HomeMy WebLinkAbout2017-08-02; Planning Commission; Resolution 7257
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
AND A NONCONFORMING CONSTRUCTION PERMIT TO ALLOW FOR THE
ADDITION OF 1,805 SQUARE FEET OF HABITABLE SPACE TO AN EXISTING
SINGLE-FAMILY RESIDENCE THAT IS A LEGAL NONCONFORMING
STRUCTURE DUE TO INADEQUATE SIDE YARD SETBACK WITHIN THE
MELLO II SEGMENT OF THE CITY’S LOCAL COASTAL PROGRAM LOCATED
AT 7109 DAFFODIL PLACE WITHIN LOCAL FACILITIES MANAGEMENT
ZONE 4.
CASE NAME: 7109 DAFFODIL REMODEL
CASE NO: CDP 2017-0015/NCP 2017-0002 (DEV2017-0049)
WHEREAS, David and Nancy Deisinger, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 238, as shown on that certain map entitled Carlsbad Tract No 73-39
Spinnaker Hills Unit Three, which map was filed in the office of the
Recorder of the County of San Diego, state of California, according to
map no 8453, filed in December 29, 1976
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibit(s) “A” – “N” dated August 2, 2017, attached hereto and on file in the Carlsbad
Planning Division, CDP 2017-0015/NCP 2017-0002 – 7109 DAFFODIL REMODEL, as provided in Chapters
21.201.030 and 21.48 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on August 2, 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 2017-0015/NCP 2017-0002 – 7109 DAFFODIL REMODEL, based on the following
findings and subject to the following conditions:
PLANNING COMMISSION RESOLUTION NO. 7257
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Findings:
Coastal Development Permit
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, the
project proposes additions to an existing single-family residence and the development is
consistent with the LCP Mello II R-4 land use designation. No agricultural activities, sensitive
resources, geological instability, flood hazard or coastal access opportunities exist onsite. Given
the project’s distance from the coastline, the additions to the existing 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.
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; therefore, it 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.
Nonconforming Construction Permit
4. The expansion of the residential structure would not result in an adverse impact to the health,
safety and welfare of surrounding uses, persons or property in that the proposed additions will
not result in an additional structural nonconformity (i.e. no addition or expansion of the
nonconforming area of the structure per CMC Section 21.38.050.A), and meet all applicable
requirements of the R-1 zone. The additions are appropriately located and the architecture will
blend with the existing neighborhood. In addition, the proposed project improvements comply
with all applicable standards. Therefore, the additions will not increase the degree of existing
nonconformity and will not result in an adverse impact to the surrounding area.
5. The area of expansion shall comply with all current requirements and development standards of
the zone (R-1) in which it is located in that the additions comply with front, side and rear yard
setback requirements and all other development standards including building height and lot
coverage. The existing residence has a two-car garage and the project does not require any
additional parking.
6. The expansion/replacement structure shall comply with all current fire protection and building
codes and regulations contained in Titles 17 and 18 in that a building permit, issued by the City
of Carlsbad, is required for the project and the building plans will be reviewed for consistency
with applicable fire protection and building codes prior to issuance. Furthermore, the project
will undergo standard building inspection procedures during the construction of the addition.
7. The expansion/replacement would result in a structure that would be considered an
improvement to, or complimentary to and/or consistent with the character of the neighborhood
in which it is located in that the proposed design will be complementary to the varied character
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of the area given the bulk, scale and size of the additions. The addition of a second story is
compatible with other existing and conforming two-story residences in the area. The project
will meet all applicable development standards for the R-1 zone, including height, setbacks, and
building coverage.
General
8. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 4 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.
9. 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 designation allows for additions/alterations to an existing
single-family residence at a density range of 0 to 4 dwelling units per acre (du/ac) with a Growth
Management Control Point (GMCP) of 3.2 du/ac at the R-4 GMCP. One dwelling unit would be
permitted on this 0.2 acre lot.
10. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated December 1, 2011, in that the project consists of additions to an
existing residence that is within the Overflight Notification zone. As a requirement of ALUCP
Section 3.6.3, since there is no notice on record, the project has been conditioned to require the
applicant to record a notice concerning aircraft noise.
11. 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 15301(e)(2) – additions to existing structures that will not result
in an increase of more than 10,000 square feet in an area where all public services and facilities
are available and the project site is not environmental sensitive 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.
12. 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:
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 2017-0015/NCP 2017-0002 as shown on Exhibits “A” – “M”, dated
August 2, 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
and Nonconforming Construction Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development Permit and Nonconforming Construction 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. 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.
5. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 4 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
6. Prior to the issuance of a building permit, the Developer shall prepare and record a Notice that
this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the City Planner and the City Attorney (see Noise Form
#2 on file in the Planning Division).
7. 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 Coastal
Development Permit and Nonconforming Construction Permit by Resolution No. 7257 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.
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8. 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
4, 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.
9. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
10. 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.
11. Developer/Owner 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 Nonconforming Construction 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.
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.
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 permit.
13. 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.
14. Developer shall submit Tier 1 Storm Water Pollution Prevention Plan (SWPPP). Developer shall
pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule.
15. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that building plans incorporate applicable best management
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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
16. 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.
17. 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.
18. 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.
19. 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.
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 August 2, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Vice Chairperson Montgomery, Commissioners Anderson, Rodman and
Siekmann
Chairperson Segall, Commissioners Black and Goyarts
MARTY MONTGOMERY, Vice Cha
CARLSBAD PLANNING COMMISSION
DON NEU
City Planner
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