HomeMy WebLinkAbout2017-10-18; Planning Commission; Resolution 7269
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
TO ALLOW FOR THE CONSTRUCTION OF A NEW 3,349 SQUARE FOOT
SINGLE-FAMILY RESIDENCE ON A VACANT 0.35 ACRE PARCEL LOCATED
WITHIN THE MELLO II SEGMENT OF THE CITY’S LOCAL COASTAL
PROGRAM ON ADAMS STREET APPROXIMATELY 250 FEET NORTHWEST
OF ITS INTERSECTION AT HIGHLAND DRIVE WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: POLZIN RESIDENCE
CASE NO: CDP 2017-0018 (DEV2017-0061)
WHEREAS, The Polzin Family Trust, “Developer/Owner,” has filed a verified application
with the City of Carlsbad regarding property described as
That portion of Lot 11 in Block “C” of Bellavista, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof No.
2152, filed in the office of the County Recorder of San Diego County,
March 7, 1929. As described in deed recorded September 14, 2016 as
Doc. No. 2016-0480819. More particularly described as Parcel “A” of
Certificate of Compliance recorded September 12, 2016 as Doc. No.
2016-0475201.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibit(s) “A” – “V” dated October 4, 2017, attached hereto and on file in the Carlsbad
Planning Division, CDP 2017-0018 – POLZIN RESIDENCE, as provided in Chapter 21.201.030 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on October 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. 7269
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B) That based on the evidence presented at the public hearing, the Commission APPROVES
CDP 2017-0018 – POLZIN RESIDENCE, 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 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; no agricultural activities, sensitive resources,
geological instability, flood hazard or coastal access opportunities exist onsite; and given the
project’s distance from the coastline and location uphill from Adams Street, the two-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.
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 shoreline; 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.
4. 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.
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 designation allow for the development of single-family
residences 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 0.35 acre lot. The project is conditioned to pay an inclusionary housing in-
lieu fee for one (1) unit.
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6. 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 is construction of a new
residence that is within the Overflight Notification zone. As a requirement of ALUCP Section
3.6.3, the project has been conditioned to require the applicant to record a notice concerning
aircraft noise.
7. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat
Management Plan (HMP), which is a comprehensive conservation plan and implementation
program that will facilitate the preservation of biological diversity and provide for effective
protection and conservation of wildlife and plant species while continuing to allow compatible
development in accordance with Carlsbad’s Growth Management Plan. Preservation of wildlife
habitats and sensitive species is required by the Open Space and Conservation Element of the
city’s General Plan which provides for the realization of the social, economic, aesthetic and
environmental benefits from the preservation of open space within an increasingly urban
environment. Moreover, each new development will contribute to the need for additional
regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu
Mitigation Fee imposed on all new development within the city is essential to fund
implementation of the city’s Habitat Management Plan. Pursuant to the HMP, the project has
been conditioned to pay habitat in-lieu fees for impacts to 0.15 acres of Group-E habitat (Non-
Native Grassland) and 0.2 acres of Group-F habitat (Disturbed Lands).
8. 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) 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. Consistent with the section, the
project is proposing to construct a new single-family residence, which is located on a
residentially zoned property (i.e., R-1-15,000 Zone). 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.
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:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the approval of a
building permit or grading permit, whichever occurs first.
1. Approval is granted for CDP 2017-0018 as shown on Exhibits “A” – “V”, dated October 4, 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;
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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
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. 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.
8. 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.
9. At issuance of building permits, Developer shall pay to the city an inclusionary housing in-lieu fee
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.
10. 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).
11. 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.
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12. 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 by Resolution No. 7269 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.
13. 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.
14. 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.
15. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits to
wildlife, as documented in the city’s Habitat Management Plan and the environmental analysis
for this project. Developer is aware that the city has adopted an In-lieu Mitigation Fee consistent
with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to
fund mitigation for impacts to certain categories of vegetation and animal species. The Developer
is further aware that the city has determined that all projects will be required to pay the fee in
order to be found consistent with the Habitat Management Plan and the Open Space and
Conservation Element of the General Plan. Developer or Developer’s successor(s) in interest shall
pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit,
whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not
be consistent with the Habitat Management Plan and the General Plan and any and all approvals
for this project shall become null and void. Pursuant to the HMP, the project shall pay habitat
in-lieu fees for impacts to 0.15 acres of Group-E habitat (i.e., Non-Native Grassland) and 0.2
acres of Group-F habitat (i.e., Disturbed Lands).
16. Construction activities shall avoid the off-site bird breeding season (February 15 to September
15). However, if the nesting season cannot be avoided, the following measures shall be
implemented:
Note: The offsite suitable coastal sage scrub habitat is located on private land (APN’s 206-172-
05-00 and 206-172-06-00). Authorization to access the property to conduct the nest bird
surveys will require owner authorization. If authorization is not granted, the City of Carlsbad
will provide direction to ensure no indirect impacts occur to nesting bird species as a result of
project initiation.
