HomeMy WebLinkAbout2016-07-06; Planning Commission; Resolution 71801
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PlANNING COMMISSION RESOlUTION NO. 7180
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPR.OVING COASTAL DEVELOPMENT PERMIT
CDP 16-09 TO ALLOW FOR THE CONSTRUCTION OF A 3,589 SQUARE FOOT
SINGLE FAMILY RESIDENCE WITH AN ATTACHED THREE-CAR GARAGE, A
300 SQUARE FOOT ROOF DECK AND AN ATTACHED 375 SQUARE FOOT
GUEST HOUSE GENERALLY LOCATED AT THE SOUTHERN TERMINUS OF
·sTRAWBERRY PLACE (LOT 5 OF CT 06-15) WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME:
CASE NO:
TABATA RANCH DALE SFR
CDP 16-10
WHEREAS, Tabata Family Trust, "Developer/Owner," has filed a verified application with
the City of Carlsbad regarding property described as
Lot 5 of City of Carlsbad Tract No. CT 06-15 Tabata Ranch, in the City of
Carlsbad, County of San Diego, State of California, according to map
thereof No. 15980, filed in the office of the County Recorder of San
Diego County, July 8, 2014.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibits "A-I" dated July 6, 2016, attached hereto and on file in the Carlsbad Planning
Division, CDP 16-10-TABATA RANCH DALE SFR, as provided in Chapter 21.201 ofthe Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on July 6, 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
CDP 16-10-TABATA RANCH DALE SFR, 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 R-4 Residential; 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 shore; 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 adhere to the City's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, Carlsbad BMP 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 20 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 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 20 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
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 0 to 4 dwelling units per acre (du/ac) with a Growth
Management Control Point (GMCP) of 3.2 d'u/ac. The project's density (1.7 du/ac) was
previously evaluated with the subdivision (CT 06-15) and is within the R-4 Residential density
range of 0-4 du/ac; however, was below the R-4 Residential GMCP of 3.2 dufac. and therefore
12.4 dwelling units have been deposited into the city's Excess Dwelling Unit Bank. This project
consists of the subsequent development of a single family home on one of the five residential
lots created by CT 06-15 and is therefore consistent with the General Plan Land Use Designation.
PC RESO NO. 7180 -2-
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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 the project is a compatible use in Safety
Zone 6 and the project has been appropriately conditioned to record an overflight notification
on the site as it is located within the Airport Overflight Notification Area.
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) ofthe 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. 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. Approval is granted for COP 16-10 as shown on Exhibits "A"-"1," dated July 6, 2016, on file in the
Planning Division and incorporated herein by reference. Development shall occur substantially as
shown unless otherwise noted in these conditions.
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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.
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.
27 5. 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,
28 this approval shall be suspended as provided in Government Code Section 66020. If any such
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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 ifthe 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
ofthe Zone 20 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. 7180 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 ofthe 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
20, 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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13. 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).
Engineering
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
6 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 engineerfor 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.
Grading
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Based upon a review of the proposed grading, supplemental grading plans are required for the
grading associated with this project. Developer shall prepare, and submit for approval, grading
plans for the precise grading as shown on the site plan all subject to city engineer approval.
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.
25 19. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design pJans, grading plans, building plans and
26 landscape 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,
27 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
28 stenciling or signage all to the satisfaction of the city engineer.
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Utilities
20. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
Code Reminders:
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Developer shall pay applicable 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 applicable 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.
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 20 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.
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.
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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; 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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on July 6, 2016, by the following vote, to wit:
AYES: Chairperson Anderson, Commissioners Black, Goyarts, L'Heureux,
Montgomery, and Siekmann
NOES: None
ABSENT: Commissioner Segall
ABSTAIN: None
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATIEST:
~It
DON NEU
16 City Planner
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