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HomeMy WebLinkAbout2019-04-03; Planning Commission; Resolution 7325PLANNING COMMISSION RESOLUTION NO. 7325 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT, MINOR VARIANCE AND NONCONFORMING CONSTRUCTION PERMIT TO 1) ALLOW FOR A 3,325-SQUARE-FOOT ONE-AND TWO-STORY ADDITION TO AN EXISTING 3,499-SQUARE-FOOT ONE-STORY SINGLE-FAMILY HOM~ WITH BASEMENT; AND 2) ALLOW FOR A REDUCED FRONT YARD SETBACK FROM 20 FEET TO 10 FEET ON PROPERTY LOCATED AT 5031 TIERRA DEL ORO WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: BUCCO LA ADDITION CASE NO: CDP 2018-0020/V 2018-0013/NCP 18-0005 (DEV2018-0036) WHEREAS, James Chinn, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Robert Buccola, "Owner," described as Lot 10, of Tierra Del Oro, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 3952, filed in the Office of the County Recorder of San Diego County, February 4, 1954 ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit, Minor Variance and Nonconforming Construction Permit as shown on Exhibit(s) "A" -"K" dated April 3, 2019, attached hereto and on file in the Carlsbad Planning Division, CDP 2018-0020, V 2018-0013, NCP 18-0005 -BUCCOLA ADDITION, as provided in Chapters 21.48, 21.50 and 21 .. 201 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on April 3, 2019, 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 2018-0020, V 2018-0013, NCP 18-0005 -BUCCOLA ADDITION, based on the following findings and subject to the following conditions: Findings: Coastal Development, CDP 2018-0020 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 partial demolition, remodel and expansion of an existing single-family residence on a 0.38-acre property; the development is consistent with the Mello II land use designation of R-4/OS; no development is proposed within the Open Space (OS) designated portions of the site reserved for the coastal bluff and beach area below; the two-story residence, which is conditioned to replace any existing solid type fencing across the north and south side yard areas with a minimum 75 percent see-through/open type fencing, will not obstruct views of the coastline as seen from public lands or public rights-of-way or otherwise damage the visual beauty of the coastal zone; and no agricultural activities, geological instability, coastal access opportunities or sensitive biological resources exist on the previously graded and developed site. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that while the property is located adjacent to the shore, the project will not interfere with the public's right to physical access as there are existing vertical shoreline public access points in close proximity to the north and south of the project site as discussed in the project staff report. The project is conditioned to dedicate a lateral public access easement with a minimum width of 25 feet of dry sandy beach at all times of the year 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 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 run-off, pollutants and soil erosion. No development is proposed in areas of steep slopes (~25 percent gradient) and no native vegetation is located on the subject property. In addition, 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 provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that a) the project does not interfere with the public's right to physical access as there are existing vertical shoreline public access points in close proximity of the project site to the north along Carlsbad Boulevard across from the Encina Power Plant, and to the south along Carlsbad Boulevard near Cerezo Drive; b) the project is conditioned to dedicate a lateral public access easement with a minimum width of 25 feet of dry sandy beach at all times of the year; c) a geotechnical analysis for the project concluded that the proposed addition does not modify the existing structural footprint and is not anticipated to have a negative impact on the overall stability of the bluff; and the proposed addition is adequately protected from seacliff recession for the anticipated life of the structure given the coastal "stringline" setback and the existing rip-rap revetment on the slope below; d) all enclosed portions of the proposed residential-addition, including the second floor deck, adheres to the coastal "stringline" setback requirements; e) the proposed residential addition will maintain the general quality and character of the existing residence, which is in keeping with PC RESO NO. 7325 -2- the residential neighborhood and presents a generally attractive appearance related to the surrounding environment; and the project is conditioned to replace any existing solid type fencing across the north and south side yard areas with a minimum 75 percent see- through/open type fencing to enable views towards the ocean from the public right-of-way; f) the proposed remodel and addition retains the natural features and topography of the site, in that no grading is proposed that would otherwise alter these features; and the new second floor addition has been stepped further back from the bluff in comparison to the existing residence below and the new roofline is oriented to follow the general topography of the site; and g) the improved site has been previously graded to accommodate the existing single-family residence with basement, which will remain in place, and no grading is proposed for the new additions. Minor Variance, V 2018-0013 5. 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 site is constrained between the street and coastal bluff, which reduces the approximately 260-foot deep lot to a buildable area measuring only 53 feet (factoring in a 20-foot front yard setback and rear yard stringline setback). As a result, less than 30 percent of the site is considered developable and setbacks applicable to the subject lot result in a significantly smaller buildable area than that of comparable sized lots. Additionally, other residences within the immediate neighborhood and along coastal bluff areas within the city have been developed with 10-foot front yard setbacks, or have received approval of variances for 10-foot front yard setbacks. The requested 10-foot front yard setback for the proposed additions to the single-family home with basement is consistent with that which was legally constructed in 1971; does not exceed 75 percent (i.e., 15 feet) of the required front yard; and does not exceed other front yard setback variance requests granted in the same zone and general vicinity. Therefore, requiring strict adherence to the front yard setback requirement would deprive the property of privileges that are enjoyed by other properties in the general vicinity and under the identical zoning classifications. 6. 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 other homes in the immediate neighborhood have 10-foot front yard setbacks, so the proposed front yard setback reduction will be consistent with the setbacks allowed for other properties in the same vicinity and zone. Therefore, the variance would not constitute a special privilege that is not enjoyed by other properties in the vicinity and under the identical zoning classification. 7. 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 a one-family dwelling is allowed by right within the One-Family Residential (R-1) Zone. Therefore, a deviation from the front yard setback standard from 20 feet to 10 feet to allow for the remodel and expansion of an existing one-family dwelling does not authorize a use or activity which is not authorized by the zone. 8. 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 proposed use will remain as a one-family dwelling, consistent with the Residential (R-4) Land Use designation; the proposed project does not change the use or density of the property as discussed above; and no development is PC RESO NO. 7325 -3- proposed within the Open Space (OS) designated portions of the site reserved for the coastal bluff and beach area below. 