HomeMy WebLinkAbout2016-12-07; Planning Commission; Resolution 7216
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
CDP 15-49 TO ALLOW FOR THE CONSTRUCTION OF A 4,040 SQUARE FOOT
SINGLE-FAMILY RESIDENCE WITH AN ATTACHED THREE-CAR GARAGE
WITHIN THE MELLO II SEGMENT OF THE CITY’S LOCAL COASTAL
PROGRAM GENERALLY LOCATED ON THE WEST SIDE OF JAMES DRIVE,
APPROXIMATELY 650 FEET SOUTH OF TAMARACK AVENUE (LOT 3 OF CT
08-06) WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: HIGHLAND JAMES SUBDIVISION LOT 3
CASE NO: CDP 15-49
WHEREAS, Veck Investment Properties, LLC, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 3 of Carlsbad Tract CT 08-06-01, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof No. 16021, filed
in the office of the County Recorder of San Diego County, April 13, 2015
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibit(s) “A” – “G” dated December 7, 2016, attached hereto and on file in the
Carlsbad Planning Division, CDP 15-49 – HIGHLAND JAMES SUBDIVISION LOT 3, as provided in Chapter
21.201 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on December 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) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
CDP 15-49 – HIGHLAND JAMES SUBDIVISION LOT 3, based on the following findings and
subject to the following conditions:
PLANNING COMMISSION RESOLUTION NO. 7216
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Findings:
1. 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 based on the prior approval of the
overall subdivision (CT 08-06), and the proposed project is the development of one single family
residence on one of the five residential lots created by CT 08-06. No agricultural activities,
sensitive resources, geological instability, flood hazard or coastal access opportunities exist
onsite. Given the project’s 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 and will
not otherwise damage the visual beauty of the coastal zone.
2. 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.
3. 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 Program (JRMP) to avoid increased urban runoff, 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.
4. 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.
5. 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 construct a new single-family residence, which is
located on a residentially zoned property. In making this determination, the City Planner has
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found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to
this project.
6. 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:
General
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 CDP 15-49 as shown on Exhibits “A” – “G,” dated December 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 of this Coastal Development Permit.
3. 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.
4. 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
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.
6. 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
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emission by the facility of electromagnetic fields or other energy waves or emissions. This
obligation survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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(s) No. 7216 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.
14. 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.
15. 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
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#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.
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
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.
17. 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.
18. This approval is subject to the approval and conditions of CT 08-06, CDP 08-17, HDP 08-03, and
ZC 08-01.
Fees/Agreements
19. 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.
20. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
Grading
21. 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.
22. Developer shall complete and submit to the city engineer a Determination of Project’s SWPPP Tier
Level and Construction Threat Level Form (PTLACTL) pursuant to City Engineering Standards.
Concurrent with the PTLACTL, 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 PTLACTL 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.
23. 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
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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.
24. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to demonstrate how this project meets new/current storm water treatment
requirements per the City of Carlsbad BMP Design Manual (BMPDM), latest version. Developer
shall pay all applicable SWQMP plan review and inspection fees per the city’s latest fee schedule.
25. Developer acknowledges hydromodification (runoff reduction) requirements impact how project
treats and/or retains storm runoff. Hydromodification involves detailed site design and analysis
to reduce the amount of post-development run-off by mimicking the natural hydrologic function
of the site, preserving natural open-spaces and natural drainage channels, minimizing use of new
impervious surfaces, and promoting onsite infiltration and evaporation of run-off. During final
design, developer shall demonstrate compliance with hydromodification requirements to the
satisfaction of the city engineer.
26. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, treatment control
BMP, and applicable hydromodification measures.
Utilities
27. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
Code Reminders:
28. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
29. 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.
30. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
31. 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.
32. 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.
33. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.320.
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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.
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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