HomeMy WebLinkAbout2017-01-18; Planning Commission; Resolution 7221
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
TO ALLOW THE ADDITION OF 1,660 SQUARE FEET OF LIVING AREA TO AN
EXISTING SINGLE-FAMILY RESIDENCE, A NEW 540 SQUARE FOOT
GARAGE, AND AN AT GRADE COVERED PATIO ON A .58 ACRE LOT WITHIN
THE MELLO II SEGMENT OF THE CITY’S COASTAL ZONE LOCATED AT 2421
BUENA VISTA CIRCLE WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: SMITH REMODEL
CASE NO: CDP 14-11X1(A)
WHEREAS, Craig & Carolyn Smith, “Developer/Owner,” has filed a verified application
with the City of Carlsbad regarding property described as:
Lot 3 of Buena Vista Gardens, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 2492, filed in
the Office of the County Recorder of San Diego County, August 4, 1948.
Excepting therefrom the southerly 10.00 feet
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibit(s) “A” – “S” dated January 18, 2017, attached hereto and on file in the
Carlsbad Planning Division, SMITH REMODEL – CDP 14-11X1(A), as provided in Chapter 21.201 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission approved CDP 14-11 by Planning Commission
Resolution No. 7071 on September 17, 2014; and
WHEREAS, the Planning Commission did, on January 18, 2017, 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.
PLANNING COMMISSION RESOLUTION NO. 7221
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B) That based on the evidence presented at the public hearing, the Commission APPROVES
CDP 14-11X1(A) – SMITH REMODEL, based on the following findings and subject to the
following conditions:
Findings:
1. 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 a remodel of the existing single-family home
that includes an addition of 1,660 square feet of new single-story living area which includes
converting the existing garage to living area. A new 540 square foot two-car garage will be
provided on-site. The development does not obstruct views of the coastline as seen from public
lands or public right-of-ways or otherwise damage the visual beauty of the coastal zone. No
agricultural activities, sensitive resources, geological instability, or coastal access opportunities
exist on the previously developed site. The subject site has an LCP Land Use Plan designation
of R-4 Residential, which allows for a density of 0 to 4 du/acre and 3.2 du/acre at the Growth
Management Control Point (GMCP). 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;
therefore development of a one-family dwelling is consistent with the R-4 LCP Land Use
designation. In addition, the project is remodeling and adding to an existing single-family
residence. Therefore, no increase in the number of dwelling units on the property is proposed.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the project has been conditioned to dedicate an irrevocable 25 foot wide
lateral access easement along the Buena Vista Lagoon to the California Coastal Commission, or
their designee, as agreed to with the California Coastal Commission.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that no improvements encroach into areas of the
slope with a 25% gradient or more. Minimum setbacks of at least 100 feet from the
lagoon/wetlands are maintained in order to buffer such sensitive habitat area from intrusion.
While the project does not require a grading permit, 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.
4. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.204) in that a) the project has been conditioned to dedicate an irrevocable 25 foot
wide lateral access easement along the Buena Vista Lagoon to the California Coastal
Commission; b) no improvements are proposed toward the existing slope and the existing home
maintains a top of slope setback of 30 feet; c) the proposed remodel and additions will have a
unified architectural design that includes a stucco exterior with Santa Barbara finish, natural
stone veneer, exposed rafter tails, window trim and cementitious roof shingles; d) the project
design is consistent with the surrounding development on Buena Vista Circle and the proposed
remodel complies with applicable side yard setback requirements, which will, to the extent
feasible, continue to preserve existing lagoon views from the street; e) the site has been
previously graded to accommodate the existing home. Any dirt movement will be done by
small equipment for flatwork and drainage purposes; g) the project adheres to all coastal
“stringline” setback requirements.
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5. 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.
6. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City’s General Plan, in that the General Plan Land Use designation for the
property is R-4, Residential. The R-4 Land Use designation allows for a density of 0 to 4 du/acre
and 3.2 du/acre at the Growth Management Control Point (GMCP). 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; therefore development of a one-family dwelling is consistent with
the R-4 General Plan Land Use designation.
7. 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 an addition to an existing 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.
8. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
9. 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.
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1. Approval is granted for CDP 14-11X1(A) as shown on Exhibits “A” – “S,” dated January 18, 2017,
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
Amendment.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development Permit Amendment 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 Amendment, (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 if the City’s approval is not validated.
7. 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,
approved exhibits shall fulfill this condition.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad School District that this project has satisfied its obligation to provide
school facilities.
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9. 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.
10. 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.
11. 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.
12. 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.
13. Prior to the issuance of the building permit, 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(n) Coastal
Development Permit Amendment by Resolution(s) No. 7221 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
#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.
16. Prior to the issuance of the building permit, Developer shall dedicate an irrevocable 25’ wide
lateral access easement along the Buena Vista Lagoon to the California Coastal Commission or
their designee as agreed to with the California Coastal Commission. The easement shall be
located at the rear of the 100’ wetlands buffer (furthest from the shore) or located in an area
approved by the California Coastal Commission.
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Engineering:
17. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering any private enhanced pavement located
within the public right-of-way as shown on the site plan. Developer shall pay processing fees per
the city’s latest fee schedule.
18. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement
with the city on a city standard form for the future public improvement of Buena Vista Circle
along the property frontage for a half street width of twenty feet. Public improvements shall
include but are not limited to site preparation, pavement and base, sidewalk, curb and gutter,
undergrounding of overhead utilities, sewer main, potable water line, fire hydrant, street light,
driveway approach, design contingency, assessment district costs, plan check fees and
inspection.
19. Prior to approval of 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.
20. 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.
Code Reminders:
21. 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.
22. 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.
23. 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.
24. 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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