HomeMy WebLinkAbout2017-09-06; Planning Commission; Resolution 7262
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT, NON-
CONFORMING CONSTRUCTION PERMIT AND MINOR VARIANCE TO ALLOW
FOR THE CONSTRUCTION OF A 2,579 SQUARE FOOT SINGLE-FAMILY
RESIDENCE WITH TWO ATTACHED ONE-CAR GARAGES WITHIN THE MELLO
II SEGMENT OF THE CITY’S LOCAL COASTAL PROGRAM GENERALLY LOCATED
ON THE SOUTH SIDE OF NORMANDY LANE (APN 203-023-16-00) WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: SCHIFF RESIDENCE
CASE NO: CDP 2017-0009/NCP 17-0001/V 2017-0001 (DEV2017-0031)
WHEREAS, Debra Schiff, “Developer/Owner,” has filed a verified application with the City
of Carlsbad regarding property described as
Portions of Lot 31 and 32 of Granville Park, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof No.
1782, filed in the office of the County Recorder of San Diego County,
February 21, 1924
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit, Non-Conforming Construction Permit and Minor Variance as shown on Exhibits “A” – “I” dated
September 6, 2017, attached hereto and on file in the Carlsbad Planning Division, CDP 2017-0009/NCP
17-0001/V 2017-0001 – SCHIFF RESIDENCE, as provided in Chapter 21.201, Chapter 21.48, and Chapter
21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on September 6, 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, Non-Conforming Construction Permit and Minor Variance.
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 2017-0009/NCP 17-0001/V 2017-0001 – SCHIFF RESIDENCE, based on the following
findings and subject to the following conditions:
PLANNING COMMISSION RESOLUTION NO. 7262
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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 residential development and the project
proposes single-family residential development; the development is consistent with the LCP
Mello II Land Use designation of R-15 Residential; no agricultural activities, sensitive resources,
geological instability, flood hazard or coastal access opportunities exist on-site; and given the
project’s distance from the coastline, the three-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.
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.
Non-Conforming Construction Permit
4. The proposed project in in conformance with the Non-conforming Buildings and Use section
(Chapter 21.48) of the zoning ordinance as discussed below:
a. 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 property is already
developed with a single-family home (to be replaced with a new structure) and is
surrounded by single-family and multi-family residences. In addition, the proposed project
improvements (with the approval of the front and rear yard setback variance) will meet all
current planning, building, and engineering standards.
b. The area of expansion shall comply with all current requirements and development standards
of the zone (R-3/BAOZ) in which it is located in that the new residential structure complies
with current front, side and rear yard setback requirements and all other development
standards such as building height and lot coverage with the approval of the variance (V
2017-0001). The project is consistent with the parking requirements as a new one-car
garage is proposed in addition to the existing one-car garage to remain, and an open visitor
parking space on the paved driveway is provided. The open parking space is required guest
parking in accordance with the BAOZ.
c. 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. Furthermore, the project
will undergo standard building inspection procedures during the construction of the new
three-story residential structure.
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d. 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 new three-story residential structure will
compliment recently approved homes and be consistent with the character of the
neighborhood consisting of one-, two-, and three-story structures. The project will also
provide covered off-street parking spaces (two one-car garages) and one open visitor
parking space as required in the R-3 zone and Beach Area Overlay Zone.
Minor Variance
5. That because of special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings, the strict application of the zoning ordinance deprives such
property of privileges enjoyed by other property in the vicinity and under identical zoning
classification in that the lot is substandard at 3,281 square feet, which is approximately 43
percent of the 7,500 square foot minimum lot size for the R-3 zone. The lot was legally created
more than 90 years ago and is one of the smaller lots within the subdivision and surrounding
area. In addition to being substandard in lot size, the project site is wider at 65 feet with a
shallow depth of 50 feet. The typical lot depth of a standard R-3 lot is 125 feet. At 50 feet in
depth, it is impossible to meet the required minimum interior dimension standards for a two-
car garage (20’ x 20’) and maintain the required 20 foot front yard setback for street facing
garages and a 13 foot rear yard setback. Furthermore, without approval of the variance, the
applicant could not achieve similar lot coverage and square footage enjoyed by other properties
located within the subdivision and surrounding neighborhood.
6. That the minor variance shall not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which the subject property is located
and is subject to any conditions necessary to assure compliance with this finding in that the
surrounding neighborhood consists entirely of substandard lot sizes and developed properties
that generally do not meet the current R-3 development standards. Most of the surrounding
lots have been developed in a way that does not meet at least one of the current required
development standards of the R-3 zone. Deviations on other lots include front yard, rear yard,
and side yard setback reductions and reduced off-street covered parking requirements. This
site and other properties in the neighborhood were originally built with reduced front, side, and
rear yard setbacks. Variances for setback reductions have been granted to other properties in
the same zone and vicinity. Therefore, the minor variance is not considered a special privilege.
