HomeMy WebLinkAbout2018-03-21; Planning Commission; Resolution 7291
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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 DEMOLITION OF AN EXISTING SINGLE-FAMILY
RESIDENCE AND CONSTRUCTION OF A NEW 3,772 SQUARE FOOT TWO-
STORY SINGLE-FAMILY RESIDENCE, A 1,262 SQUARE FOOT BASEMENT,
AN 884 SQUARE FOOT ATTACHED GARAGE, AND A 280 SQUARE FOOT
ROOF DECK WITHIN THE MELLO II SEGMENT OF THE CITY’S LOCAL
COASTAL PROGRAM LOCATED AT 5198 SHORE DRIVE WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 3.
CASE NAME: LINCOLN RESIDENCE
CASE NO: CDP 16-29 (DEV16035)
WHEREAS, Bruce C. Lincoln and Christine S. Lincoln, “Developer/Owner,” has filed a
verified application with the City of Carlsbad regarding property described as
Lot 27 of Terramar Unit No. 1, in the City of Carlsbad, County of San Diego State of
California, According to Map thereof No. 2696, file in the office of the County Recorder
of San Diego County September 6, 1950
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibit(s) “A” – “Q” dated March 21, 2018, attached hereto and on file in the Carlsbad
Planning Division, CDP 16-29 – LINCOLN RESIDENCE, as provided in Chapter 21.201.030 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on March 21, 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
CDP 16-29 – LINCOLN RESIDENCE, based on the following findings and subject to the
following conditions:
PLANNING COMMISSION RESOLUTION NO. 7291
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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, the
project proposes demolition of an existing one-story single-family residence, and construction
of a 3,772 square foot two-story single-family residence, a 1,262 square foot basement, an 884
square foot attached garage, and a 280 square foot roof deck. The development is consistent
with the LCP Mello II R-4 land use designation. No agricultural activities, sensitive resources,
geological instability, flood hazard or coastal access opportunities exist onsite. Given that the
project is located in a residential neighborhood where the majority of dwellings are two stories,
the construction of a new 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 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.
4. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 3 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.
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, 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 September 6, 1950. Therefore, the proposed new single-family residence
is consistent with the Elements of the city’s General Plan.
6. 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), construction of a single-family residence, 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.
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7. That the project is consistent with the city’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
8. 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
grading or building permit, whichever occurs first.
1. Approval is granted for CDP 16-29 as shown on Exhibits “A” – “Q”, dated March 21, 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/Owner 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.
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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. The project shall comply with all conditions and mitigation measures which are required as part
of the Zone 3 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
Development Permit by Resolution No. 7291 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 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
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.
11. 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.
12. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy No. 17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
3, 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.
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.
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 a building or grading permit
whichever occurs first.
General
14. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, Developer shall apply for and obtain approval from, the City Engineer for the
proposed haul route.
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15. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the District Engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
16. Developer shall 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
17. Developer shall cause property owner to execute and submit to the City Engineer for recordation,
the city’s standard form Geologic Failure Hold Harmless Agreement.
18. Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement, with modified language to specify
that the subject property shall continue to accept, in perpetuity, drainage flowing from the
property abutting the rear property line.
19. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for
recordation, an Encroachment Agreement covering private retaining walls, freestanding walls
and potted planters 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.
20. 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 Shore Drive along the
property frontage for a half street width of 30-feet. Public improvements shall include but are
not necessary be limited to sidewalk.
Grading
21. 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
22. 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.
23. 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.
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24. 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
25. 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.
26. Developer shall design all proposed public improvements including but not limited to sewer
laterals, driveways, water services/meters, curb drains, etc. as shown on the site plan. These
improvements shall be shown on one of the following, subject to City Engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing
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.
Utilities
27. The Developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the District Engineer and
City Engineer.
Code Reminders
28. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the City Engineer.
29. 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.
30. Prior to issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
31. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 3 as required by Carlsbad Municipal Code Section 21.90.050.
32. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
33. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.320.
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NOTICE TO APPLICANT
The project site is within the appealable area of the California Coastal Commission. This Coastal
Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without
a valid appeal being filed with the Coastal Commission, following the Coastal Commission’s receipt of the
city’s notice of the CDP issuance (“Notice of Final Action”). The filing of a valid appeal with the Coastal
Commission within such time limit shall stay the effective date of this CDP until such time as a final decision
on the appeal is reached by the Coastal Commission.
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 March 21, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Montgomery, Commissioners Anderson, Black, Rodman and
Segall
Commissioners Goyarts and Siekmann
MARTELL MONTGOME Y, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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