HomeMy WebLinkAbout2016-06-01; Planning Commission; Resolution 71721
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PLANNING COMMISSION RESOLUTION NO. 7172
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT
CDP 15-52 TO ALLOW FOR THE CONSTRUCTION OF A TWO-STORY
SINGLE-FAMILY RESIDENCE TOTALING 2,929 SQUARE FEET WITH
ATIACHED TWO-CAR GARAGE ON PROPERTY GENERALLY LOCATED AT
6468 FRANCISCAN ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 22.
CASE NAME:
CASE NO:
SCHMALTZ RESIDENCE
CDP 15-52
7 WHEREAS, Joseph & Anne Schmaltz, "Developer/Owner," has filed a verified application
8 with the City of Carlsbad regarding property described as
9 Lot 4 in Block 22 of the La Costa Downs Unit No. 1, in the City of
Carlsbad, County of San Diego, State of California, according to map
10 thereof No. 2013, filed in the office of the County Recorder of San Diego
County, April 6, 1927.
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("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibit(s) "A-F" dated June 1, 2016, attached hereto and on file in the Carlsbad
Planning Division, COP 15-52-SCHMALTZ RESIDENCE, as provided in Chapter 21.201.030 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on June 1, 2016, 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
COP 15-52-SCHMALTZ RESIDENCE, 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 RM; 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 sh1ore; 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 a1rea 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 22 and all City public 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 forschool 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 22 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to.issuance of building permit.
That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
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-8, Residential. The R-8 land Use designation allows for the development of single-
family residences at a density range of 4 to 8 dwelling units per acre (du/ac) with a Growth
Management Control Point (GMCP) of 6 du/ac. The project site has a net developable acreage
of 0.11 acres and at the 6 GMCP, 0.66 dwelling units are allowed. The project's proposed density
of 9 du/ac is above the R-8 density range of 4 to 8 du/ac. However, one single-family dwelling
unit is guaranteed pursuant to the following General Plan land Use provision: 11Notwithstanding
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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 R-8 General Plan Land Use designation.
The Planning Commission finds that the project, as conditioned herein, is in conformance with the
La Costa Downs Specific Plan (SP 201) based on the facts set forth in the staff report dated October
20, 2010 including, but not limited to the following: The proposed development is in compliance
with all applicable development standard regulations of SP 201 including setbacks, building
height and lot coverage. The project is also in compliance with all appllicable design standard
regulations of SP 201 through the use of interesting fa~ade treatments including the following:
the use of wood and wrought iron in ornate railings; attractive wood overhangs to accent and
vary the textured stucco walls; dark rich colors of trim, railings, window frames and roof tile
contrast the earth tones used on the walls and fascia; attractive borelt:ile is used on both the
first and second floor roofs in a diversified design that presents gable, hip and shed style roofs
and multiple ridge lines and heights; contrast and interest is facilitated by many insets and
articulations and by several variations in horizontal planes and at least one variation in the
vertical plane of every elevation.
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 th'e applicant shall record
a notice concerning aircraft noise.
9. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat
Management Plan, which is a comprehensive conservation plan and implementation program
that will facilitate the preservation of biological diversity and provide for effective protection and
conservation of wildlife and plant species while continuing to allow compatible development in
accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and
. sensitive species is required by the Open Space and Conservation Element of the City's General
Plan which provides for the realization of th~ social, economic, aesthetic and environmental
benefits from the preservation of open space within an increasingly urban environment.
Moreover, each new development will contribute to the need for additional regional
infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee
imposed on all new development within the City is essential to fund implementation of the City's
Habitat Management Plan. Pursuant to the HMP, the project has been conditioned to pay
habitat in-lieu fees for impacts to 0.11 acres of Gro~p-F habitat (i.e., Disturbed Lands).
10. 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.
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11. 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 modlify 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 ap]provals 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.
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.
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This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
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 Resolution No. 7172 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.
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.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
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
22, 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.
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).
15. Prior to the issuance of building permits, the Developer shall prepare and record a Notice that
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form meeting the approval of the City Planner and the City Attorney (see Notice and Waiver
28 Concerning Railroad Environmental Impacts on file in the Planning Division).
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Prior to the issuance of building permits, the Developer shall submit an acoustical analysis which
demonstrates that the architectural plans comply with the State of California interior noise
standard of 45 dBA CNEL. The architectural plans shall incorporate any additional measures
(thicker glazing, sound absorption material, shielding of vents, or artificial circulation system) to
attenuate the noise to an acceptable level. Where windows are required to be unopened or kept
closed in order to meet the interior noise standards, mechanical. ventilation and cooling, if
necessary, shall be provided to maintain a habitable environment. The system shall supply two
air changes per hour to each habitable room including 20% (one-fifth) fresh make-up air obtained
directly from the outdoors. The fresh air inlet duct shall be of sound attentUating construction and
shall consist of a minimum of ten feet of straight or curved duct or six feet plus one sharp 90
degree bend.
Prior to the issuance of building permits, the Developer shall pay to tlhe City an inclusionary
housing impact 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 itime.
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 prioFto recordation of a final map, or issuance of a grading permit or building permit,
whichever occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with
the City's Habitat Management Plan (HMP) for 0.11 acres of Group-F habitat {i.e., Disturbed
Lands). lfthe In-lieu Mitigation Fees for this project are not paid, this project will not be consistent
with the Habitat Management Plan and the General Plan and any and all approvals for this project
shall become null and void.
Lots located in the La Costa Downs subdivision may be subject to possible odor impacts from
the Encina Sewer Plant. Accordingly, the following disclosure shall be made: Prior to the
issuance of a building permit, the owner shall prepare and record a notice that this property
may be subject to odor impacts from the Encina Wastewater Plant in a manner meeting the
approval of the City Planner and City Attorney.
Approval is granted for COP 15-52 as shown on Exhibits "A"-"F," dated June 1, 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 of this
26 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 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.
Fees/ Agreements
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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.
Grading
25. 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 prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
Storm Water Quality
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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.
Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SWPPP) 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.
Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices (BMPs). These BMPs include site design,
source control and Low Impact Design (LID) measures including, but not limited to, minimizing the
use of impervious area (paving), routing run-off from impervious area to pervious/landscape
areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or
signage all to the satisfaction of the city engineer.
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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 22 as required by Carlsbad Municipal Code Section 21.90.050.
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 Carlsbad Municipal Code
Section 17.04.320.
Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of
the City of Carlsbad Municipal Code to the satisfaction of the city engineer.
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. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the site plan are for planning purposes
only.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
16 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
17 writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
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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
25 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
26 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 June 1, 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Anderson, Commissioners Black, Goyarts, L'Heureux,
Montgomery and Siekmann
Commissioner Segall
VEL YN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATIEST:
~~
DON NEU
17 City Planner
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