HomeMy WebLinkAbout2016-08-17; Planning Commission; Resolution 71831
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PLANNING COMMISSION RESOLUTION NO. 7183
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
AND MINOR VARIANCE TO ALLOW FOR THE CONSTRUCTION OF A 1,983
SQUARE FOOT SINGLE-FAMILY RESIDENCE WITH AN ATIACHED TWO-
CAR GARAGE WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL
COASTAL PROGRAM GENERALLY LOCATED ON THE NORTH SIDE OF
NORMANDY LANE (APN 203-023-04-00) WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: RANCHO PARADISO
CASE NO: COP 16-18/AV 16-03
WHEREAS, Gary & Sandy Barberio, "Developer/Owner," have filed a verified application
with the City of Carlslbad regarding property described as
Lot 37 of Granville Park, in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 1782, filed in the office
of the County Recorder of San Diego County, February 21, 1924.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit and Minor Variance as shown on Exhibit(s) "A-J" dated July 20, 2016, attached hereto and on file
in the Carlsbad Planning Division, CDP 16-18/AV 16-03-RANCHO PARADISO, as provided in Chapters
21.201 and 21.50 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;
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)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission APPROVES
CDP 16-18/AV 16-03-RANCHO PARADISO, based on the following findings and subject
to the following conditions:
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Findings:
Coastal Development Permit
1.
2.
3.
That the protposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the site is designated for residential development and the project
proposes single-family residential development; the development is consistent with the LCP
Mello II Land Use designation of R-15 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 three-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 undeveloped site is not located in an area prone to landslides, or
susceptible to accelerated erosion, floods, or liquefaction.
Minor Variance
4.
5.
That because of special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings, the strict application of the zoning ordinance deprives such
property of privileges enjoyed by other property in the vicinity and under identical zoning
classification in that the lot is substandard at 2,511 square feet, which is approximately 33% of
the 7,500 square foot minimum lot size for the R-3 zone. The lot was legally created more than
90 years ago (1924) and is the smallest of the lllots that have frontage on Normandy Lane; all
of which are substandard in size. In addition to being substandard in lot size, the project site is
square with 50' by 50' dimensions. The minimum lot width for the R-3 zone is 60 feet and
therefore this lot falls short by 10'. At 50' in depth, it is impossible to meet the required
minimum interior dimension standards for a two-car garage (20'x20') and maintain the required
20' front yard setback for street facing garages and also have a 10' rear yard setback.
That the minor variance shall not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which the subject property is located
and is subject to any conditions necessary to assure compliance with this finding in that the
surrounding neighborhood consists entirely of substandard lot sizes and developed properties
that generally do not meet the current R-3 development standards. The project site has never
been developed and is the last remaining vacant lot on Normandy Lane. Most of the
surrounding lots have been developed in a way that they do not meet at least one of the current
required development standards of the R-3 zone. Deviations on other lots include front yard,
rear yard, and side yard setback reductions and lack of a required two-car garage. The three
developed properties on the north side of Normandy Lane that take access from and primarily
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6.
7.
8.
General
9.
front on Normandy Lane all have modified front and rear yard setbacks. The combined front
and rear yard setback average for these three properties ranges from 7.25 to 8.35', with only
one of the properties having a two-car garage. The combined setback of the proposed project
is 7 .5' and also proposes a two-car garage.
That the minor variance does not authorize a use or activity which is not otherwise expressly
authorized by the zone regulation governing the subject property in that the granting of a minor
variance to reduce the required front yard setback from 14.8 feet to 10-11.1 feet and the rear
yard setback from 10 feet to 5 feet, does not authorize a use which is not otherwise expressly
permitted by the zoning regulations in that a one-family dwelling with a second dwelling unit is
allowed by roght within the Multiple-Family Residential (R-3) zone. Therefore, a deviation from
the setback standards does not authorize a use or activity which is not authorized by the zone.
That the minor variance is consistent with the general purpose and intent of the general plan and
any applicable specific or master plans in that the project consists of a new single-family home
with a two-car garage. The proposed use is expressly authorized by the Zoning Ordinance and
General Plan regulations governing the subject property. The granting of a Minor Variance for
front yard and rear yard setbacks does not allow for or authorize a use not expressly permitted.