Overall, the proposed front yard setback reduction to 10 feet and rear yard setback reduction
ranging from five to eight feet are similar to several of the nearby properties within the
neighborhood.
7. That the minor variance does not authorize a use or activity which is not otherwise expressly
authorized by the zone regulation governing the subject property in that the granting of a minor
variance to reduce the required front yard setback from 20 feet to 10 feet and the rear yard
setback from 13 feet to a range of five to eight feet, does not authorize a use which is not
otherwise expressly permitted by the zoning regulations. A one-family dwelling is allowed by
right within the Multiple-Family Residential (R-3) zone. Therefore, a deviation from the setback
standards does not authorize a use or activity which is not authorized by the zone.
8. That the minor variance is consistent with the general purpose and intent of the general plan and
any applicable specific or master plans in that the project consists of a new single-family home
with two one-car garages (one existing and one proposed). The proposed use is expressly
authorized by the Zoning Ordinance and General Plan regulations governing the subject
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property. The granting of a minor variance for front yard and rear yard setbacks to allow for
the construction of a new home is consistent with the general purpose and intent of the General
Plan for the R-15 Residential Land Use designation.
9. The minor variance is consistent with the general purpose and intent of the certified local coastal
program and does not reduce or in any manner adversely affect the requirements for protection
of coastal resources in that the project consists of the construction of a new 2,579 square foot
single-family residence with two attached one-car garages, with reduced setbacks, in an area
designated for single-family and multi-family residential development. The proposed three-
story residence is compatible with the surrounding development of one- to three-story
residential structures. The three-story residence will not obstruct views of the coastline as seen
from public lands or the public right-of-way, nor otherwise damage the visual beauty of the
coastal zone. Furthermore, no agricultural uses exist on the site, nor are there any sensitive
resources located on the previously developed site. The proposed single-family residence is not
located in an area of known geologic instability or flood hazard. Given that the site does not
have any frontage along the coastline, no public opportunities for coastal shoreline access or
water-oriented recreational activities are available. The subject property is a developed parcel
that does not include steep slopes (equal to or greater than 25 percent gradient) nor native
vegetation. In addition, the site is not located in an area prone to landslides, or susceptible to
accelerated erosion, floods or liquefaction. Therefore, granting such a variance to construct
one single-family home will not adversely affect the Local Coastal Program.
General
10. 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-15 Residential. The R-15 Land Use designation allows for the development of
single-family, two-family and multiple-family residences at a density range of 8 to 15 dwelling
units per acre (du/ac) with a Growth Management Control Point (GMCP) of 11.5 du/ac. The
project site has a net developable acreage of 0.07 acres and at the 11.5 GMCP, 0.8 dwelling units
are allowed. The project’s proposed density of 14.3 du/ac is above the R-15 GMCP but within
the density range of 8 to 15 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;
therefore development of a one-family dwelling is consistent with the R-15 General Plan Land
Use designation.
11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all city public facility 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.
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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.
12. 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 15303(a), exempts the construction of one single-family
residence in a residential zone, and Section 15305(a), exempts minor setback variances not
resulting in the creation of any new parcels, 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.
13. 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 2017-0009/NCP 17-0001/V 2017-0001 – SCHIFF RESIDENCE as shown
on Exhibits “A” – “I”, dated September 6, 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,
Non-Conforming Construction Permit and Minor Variance.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development Permit, Non-Conforming Construction Permit and
Minor Variance 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,
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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.
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, Non-Conforming
Construction Permit and Minor Variance, (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 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, Non-Conforming Construction Permit and Minor Variance by
Resolution(s) No. 7262 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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13. At issuance of building permits, the Developer shall pay to the city an inclusionary housing in-lieu
fee (a total of one, if the existing home is demolished and building permits to replace that home
are not applied for within two years) as an individual fee on a per market rate dwelling unit basis
in the amount in effect at the time, as established by City Council Resolution from time to time.
Engineering Conditions
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed subdivision must be met prior to approval of a building or grading permit whichever
occurs first.
General
14. 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.
15. 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.
16. Developer shall apply for and complete the processing of a certificate of compliance for lot
legality purposes to the satisfaction of the City Engineer. Developer shall pay processing fees
per the city’s latest fee schedule.
Fees/Agreements
17. 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.
18. Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
19. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for
recordation, an Encroachment Agreement covering private pavers located over existing public
right-of-way or easements as shown on the site plan. Developer shall pay processing fees per the
city’s latest fee schedule.
Grading
20. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a minor 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
21. 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.
22. 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.
23. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building 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:
24. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
25. 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.
26. 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.
27. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.320.
28. 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.
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.
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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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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on September 6, 2017, by the following vote, to wit:
AYES: Chairperson Segall, Commissioners Anderson, Black, Goyarts,
Montgomery, Rodman and Siekmann
NOES:
ABSENT:
ABSTAIN:
JEFF SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
DON NEU
City Planner
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