HomeMy WebLinkAbout2016-08-17; Planning Commission; Resolution 71681
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PLANNING COMMISSION RESOLUTION NO. 7168
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
TO ALLOW FOR THE DEMOLITION OF AN EXISTING 4,200 SQUARE FOOT
TWO-STORY SINGLE-FAMILY RESIDENCE AND THE CONSTRUCTION OF A
NEW 5,487 SQUARE FOOT TWO-STORY SINGLE-FAMILY RESIDENCE WITH
2,564 SQUARE FOOT BASEMENT ON PROPERTY LOCATED AT 5263 SHORE
DRIVE WITHIN THE MELLO II SEGMENT OF THE CITY'S COASTAL ZONE
AND LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: ABDI RESIDENCE
CASE NO.: COP 15-45
WHEREAS, Behrooz and Sharon Abdi, "Owner/Developer" has filed a verified application
with the City of Carlsbad regarding properties described as:
That portion of Lot "H" of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according to partition
map thereof No. 823, filed in the office of the County Recorder of San
Diego County, November 16, 1896 and that portion of Lot 3 and all of
Lot 4 of Terramar Unit 1 in the city of Carlsbad, County of San Diego,
State of California, according to map thereof No 2696 filed in the office
of the County Recorder of San Diego County, September 6, 1950.
nhe Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibits "A"-"P" dated August 17, 2016, on file in the Planning Division, ABDI
RESIDENCE-COP 15-45, as provided by Chapters 21.201 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on August 17, 2016, 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES ABDI RESIDENCE-COP 15-45 based on the following findings and subject to
the following conditions:
Findings:
1.
2.
3.
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 the demolition of most of an existing house and
the construction of a new house on a 0.29 acre property; the development is consistent with
the Mello II land use designation of R-4/0S; no development is proposed within the Open Space
{OS) designated portions of the site reserved for the coastal bluff and the beach area below; the
proposed residence, which includes a decorative iron type view fencing perpendicular to the
north property line with ~50% open type design, does not obstruct views of the coastline as
seen from public lands or public rights-of-way or otherwise damage the visual beauty of the
coastal zone; no agricultural activities, geological instability or coastal access opportunities exist
on the previously graded and developed site; and no sensitive biological resources exist on site
as 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 while the property is located adjacent to the shore, the project will not
interfere with the public's right to physical access as there are existing vertical shoreline public
access points in close proximity of the project site located to the north along Carlsbad Boulevard
across from the Encina Power Plant, and to the south along Carlsbad Boulevard near Cerezo
Drive; and the proposal will not deny the public access to the beach.
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 run-off, pollutants and soil erosion. No development occurs within areas
of natural steep slopes {~25%); no native vegetation is located on the subject property; and no
development occurs within the 100 year flood plain. A geotechnical analysis prepared for the
project indicates that the site is not located in an area prone to landslides or slope instability;
and seismic hazards, such as risk of liquefaction, tsunami and seiche, is considered low.
4. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.204 of the Zoning Ordinance) in that a) the project does not interfere with the
public's right to physical access as there are existing vertical shoreline public access points in
close proximity to the north and south of the project site; b) the proposal does not deny the
public access to the beach; c) a geotechnical analysis and subsequent updates for the project
concluded that the proposed development will have no adverse effect on the stability of the
coastal bluff and that the site is suitable for the proposed development; d) all enclosed portions
of the building adhere to the coastal"stringline" setback requirements; e) the project proposes
an attractive architectural design that is well articulated and consistent with other adjacent
homes within the neighborhood; and all new construction complies with the applicable side
yard setback requirements, and to the extent feasible along the north elevation, will continue
to preserve existing ocean views from the public street; f) the proposed single-family home, to
the extent ·feasible, retains the natural features and topography of the site, and all new
habitable living area is further back from the coastal bluff edge than the existing residential
footprint to be demolished; g) the site has been previously graded and developed; and h) the
PC RESO NO. 7168 -2-
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proposed landscape has been designed to use an efficient irrigation system and eliminate dry
weather flow.