The minor variance is consistent with the general purpose and intent of the certified local coastal
program and does not reduce or in any manner adversely affect the requirements for protection
of coastal resources in that the project consists of the construction of a new 1,983 square foot
single-family residence with an attached two-car garage, with reduced setbacks, in an area
designated for single-family and multi-family residential development. The proposed three-
story residence is compatible with the surrounding development of one to three-story
residential structures. The three-story residence will not obstruct views of the coastline as seen
from public lands or the public right-of-way, nor otherwise damage the visual beauty of the
coastal zone. Furthermore, no agricultural uses exist on the site, nor are there any sensitive
resources located on the site. The proposed single-family residence is not locatedl in an area of
known geologic instability or flood hazard; and given that the site does not have any frontage
along the coastline, no public opportunities for coastal shoreline access or water-oriented
recreational activities are available. Furthermore, the subject property is an undeveloped
parcel that does not include steep slopes (equal to or greater than 25% gradient) nor native
vegetation. In addition, the site is not located in an area prone to landslides, or susceptible to
accelerated erosion, floods or liquefaction. Therefore, granting such a variance to construct
one single-fa1mily home will not adversely affect the Local Coastal Program.
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-15 Residential. The R-15 Land Use designation allows for the development of
single-family, two-family and multiple-family residences at a density range of 8 to 15 dwelling
units per acre (du/ac) with a Growth Management Control Point (GMCP) of 11.5 du/ac. The
project site has a net developable acreage of 0.06 acres and at the 11.5 GMCP, 0. 7 dwelling units
are allowed. The project's proposed density of 16.7 du/ac is above the R-15 density range of 8
to 15 du/ac. However, one single-family dwelling is permitted to be constructed on a legal lot
that existed as of October 28, 2004 pursuant to General Plan Residential Land Use Policy 2-P.7.
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10.
11.
12.
13.
The subject lot was legally created prior to October 28, 2004; therefore development of a one-
family dwelling is consistent with the R-15 General Plan land Use designation.
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 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 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
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 the 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 0.06 acres of Group-F habitat (i.e., Disturbed lands).
That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15303(a), construction of a single-family residence and Section
15305, minor alterations in land use limitations, of the state CEQA Guidelines. 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.
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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.
2.
3.
4.
5.
6.
7.
Approval is granted for COP 16-18/AV 16-03-RANCHO PARADISO as shown on Exhibits "A"-
"J," dated July 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.
If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the City's approval of this Coastal Development Permit
and Minor Variance.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development Permit and Minor Variance 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 and Minor Variance,
(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.
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8.
9.
10.
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13.
14.
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 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 and Minor Variance by
Resolution No. 7183 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.
Prior to the issuance of building permits, the Developer shall pay to the 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 time.
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 ofthe General Plan. Developer or Developer's successor(s) in interest shall
pay the fee prior to recordation of a final rna p, 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 0.06 acres of Group-F habitat (i.e., Disturbed
lands). If the In-lieu Mitigation Fees for this project are not paid, this project will not be consistent
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with the Habitat Management Plan and the General Plan and any and all approvals for this project
shall become null and void.
Engineering:
NOTE: Unless specifically stated in the condition, all oft he following conditions, upon the approval of this
proposed development, must be met prior to approval of a building or grading permit whichever occurs
first.
General
15.
16.
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 submit to the city planner, a copy of the site plan reflecting the conditions
approved by the final decision making body. The copy shall be submitted to the city planner,
reviewed and, if acceptable, signed by the city's project engineer and project planner prior to
submittal of the building plans or grading plans, whichever occurs first.
Grading
17.
18.
19.
20.
Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a minor grading permit for this project is required. Developer shall process a minor grading plans
to the satisfaction of the city engineer. Developer shall pay all applicable grading plan check and
permit fees per the city's latest fee schedule.
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 complete City of Carlsbad Standard Stormwater Requirement Checklist (SSRC)
Form. Developer is responsible to ensure that all final design plans grading plans, and building
plans incorporate applicable best management practices (BMPs) provided in the SSRC. 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, prevention of illicit discharges into the storm drain, storm drain
stenciling or signage, etc.
Developer shall submit to the City Engineer a completed 'Determination of Project SWPPP Tier
Level and Construction Threat Level' (PTLCTL) form. Concurrent with the completed PTLCTL form,
developer shall also submit the appropriate Storm Water Pollution Prevention Plan (SWPPP} as
determined by the completed PTLCTL 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.
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Utilities
21.
22.
23.
Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
The developer shall agree to install sewer laterals and clean-outs at locations approve~ by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
8 Code Reminders:
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24.
25.
26.
27.
28.
29.
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.
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
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.
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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
8 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
9 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 August 17, 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Anderson, Commissioners Black, L'Heureux, Montgomery,
Segall and Siekmann
Commissioner Goyarts
vE~ditf~W
CARLSBAD PLANNING COMMISSION
ATTEST:
~~
DON NEU
City Planner
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