HomeMy WebLinkAbout2017-12-20; Planning Commission; Resolution 7281
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
AND MINOR VARIANCE TO ALLOW FOR DEMOLITION OF AN EXISTING
SINGLE-FAMILY RESIDENCE AND THE CONSTRUCTION OF A NEW 3,861
SQUARE FOOT SINGLE FAMILY RESIDENCE WITH 550 SQUARE FEET OF
GARAGE SPACE, AND A FRONT YARD SETBACK REDUCTION OF FIVE FEET
AND A REAR YARD SETBACK REDUCTION OF 1’-8”, WITHIN THE MELLO II
SEGMENT OF THE CITY’S LOCAL COASTAL PROGRAM LOCATED AT 2680
OCEAN STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: OCEAN STREET RESIDENCE
CASE NO: CDP 2017-0021/V 2017-0004 (DEV2017-0016)
WHEREAS, Ayal Shafran, “Developer/Owner,” has filed a verified application with the City
of Carlsbad regarding property described as
Lot 84 of Granville Park No. 2, in the City of Carlsbad, County of San
Diego, State of California, according to the map thereof No. 2037, filed
in the office of the County Recorder of San Diego County, June 18, 1927
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibit(s) “A” – “K” dated December 20, 2017, attached hereto and on file in the
Carlsbad Planning Division, CDP 2017-0021/V 2017-0004 – OCEAN STREET RESIDENCE, as provided in
Chapter 21.201.030 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on December 20, 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
of CDP 2017-0021/V 2017-0004 – OCEAN STREET RESIDENCE, based on the following
findings and subject to the following conditions:
PLANNING COMMISSION RESOLUTION NO. 7281
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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 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.
Minor Variance
4. 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 subject lot is considered substandard at 3,500 square feet, which is
approximately 47 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. The strict application of the zoning ordinance requiring residential
buildings to be 20 feet from the front and 10 feet from the rear property line physically
constrains or constricts any development onsite from satisfying current development
standards. In addition, the configuration of the substandard lot is considered shallow when a
typical lot in the R-3 zone is approximately 125 feet in depth, furthering the deprivation for
future development. 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.
5. 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
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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 grant of special
privilege. Overall, the proposed front yard setback reduction to 15 feet and rear yard setback
reduction to 8’-4” are similar to several of the nearby properties within the neighborhood.
6. 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 15 feet and the rear yard
setback from 10 feet to 8’-4”, 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.
7. 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 a two-car garage. The proposed use is expressly authorized by the Zoning Ordinance and
General Plan regulations governing the subject 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.
8. 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 demolition of an existing
single-family residence and construction of a new 3,861 square foot single-family residence
with an attached two-car garage, 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
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-15 Residential, and under Land Use Element Policy 2-P.7 one single-family dwelling
is permitted to be constructed on a legal lot that existed as of October 28, 2004. The subject lot
was legally created on June 18, 1927. Therefore, the proposed new single-family residence is
consistent with the Elements of the city’s General Plan.
10. 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
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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.
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 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.
12. That the project is consistent with the city’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
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 2017-0021/V 2017-0004 – OCEAN STREET RESIDENCE as shown on
Exhibits “A” – “K”, dated December 20, 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 Minor Variance.
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3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development 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,
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 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 and Minor Variance by Resolution(s) No. 7281 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. 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
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Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project’s building
improvement, and grading plans.
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 development must be met prior to approval of 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.
Fees/Agreements
15. 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.
16. Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
17. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement
with the city on a city standard form for the future public improvement of Ocean Street along the
property frontage for a half street width of twenty five feet. Public improvements shall include
but are not limited to (paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing,
undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, and
PEDESTRIAN RAMP).
Grading
18. 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.
19. 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.
20. 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 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.
21. 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.
Improvements
22. Developer shall design all proposed public improvements including driveway, as shown on site
plan. These improvements shall be shown on one of the grading plans processed in conjunction
with this project.
23. Developer shall design the private drainage systems, as shown on the site plan 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.
24. Developer shall cause owner to dedicate to the city an additional 5 feet of right-of-way
for public street & public utility purposes as shown on the site plan. The offer shall be
made by a separate document. All land so offered shall be free and clear of all liens and
encumbrances and without cost to the city. Additional easements may be required at
final design to the satisfaction of the City Engineer.
Utilities
25. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
26. The developer shall install potable water service and meter at locations approved by the district
engineer. The locations of said services shall be reflected on the grading plan.
27. The developer shall agree to install sewer lateral at location approved by the city engineer. The
locations of sewer laterals shall be reflected on the grading plans.
28. The developer shall design and agree to construct public water and sewer facilities substantially
as shown on the site plan to the satisfaction of the district engineer and City Engineer.
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Code Reminders
29. 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.
30. 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.
31. Prior to issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
32. 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.
33. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
34. 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 December 20, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Segall, Commissioners Anderson, Black, Goyarts,
Montgomery and Rodman
Commissioner Siekmann
JEFF SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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