HomeMy WebLinkAbout2016-09-07; Planning Commission; Resolution 71911
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PLANNING COMMISSION RESOLUTION NO. 7191
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT
CDP 16-09 TO ALLOW FOR THE DEMOLITION OF AN EXISTING SINGLE-
FAMILY RESIDENCE AND DETACHED GARAGE AND THE CONSTRUCTION
OF A 4,250 SQUARE FOOT SINGLE-FAMILY RESIDENCE WITHIN THE
MELLO If SEGMENT OF THE CITY'S COASTAL ZONE LOCATED AT 4090
GARFIELD STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME:
CASE NO:
OTA RESIDENCE
CDP 16-07
WHEREAS, Blair and Paula Ota, "Developer/Owner," has filed a verified application with
the City of Carlsbad regarding property described as
The southeasterly 1.0 foot of Lot 3 and a portion of Lots 4 and 5 in Block
"J" of Palisades, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 1747, filed in the office of the
County Recorder of San Diego County, February 25, 1923.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibits "A-E" dated September 7, 2016, attached hereto and on file in the Carlsbad
Planning Division, COP 16-07-OTA RESIDENCE, as provided in Chapter 21.201 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on September 7, 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
COP 16-07-OTA RESIDENCE, based on the following findings and subject to the following
conditions:
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Findings:
1.
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5.
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 and two-family residential
development and the project proposes to demolish an existing single-family residence and
construct a new single-family residence; the development is consistent with the LCP Mello II
Land Use designation of R-8 Residential; no agricultural activities, sensitive resources,
geological instability, flood hazard or coastal access opportunities exist onsite; 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 located on the opposite side of the street from Agua Hedionda
Lagoon; 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, BMP Design Manual and
Jurisdictional Runoff Management Plan (JRMP) to avoid increased urban rLinoff, pollutants, and
soil erosion. No steep slopes or native vegetation are located on the subject property and the
site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods,
or liquefaction.
The project is consistent with the City-Wide !Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all City public policies and 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 1 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 project site has a General Plan Land Use
designation of R-8 Residential which allows for the development of single-family and two-family
residences at a density of 4-8 dwelling units per acre with a Growth Management Control Point
(GMCP) of 6 dwelling units per acre. The project's density (8.3 du/ac) exceeds the R-8
Residential density range of 4-8 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. The subject lot was legally created prior to October 28, 2004;
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6.
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therefore development of a one-family dwelling is consistent with the R-8 General Plan Land
Use designation.
That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance {Carlsbad Municipal Code Chapter 18.50).
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 in a residential zone. Consistent
with the section, the project is proposing to demolish an existing single-family residence and
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 16-07 as shown on Exhibits "A"-''E," dated September 7, 2016, on
file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2. 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 ofthis Coastal Development Permit.
3.
4.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Developmen1t 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.
5. If any condition for construction of any public improvements or facilities, or the payment of any
28 fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
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6.
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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 a Illegal proceedings have been concluded and continues even if the City's
approval is not validated.
Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
This approval 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. 7191 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 ca[pacity and facilities will continue to be available until
the time of occupancy.
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.
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13.
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The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
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 submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan,
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision making body. The copy shall be submitted to the city planner, reviewed and, if found
acceptable, signed by the city's project planner and project_engineer. If no changes were required,
the approved exhibits shall fulfill this condition.
Engineering
NOTE: Unless specifically stated in the condition, all of the 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
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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.
Developer shall install sight distance corridors at all driveways in accordance with City Engineering
Standards. The property owner shall maintain this condition.
Fees/ Agreements
20.
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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.
22. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement
27 with the city on a city standard form for the future public improvement of Garfield Street along
the property frontage for a half street width of thirty-feet. Public improvements shall include but
28 are not necessarily limited to sidewalk.
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23. Prior to approval of a grading permit or any 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
24. 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 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, building plans and
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,
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.
Code Reminders:
28.
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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.
30. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
28 Council Policy No. 17.
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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 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
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 September 7, 2016, by the following vote, to wit:
AYES: Chairperson Anderson, Goyarts, L'Heureux, Montgomery and Segall
NOES: None
ABSENT: Commissioners Black and Siekmann
ABSTAIN: None
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
~lk
DON NEU
15 City Planner
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