HomeMy WebLinkAbout2017-04-05; Planning Commission; Resolution 7236
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING OF A COASTAL DEVELOPMENT
PERMIT TO ALLOW FOR THE ADDITION OF 504 SQUARE FEET OF LIVING
AREA, A 21 SQUARE FOOT ADDITION TO THE GARAGE, AND A 214
SQUARE FOOT VIEW DECK TO AN EXISTING SINGLE-FAMILY RESIDENCE
ON A .24 ACRE LOT ON PROPERTY GENERALLY LOCATED AT 3945
HIGHLAND DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: TSOUKATOS ADDITION
CASE NO: CDP 2016-0002 (DEV 2016-0020)
WHEREAS, John Tsoukatos, “Developer/Owner,” has filed a verified application with the
City of Carlsbad regarding property described as
That portion of Tract 242 of thum lands, in the City of Carlsbad, County
of San Diego, State of California, according to the map thereof No. 1681,
filed in the Office of the County Recorder of San Diego County,
December 9, 1915. Together with that portion of Parcel 1 of Parcel Map
15096, in the City of Carlsbad, County of San Diego, State of California,
filed in the Office of the County Recorder of San Diego County, January
4, 1988 as file no. 88-000448 of official records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibits “A” – “L” dated April 5, 2017, attached hereto and on file in the Carlsbad
Planning Division, CDP 2016-0002, as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on April 5, 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.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
CDP 2016-0002 – TSOUKATOS ADDITION, based on the following findings and subject to
the following conditions:
PLANNING COMMISSION RESOLUTION NO. 7236
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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 project site is designated for single-family residential
development, and the development consists of additions resulting in 504 square feet of
additional living area. 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). At the R-4 GMCP, .8 dwelling units would be
permitted on this 0.24 acre (net developable) property. 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 and R-4 LCP Land Use Plan designation.
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 is 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.
General
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 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
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and 3.2 du/acre at the Growth Management Control Point (GMCP). At the R‐4 GMCP, .8
dwelling units would be permitted on this 0.24 acre (net developable) property. 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.
6. 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.
7. 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.
1. Approval is granted for CDP 2016‐0002 as shown on Exhibits “A” – “L,” dated April 5, 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.
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.
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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
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 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.
8. 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.
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. Prior to the issuance of the building permits, 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. 7236 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.
11. 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.
12. 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.
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Code Reminders:
13. 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.
14. 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.
15. 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.
16. 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 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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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on April 5, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN :
Chairperson Segall, Commissioners Anderson, Black, Montgomery,
Rodman and Siekmann
Commissioner Goyarts
JEF~----,
CARLSBAD PLANNING COMMISSION
ATIEST:
~zt
DON NEU
City Planner
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