inspection fees per the city's latest fee
schedule.
Developer acknowledges hydromodification (runoff reduction) requirements impact how project
treats and/or retains storm runoff. Hydromodification involves detailed site design and analysis
to reduce the amount of post-development run-off by mimicking the natural hydrologic function
of the site, preserving natural open-spaces and natural drainage channels, minimizing use of new
impervious surfaces, and promoting onsite infiltration and evaporation of run-off. During final
design, developer shall demonstrate compliance with hydromodification requirements to the
satisfaction of the city engineer.
Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, treatment
control BMP, and applicable hydromodification measures.
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Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
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:
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Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
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.
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32.
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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.
Premise identification (addresses) shall be provided consistent with ~arlsbad Municipal Code
Section 17.04.320.
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
13 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
14 accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely folllow that procedure will
bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
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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; NOH 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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on April 20, 20161 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Anderson, ·Commissioners Black, Goyarts, Segall and
Siekmann
Commissioner Montgomery
Commissioner L'Heureux
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
DON NEU
16 City Planner
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