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HomeMy WebLinkAbout2018-07-18; Planning Commission; Resolution 7302PLANNING COMMISSION RESOLUTION NO. 7302 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT FOR THE ADDITION OF 1,766 SQUARE FEET TO AN EXISTING SINGLE- FAMILY RESIDENCE LOCATED AT 390 CHINQUAPIN AVENUE WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: JONES RESIDENCE CASE NO: CDP 2018-0017 (DEV2018-0029) WHEREAS, Petyon and Andrea Jones, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Parcel 1 of Parcel Map No. 2146, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the Recorder of San Diego County ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits "A" -"G" dated July 18, 2018, attached hereto and on file in the Carlsbad Planning Division, CDP 2018-0017 -JONES RESIDENCE, as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on July 18, 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 2018-0017 -JONES RESIDENCE, 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 has an LCP Land Use Plan designation of R-23 Residential, which allows for a density of 15-23 dwelling units per acre (du/ac) and 19 du/ac at the Growth Management Control Point {GMCP). The project site has a net area of 0.27 acres; at the GMCP, five (5) dwelling units are allowed. The proposal to remodel the existing single-family home is consistent with the R-23 LCP Land Use Plan designation. The project consists of the addition of 1,766 square feet of new habitable space to a single-family home, including the addition of a second floor. The project is compatible with the surrounding development of one-and two- story single-family residences. The addition of a second floor will not obstruct views of the coastline as seen from public lands or the public right-of-way, or otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the previously developed site, nor are there any sensitive resources located on the developable portion of the site. The existing single-family residence is not located in an area of known geologic instability or flood hazards. 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 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. 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 0.27-acre property is R-23 Residential. The R-23 designation allows for the development of single-family and multi-family residences at a density range of 15 to 23 dwelling units per acre (du/ac) with a Growth Management Control Point (GMCP) of 19 du/ac. At the GMCP, a minimum of five (5) residential units could be developed. The 1,766-square-foot addition to the existing single-family residence does not increase the number of units on the property. Therefore, the project is consistent with the 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 15301(e)(2) -Existing Facilities -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. 7. 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. PC RESO NO. 7302 -2- 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 2018-0017 as shown on Exhibits "A" -"G", dated July 18, 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. PC RESO NO. 7302 -3- 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 Development Permit by Resolution No. 7302 on the property. Said Notice ofRestriction 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. 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. 12. Prior to issuance of the building permit, the existing fence around the perimeter of the property shall be modified to comply with the Zoning Code, to the satisfaction of the City Planner. The maximum permissible height in the front yard setback is 42 inches. The maximum permissible height in the required side and rear yard setback is six (6) feet. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 13. 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. 14. 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. PC RESO NO. 7302 -4- 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 18, 2018, by the following vote, to wit: AYES: Chair Montgomery, Commissioners Anderson, Geidner, Luna, Meenes and Segall NOES: ABSENT: ABSTAIN: MARTELL MONTGOMERY, Ch CARLSBAD PLANNING COMM ATTEST: ~21.u DON NEU City Planner PC RESO NO. 7302 -5-