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A. A single pre-construction nesting bird survey will be conducted by a qualified biologist
in appropriate habitat for all nesting MBTA covered bird species including the coastal
California gnatcatcher within a 50-ft. survey buffer within three (3) days before
construction.
B. The USFWS will be notified immediately of any federally listed species that are located
during pre-construction surveys.
C. If nests of listed birds, migratory birds, raptors, or other sensitive species are located,
they will be fenced with a protective buffer of at least 500 feet from active nests of list
species, and 300 feet from common bird species. All construction activity shall be
prohibited in this area.
D. During the breeding season, construction noise will be measured regularly to maintain
a threshold at or below 60dBA hourly Leq within 500 feet of breeding habitat occupied
by listed species. If noise levels exceed the threshold, the construction array shall be
changed or noise attenuation measures shall be implemented until a qualified biologist
determines that the nestlings have successfully fledged.
17. Prior to the commencement of any ground disturbing activities, the project developer shall:
A. Retain the services of a qualified paleontologist who shall be on-site for the original
cutting of previously undisturbed native soil (part-time for marine terrace deposit areas
and full-time for Santiago Formation deposit areas). The paleontologist shall recover
any discovered fossils and is empowered to temporarily divert or halt grading to allow
recovery in a timely manner. Fossils shall be treated appropriately, catalogued, and
deposited with pertinent field notes, photos, and maps, etc., as a donation with
financial support for initial specimen storage in a scientific institution with permanent
paleontological collections.
B. Retain the services of a qualified archaeologist who shall be on-site for ground
disturbing activities. In the event cultural material is encountered, the archaeologist is
empowered to temporarily divert or halt grading to allow for coordination with the
Luiseño Native American monitor and to determine the significance of the discovery.
The archaeologist shall follow all standard procedures for cultural materials that are not
Tribal Cultural Resources.
C. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources
Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission
Indians or other Luiseño tribe that meets all standard requirements of the tribe for such
Agreements. This agreement will address provision of a Luiseño Native American
monitor and contain provisions to address the proper treatment of any tribal cultural
resources and/or Luiseño Native American human remains inadvertently discovered
during the course of the project. The agreement will outline the roles and powers of
the Luiseño Native American monitors and the archaeologist.
18. 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
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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.
19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project’s building
improvement, and grading plans.
Engineering
General
20. 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.
21. 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.
Fees/Agreements
22. Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
23. 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.
24. Property owner shall enter into a lien contract with the city for the future public improvement
of Adams Street along the property frontage. Public improvements shall include but are not
limited to the improvements shown on the Adams Street Alignment Study Drawing Number
331-5.
Grading
25. 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 as required by City Engineer, post security and pay all applicable grading
plan review and permit fees per the city’s latest fee schedule.
26. This project may require off site grading. No grading for private improvements shall occur outside
the project unless developer obtains, records, and submits a recorded copy, to the City Engineer,
a temporary grading, construction or slope easement or agreement from the owners of the
affected properties. If developer is unable to obtain the temporary grading or slope easement,
or agreement, no grading permit will be issued. In that case developer must either apply for and
obtain an amendment of this approval or modify the plans so grading will not occur outside the
project and apply for and obtain a finding of substantial conformance and/or consistency
determination from both the City Engineer and City Planner.
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Storm Water Quality
27. 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.
28. 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.
29. 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.
Dedications/Improvements
30. Developer shall cause owner to dedicate to the city and/or other appropriate entities for the
public street & public utility purposes as shown on the site plan. The offer shall be made by a
separate recorded document. All land so offered shall be free and clear of all liens and
encumbrances and without cost to the city. Streets that are already public are not required to be
rededicated. Additional easements may be required at final design to the satisfaction of the City
Engineer.
31. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the City Engineer. All private drainage systems (12” diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plan check
and inspection fees for private drainage systems.
32. Developer shall design all proposed public improvements including but not limited to sewer
lateral, driveway, street trees, water service/meter, grading, clearing and grubbing as shown on
the site plan. These public improvements may vary from the site plan subject to City Engineer
approval and these improvements shall be shown on the grading plan subject to City Engineer
approval.
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city’s current fee schedule. Developer shall apply for and obtain a right-of-way permit
prior to performing work in the city right-of-way.
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Utilities
33. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
34. Developer shall install potable water and/or recycled water services and meters at locations
approved by the District Engineer. The locations of said services shall be reflected on public
improvement plans.
35. The developer shall agree to install sewer laterals and clean-outs at locations approved by the
City Engineer. The locations of sewer laterals shall be reflected on public improvement plans.
Code Reminders
36. 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.
37. 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 tentative map are for planning purposes
only.
38. Prior to issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
39. 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.
40. 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.
41. Premise identification (address) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.320.
42. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
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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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