HomeMy WebLinkAbout2018-06-20; Planning Commission; Resolution 73001
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PLANNING COMMISSION RESOLUTION NO. 7300
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
FOR 1,732 SQUARE FEET OF HABITABLE SPACE ADDITIONS TO AN
EXISTING SINGLE-FAMILY RESIDENCE ON PROPERTY GENERALLY
LOCATED AT 5464 CARLSBAD BOULEVARD IN LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME: JAN RESIDENCE REMODEL
CASE NO: CDP 2018-0015 (DEV2018-0025)
WHEREAS, Kendrick Jan & Jill Jan, "Developer/Owner," has filed a verified application with the
City of Carlsbad regarding property described as
Lot 127, as shown on that certain map entitled Terramar unit number
4, in the City of Carlsbad, County of San Diego, State of California, filed
in the Office of the Recorder of the County of San Diego, State of
California According to Map No. 3312 Filed on October 14, 1955.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit as
shown on Exhibit(s) "A" -"D" dated June 20, 2018, attached hereto and on file in the Carlsbad Planning
Division, CDP 2018-0015 -JAN RESIDENCE REMODEL, as provided in Chapter 21.201.030 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on June 20, 2018, hold a duly noticed public hearing as
prescribed by law to consider said request; and
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)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission APPROVES
CDP 2018-0015-JAN RESIDENCE REMODEL, based on the following findings and subject to the following
conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the site is designated for residential development and the project
proposes the addition of 1,732 square feet of new habitable space to an existing one-story
single-family residence. The development is consistent with the LCP Mello II Land Use
designation of R-23 Residential. No agricultural activities, sensitive resources, geological
instability, flood hazard or coastal access opportunities exist on the previously developed site.
The second-story addition to the existing single-family residence will not obstruct views of the
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2.
3.
4.
5.
6.
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.
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.
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.
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.
B.
The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
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.
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 of R-4, allows
the development of one-family dwellings at a density of 0-4 dwelling units per acre with a
Growth Management Control Point (GMCP) of 3.2 dwelling units per acre (du/acre). The project
has a net acreage of 0.17, which would permit a minimum of one dwelling unit at the GMCP.
The additions to the existing single-family residence do not increase the number of units on the
property. (Accessory dwelling units do not count toward density per CMC Section 21.10.030.E.)
Therefore, no change in density is proposed or required to be analyzed.
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
PC RESO NO. 7300 -2-
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7.
documents pursuant to Section 15303 -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.
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 issuance of a building
permit.
1.
2.
3.
4.
5.
6.
Approval is granted for CDP 2018-0015 as shown on Exhibits "A" -"D", dated June 20, 2018, on
file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
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.
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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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 proje_ct without the condition complies with all requirements of law.
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
issuan·ce 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
PC RESO NO. 7300 -3-
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7.
8.
9.
10.
11.
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.
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.
This 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.
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. 7300 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.
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.
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.
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.
PC RESO NO. 7300 -4-
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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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, California, held on June 20, 2018, by the following vote, to wit:
AYES: Chair Montgomery, Commissioners Black, Geidner, Luna, Meenes, and Segall
NOES:
ABSENT: Commissioners Anderson
ATTEST:
DON NEU
City Planner
ABSTAIN:
PC RESO NO. 7300 -5-