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HomeMy WebLinkAbout2017-12-20; Planning Commission; Resolution 7281 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RESO NO. 7281 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RESO NO. 7281 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RESO NO. 7281 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 7281 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RESO NO. 7281 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RESO NO. 7281 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 7281 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. . . . . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RESO NO. 7281 -9-