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 15301(1) and 15303(a) of the State CEQA Guidelines. More
specifically, CEQA Section 15301(1) -Existing Structures, is a Class 1 exemption that includes
demolition and removal of small structures, such as but not limited to, one single-family
residence and 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. 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 project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 3 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.
b.
c.
The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
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.
The Local Facilities Management fee for Zone 3 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 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.
22 Conditions:
23 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the approval of the
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1.
demolition permit, grading permit or building permit whichever occurs first.
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
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2.
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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 ill 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, includ~ng 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 a Illegal proceedings have been concluded and continues even if the City's
approval is not validated.
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.
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 3 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.
10. 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. 7168 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, including Special conditions no. 16
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and 17. 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 #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
3, 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.
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 as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
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.
Approval is granted for COP 15-45 as shown on Exhibits "A"-"P", dated August 17, 2016, on file
in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
By acceptance of this permit, the applicant acknowledges and agrees (i) that the site may be
subject to hazards from waves, storm events, bluff retreat, and erosion; (ii) to assume the risks
to the applicant and the property that is the subject of this permit of injury and damage from
such hazards in connection with this permitted development; (iii) to unconditionally waive any
claim of damage or liability against the City of Carlsbad, and/or the California Coastal
Commission, its officers, agents, and employees for injury or damage from such hazards; and
(iv) to indemnify and hold harmless the City of Carlsbad, and/or the California Coastal
Commission, its officers, agents, and employees with respect to the City of Carlsbad's approval
of the project against any and all liability, claims, demands, damages, costs (including costs and
fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from
any injury or damage due to such hazards.
The applicant agrees, on behalf of itself and all other successors and assigns that no new
shoreline or bluff protective device(s) shall be constructed to protect the development
approved pursuant to Coastal Development Permit No. COP 15-45 including, but not limited to,
the residence, the basement, foundations, patios, stairs balconies and any future
improvements, in the event that the development is threatened with damage or destruction
from erosion, landslides, waves, storm conditions, flooding, sea level rise or other natural
coastal hazards in the future.
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18. Prior to the issuance of a building permit, the owner shall dedicate a lateral public access
easement generally westerly of the toe of the bluff with a minimum width of twenty-five (25)
feet to the California Coastal Commission or their designee, as agreed to with the California
Coastal Commission.
Engineering:
General
19.
20.
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.
Developer shall install sight distance corridors at all driveways in accordance with City Engineering
Standards. The property owner shall maintain this condition.
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.
Prior to approval of any grading or building permits for this project, developer shall cause owner
to give written consent to the city engineer for the annexation of the area shown within the
boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 and/or to the formation or annexation into an additional Street Lighting and
Landscaping District. Said written consent shall be on a form provided by the city engineer.
Grading
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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 pay all applicable grading plan
review and permit fees per the city's latest fee schedule.
Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California
Regional Water Quality Control Board, new storm water requirements become effective near the
end of 2015, could affect the design of this project. Prior to construction, Developer shall
demonstrate compliance with latest storm water requirements to the satisfaction of the city
engineer.
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
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maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
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.
Developer is responsible to ensure that all final design plans (grading plans, landscape plans,
building plans, etc.) incorporate all source control, site design and Low Impact Design (LID)
facilities.
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 reducing the use of new impervious surfaces (e.g.:
paving) and designing drainage from impervious surfaces to discharge over pervious areas (e.g.:
turf, landscape areas) all to the satisfaction of the city engineer.
12 Utilities
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Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
19 following:
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Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 3 as required by Carlsbad Municipal Code Section 21.90.050.
Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
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.
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 18.04.320.
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· NOTICE TO APPLICANT
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An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
3 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
4 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 affinal approval to protest imposition ofthese 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
12 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
13 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 c f th:' .::ity
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of Carlsbad, California, held on August 17, 2016, by the following vote, to wit:
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AYES: Chairperson Anderson, Commissioners Black, L'Heureux and !I
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NOES:
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ABSENT: Commissioners Goyarts, Montgomery and Siekmann
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ABSTAIN: 7
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VELYN ANDERSON, Chairperson
11 CARLSBAD PLANNING COMMISSION
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ATTEST:
~~
DON NEU
City Planner
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