HomeMy WebLinkAbout2020-06-17; Planning Commission; Resolution 7376PLANNING COMMISSION RESOLUTION NO. 7376
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
FOR A 1,021-SQUARE-FOOT, TWO-STORY ADDITION TO AN EXISTING 1,857-
SQUARE-FOOT, ONE-STORY SINGLE-FAMILY RESIDENCE ON PROPERTY
LOCATED AT 519 CHINQUAPIN AVENUE WITHIN THE MELLO II SEGMENT OF
THE CITY'S LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: DIMOND ADDITION
CASE NO: CDP 2020-0002 {DEV2020-0022)
WHEREAS, Samuel Wright, "Applicant," has filed a verified application with the City of Carlsbad
regarding property owned by Richard and Pauline Dimond, "Owner," described as
That portion of Tract no. 223 of Thum Lands, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof no.
1681, filed in the office of the Recorder of San Diego County, December
9, 1915, described as follows:
Beginning at the most westerly corner of said Tract No. 233; thence
norther 61 ° 21' eastalong the northwesterly line of said tract, a distance
of 361.20 feet to the true point of beginning, thence continuing
northerly, 61 ° 21' east along said northwesterly line, 76. 70 feet to a
point on the southwesterly line of land conveyed to E. Thacher by deed
dated November 16, 1945 and recorded in book 2035, page 84 of official
records; thence north, 28° 39; west along said southwesterly line,
120.00 feet to the true point of beginning
nhe Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit as
.shown on Exhibit{s) "A" -"I" dated June 17, 2020, attached hereto and on file in the Carlsbad Planning
Division, CDP 2020-0002 -DIMOND ADDITION, as provided in Chapter 21.201 of the Carlsbad Municipal
Code;and
WHEREAS, the Planning Commission did, on June 17, 2020, 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 2020-0002 -DIMOND ADDITION, based on the following findings and subject to the
following conditions:
Findings:
Coastal Development, CDP 2020-0002
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 a 1,021-square-foot, two-story addition to an
existing one-story, single-family residence on a 0.21-acre lot. The development is consistent
with the Mello II land use designation of R-4. As the project is not adjacent to a beach or lagoon,
it 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. 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 the property is not located adjacent to the shore; therefore, the project will
not interfere with the public's right to physical access to the ocean.
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 (equal to or greater than
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.
California Environmental Quality Act (CEQA)
4. 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 15301(e)(2) and 15331 of the State CEQA Guidelines. More
specifically, CEQA Section 15301(e)(2), listed under the Existing Facilities category, is a Class 1
exemption allowing for additions to an existing structure provided that the addition will not
result in an increase of more than 10,000 square feet in an urbanized area. Consistent with this
section, the proposed 1,021-square-foot addition summed with an existing 1,857 square foot
residence totals 2,878 square feet and the surrounding area is fully developed. CEQA Section
15331 is a Class 31 exemption allowing for additions to potentially historic resources provided
that the additions are done in a manner consistent with the Secretary of the Interior's Standards
for the Treatment of Historic Properties and Guidelines. In making this determination, the City
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General
Planner has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do
not apply to this project.
5. The project is consistent with the City-Wide 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.
c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
6. The Pianning 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:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of the
building permit.
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.
2. 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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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 (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 submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan reflecting
the conditions approved by the final decision-making body. The copy shall be submitted to the
City Planner, reviewed and, if found acceptable, signed by the city's project planner and project
engineer. If no changes were required, the approved exhibits shall fulfill this condition.
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. 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. 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.
10. 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. 7376 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.
11. 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.
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12. 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
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.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
13. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
14. 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.
15. Developer acknowledges new forthcoming requirements related to the city's Climate Action Plan
{CAP) will likely impact development requirements ofthis project and may be different than what
is proposed on the project plans or in the project's CAP Checklist. Developer acknowledges new
CAP requirements are related to energy efficiency, photovoltaic, electric vehicle charging, water
heating and traffic demand management requirements, as set forth in City Council Ordinance Nos.
CS-347, CS-348, CS-349 and CS-350 and City Council Resolution No. 2019-024, are available on the
city's website. CAP requirements may impact, but are not limited to, site design and local building
code requirements. If incorporating new CAP requirements results in substantial modifications
to the project, then prior to issuance of development permits, Developer may be required to
submit and receive approval of a Consistency Determination or Amendment for this project
through the Planning Division. Once adopted as part ofTitle 18 and in effect, compliance with the
new CAP requirements must be demonstrated on or with the construction plans prior to issuance
of the applicable development permits.
16. 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.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten {10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
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
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