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
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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
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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
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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.
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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.
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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
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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.
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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 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
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