9. That the minor variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted to implement the local coastal program land use plan, in that the granting of a minor variance is consistent with and implements the requirements of the Local Coastal Program, and will not have an adverse effect on coastal resources as discussed above. Furthermore, the project will maintain coastal "stringline" limits, building height and lot coverage requirements, and will have no impact on sensitive environmental resources. Therefore, granting such a variance will not adversely affect the Local Coastal Program. Nonconforming Construction Permit, NCP 18-0005 10. The expansion/replacement of the structure and/or use would not result in an adverse impact to the health, safety and welfare of surrounding uses, persons or property in that the existing property is currently developed with a single-family home consistent with the R-1 zone and is surrounded by single-family residences of similar sizes to the north, south and east. In addition, the proposed areas of expansion comply with all current Planning, Building and Engineering standards. 11. The area of expansion shall comply with all current requirements and development standards of the zone in which it is located, except as provided in Subsection 21.48.0S0(A)(3) of this chapter in that with the exception of a front yard setback reduction from 20 feet to 10 feet per the minor variance, the proposed areas of expansion comply with current side yard and stringline setback requirements, and all other development standards, including building height and lot coverage. 12. The expansion/replacement structure shall comply with all current fire protection and building codes and regulations contained in Titles 17 and 18 in that a building permit issued by the City of Carlsbad is required for the project and the building plans will be reviewed for consistency with all applicable fire protection and building code standards. Furthermore, the project will undergo standard building inspection procedures during the construction of all improvements to the site. 13. The expansion/replacement would result in a structure that would be considered an improvement to, or complementary to and/or consistent with the character of the neighborhood in which it is located in that the proposed renovation constitutes an update and enhancement to the existing architecture consistent with and complementary to other homes along this same street. Moreover, the proposed renovated single-family residence is comparable in size and height to other existing single-family residences adjacent to and within the vicinity of the project site. Therefore, the proposed project will be consistent with the character of the neighborhood in which it is located. California Environmental Quality Act (CEQA): 14. 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 preparation of environmental documents pursuant to Sections 1530l(e)(2) and 1530S(a) of the State CEQA Guidelines. More specifically, CEQA Section 1530l(e)(2), listed under the Existing Facilities category, is a Class 1 PC RESO NO. 7325 -4- General exemption allowing for additions to existing structures up to 10,000 square feet where all public services and facilities are available to allow for the maximum development permissible under the General Plan and the area is not environmentally sensitive. Consistent with this section, the project is proposing to remodel and expand one (1) existing single-family residence by not more than 3,325 square feet on a legal lot located within an area of the city where all public services and facilities are in place to allow for the maximum development permissible under the General Plan, which in this case is one (1) single-family residence. No development will occur on the bluff and beach portions of the site, and the project will not result in seacliff recession. The existing one-family residential use will remain as a one-family residential use. Lastly, CEQA Section 15305(a), listed under the Minor Alterations in Land Use Limitations category, is a Class 5 exemption consisting of minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use density, including but not limited to, minor lot line adjustments, and side yard and setback variances not resulting in the creation of any new parcels. Consistent with this section, the project is proposing a minor variance to reduce the front yard setback from 20 feet to 10 feet on an area of the parcel with an average slope of less than 20 percent and which does not result in any changes in land use density. 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. 15. 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; fir.e; 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 3 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 16. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 17. 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. 7325 -5- Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the approval of a demolition permit, grading permit or building permit whichever occurs first. 1. 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, Minor Variance and Nonconforming Construction Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit, Minor Variance and Nonconforming Construction 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. 3. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. 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. 5. 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, Minor Variance and Nonconforming Construction 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. 6. 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. 7. 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. PC RESO NO. 7325 -6- 8. 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. 9. 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, Minor Variance and Nonconforming Construction Permit by Resolution No. 7325 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. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #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. 12. 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. 13. 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. 14. Approval is granted for CDP 2018-0020, V 2018-0013, NCP 18-0005 as shown on Exhibits "A" - "K", dated April 3, 2019, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 15. Prior to the issuance of a building permit, the owner shall comply with the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance), and dedicate a lateral public access easement with a minimum width of twenty-five feet of dry sandy beach at all times of the year to the California Coastal Commission or their designee as agreed to with the California Coastal Commission. 16. A minimum 5-foot wide view corridor shall be established and maintained within the required north and south side yard areas. Any existing and new gates or fencing across these side yard PC RESO NO. 7325 -7- setback areas shall be replaced and constructed with a minimum 75 percent see-through/open design which preserve views from the public street toward the ocean. Engineering: 17. All roof run-off shall be routed to the street via rain gutters as indicated on the site plan. 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. 18. 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 treatment 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. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 19. 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. 20. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 21. 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. 22. Approval of this request shall not excuse compliance with all applicable sections of the Zoriing Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 23. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 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. 7325 -8- 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 April 3, 2019, by the following vote, to wit: AYES: Chair Luna, Commissioners Anderson, Geidner, Meenes, Merz, and Stine NOES: Commissioner Lafferty ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7325 -9-