Loading...
HomeMy WebLinkAbout2018-02-07; Planning Commission; Resolution 7286 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 TO ALLOW FOR THE ADDITION OF 965 SQUARE FEET OF HABITABLE SPACE, ADDITION OF 80 SQUARE FEET TO THE EXISTING GARAGE, AND A BELOW-GRADE POOL AND PERVIOUS PAVERS TO AN EXISTING SINGLE- FAMILY RESIDENCE WITHIN THE MELLO II SEGMENT OF THE CITY’S LOCAL COASTAL PROGRAM LOCATED AT 2441 BUENA VISTA CIRCLE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: PEELLE RESIDENCE ADDITION CASE NO: CDP 16-24 (DEV16032) WHEREAS, Michael and Lulu Peelle, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 1 of Buena Vista Gardens, in the City of Carlsbad, County of San Diego, State of California, According to Map thereof No. 2492, filed in the office of the Recorder of San Diego County, August 4, 1948 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibit(s) “A” – “K” dated February 7, 2018, attached hereto and on file in the Carlsbad Planning Division, CDP 16-24 – PEELLE RESIDENCE ADDITION, as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on February 7, 2018, 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 16-24 – PEELLE RESIDENCE ADDITION, based on the following findings and subject to the following conditions: PLANNING COMMISSION RESOLUTION NO. 7286 PC RESO NO. 7286 -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: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project site is designated for single-family residential development, and the development consists of the addition of 965 square feet of habitable space, addition of 80 square feet to the existing garage, and a new below-grade pool and pervious pavers to an existing 2,044 square foot single-family residence. The development does not obstruct views of the coastline as seen from public lands or public right-of-ways or otherwise damage the visual beauty of the coastal zone. No agricultural activities, sensitive resources, geological instability, or coastal access opportunities exist on the previously developed site. The subject site has a LCP Land Use Plan designation of (R-4) Residential, which allows for a density of 0-4 du/acre and 3.2 du/acre at the Growth Management Control Point (GMCP). The addition to the existing one-family home does not increase the number of units on the property and, therefore, no change in density is proposed or required to be analyzed. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project has been conditioned to dedicate an irrevocable 25 foot wide lateral access easement along the Buena Vista Lagoon to the California Coastal Commission or their designee as agreed to with the California Coastal Commission. 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that in that no improvements encroach into areas of the slope with a 25 percent gradient or more. Minimum setbacks of at least 100 feet from wetlands/lagoon shall be required in all development, in order to buffer such sensitive habitat area from intrusion. Although, in the event that a wetland area is bordered by steep slopes (in excess of 25 percent) which will act as a natural buffer to the habitat area, a buffer area of less than 100 feet in width may be permitted. The subject property contains slopes in excess of 25 percent along areas adjacent to the Buena Vista Lagoon. The proposed habitable addition will meet the 100 foot wetlands buffer while the existing patio and proposed pool will encroach into the wetland buffer by approximately 14 feet. However, the existing 86 foot wetlands buffer with an elevation difference of 32 feet will be sufficient to ensure protection of the sensitive resource by preventing noise, light, and potential spills, that could disrupt habitat. 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. The project is also conditioned to obtain a grading permit. 4. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204) in that: a) the project has been conditioned to dedicate an irrevocable 25 foot wide lateral access easement along the Buena Vista Lagoon to the California Coastal Commission; b) Although improvements are proposed toward the existing slope, the existing home will maintain a minimum top of slope setback of 11.2 feet. Furthermore, the project has been conditioned to provide a Geotechnical report consistent with Section 21.204.110 of the Carlsbad Municipal Code prior to the issuance of a grading permit. The analysis will need to conclude that the proposed development will have no adverse effect on the stability of the bluff/slope and that the site is suitable for the proposed additions; c) The proposed remodel will have a unified contemporary architectural style with finishes that include white and medium grey stucco, light grey wood fascia, and grey standing seam metal roof; d) The project design is consistent with the surrounding development on Buena Vista Circle and the proposed remodel complies with applicable side yard setback requirements, which will, to the extent feasible, continue to preserve existing lagoon views from the street; e) The site has been PC RESO NO. 7286 -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 previously graded to accommodate the existing home and the topography will not change. Any dirt movement will be done by small equipment for the pool, flatwork and drainage purposes with a grading permit; and f) The project adheres to all coastal “stringline” setback requirements for both the residential structure and patios/decks. Furthermore, the proposed stringline/site plan exhibit has been previously reviewed by the California Coastal Commission’s staff (San Diego office). 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all city public policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 6. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city’s General Plan, in that the General Plan Land Use designation for the property is R-4 Residential. The R-4 designation allows for additions/alterations to an existing single-family residence at a density range of 0 to 4 dwelling units per acre (du/ac) with a Growth Management Control Point (GMCP) of 3.2 du/ac. One dwelling unit is permitted on this 0.40 acre lot. The addition to the existing single-family home does not increase the number of units on the property and, therefore, no change in density is proposed or required to be analyzed. 7. That the project is consistent with the city’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 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 15301(e) – additions to an existing structure – 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. 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: 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. PC RESO NO. 7286 -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 1. Approval is granted for CDP 16-24 as shown on Exhibits “A” – “K”, dated February 7, 2018, 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. 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. 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. 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 PC RESO NO. 7286 -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 Development Permit by Resolution No. 7286 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. 10. 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. 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 Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. No invasive exotic plant species (Lists A and B of the Cal-IPC exotics list) shall be used. No plants that require excessive irrigation, fertilizers, or pesticides shall be used. Irrigation shall be controlled to prevent runoff into the lagoon. 12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 13. 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. 14. Prior to the issuance of the building permit, Developer shall dedicate an irrevocable 25 foot wide lateral access easement along the Buena Vista Lagoon to the California Coastal Commission or their designee as agreed to with the California Coastal Commission. 15. Developer shall provide a Geotechnical Report consistent with Section 21.204.110 of the Carlsbad Municipal Code. The analysis will need to conclude at a minimum that the proposed development will have no adverse effect on the stability of the bluff/slope and that the site is suitable for the proposed additions. 16. If construction is proposed between February 15th and September 15th, a qualified biologist must conduct a nesting bird survey(s) no more than three (3) days prior to initiation of grading to document the presence or absence of nesting birds within or directly (100 feet) adjacent to the project site. Engineering Conditions: General 17. 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. PC RESO NO. 7286 -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 18. 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. 19. Developer shall include rain gutters on the building plans subject to the City Engineer’s review and approval. Developer shall install rain gutters in accordance with said plans. Fees/Agreements 20. 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. 21. Developer shall cause property owner to execute and submit to the City Engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 22. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for recordation, an Encroachment Agreement covering private pervious 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 23. 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. Storm Water Quality 24. 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. 25. 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. 26. 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. PC RESO NO. 7286 -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 Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 27. 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. 28. 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. 29. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 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. . . . . . . . . . . . . . . .