HomeMy WebLinkAbout2020-10-07; Planning Commission; Resolution 7383PLANNING COMMISSION RESOLUTION NO. 7383
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
TO ALLOW THE DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE
AND THE CONSTRUCTION OF A 6,702-SQUARE-FOOT SINGLE-FAMILY
RESIDENCE WITH 896 SQUARE FEET OF GARAGE SPACE, SECOND FLOOR
TERRACE, COVERED OUTDOOR ROOM, AND A POOL LOCATED AT 4005
SKYLINE ROAD WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: SAREM RESIDENCE
CASE NO: CDP 2020-0017 (DEV20120-0110)
WHEREAS, Scott & Kyra Sarem, "Developer/Owner," has filed a verified application with
the City of Carlsbad regarding property described as
All of Lot 24 and the southerly 7.74 feet of Lot 25 of Carlsbad Highlands,
in the City of Carlsbad, County of San Diego, State of California,
according to Map No. 2647, filed in the Office of the County Recorder of
San Diego County, April 18, 1950, the said 7.74 feet being measured
along the easterly line of said lot and the northerly line of said 7.74 feet
being parallel with the southerly line of said lot.
Excepting from said Lot 24, the southerly 100.66 feet being parallel with
and distant 100.66 northerly measured at right angles from the
southerly line of said Lot 24
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit as
shown on Exhibit(s) "A" -"O" dated October 7, 2020, attached hereto and on file in the Carlsbad Planning
Division, CDP 2020-0017 -SAREM RESIDENCE, as provided in Chapter 21.201 of the Carlsbad Municipal
Code;and
WHEREAS, the Planning Commission did, on October 7, 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 2020-0017 -SAREM RESIDENCE, based on the following findings and subject to the
following conditions:
Findings:
Coastal Development, CDP 2020-0017
1. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the project is located within the Mello II Segment of the Local
Coastal Program. The subject site has a Local Coastal Program (LCP) Land Use designation of R-
4 Residential (0-4 du/ace), which allows for a density of 0-4 du/ac and 3.2 du/ac at the Growth
Management Control Point (GMCP). The project density of 1.75 du/ac is consistent with the R-
4 LCP Land Use designation. Therefore, the project is consistent with the Mello II Segment of
the LCP. The project consists of the construction of a new 6,702-square-foot single family
residence with an attached two-car garage in addition to an attached one-car garage in an area
designated for residential development. The proposed two-story, single-family reside·nce is
compatible with the surrounding development of one and two-story single-family structures.
The two-story residence will not obstruct views of the coastline as seen from public lands or the
public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural
uses currently exist on the previously graded site, nor are there any sensitive resources located
on the developable portion of the site. The proposed single-family residence is not located in
an area of known geologic instability or flood hazard. Since the site does not have frontage
along the coastline, no public opportunities for coastal shoreline access are available from the
subject site. Furthermore, the residentially designated site is not suited for water-oriented
recreation activities.
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 and, therefore, 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 run-off, pollutants
and soil erosion. The subject property does not include steep slopes (equal to or greater than
25% gradient) nor native vegetation. 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 15303(a) of the State CEQA Guidelines. More specifically, CEQA
Section 15303(a) -New Construction or Conversion of Small Structures, is a Class 3 exemption
that includes the construction of one single-family residence in a residential zone. Consistent
with the section, the project is proposing to replace an existing single-family residence with a
new single-family residence, which is located on a residentially zoned property. In making this
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General
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.
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. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the approval of a
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 t.he 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.
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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 (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 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
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 by Resolution No. 7383 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
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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.
12. A project may be exempt from the inclusionary housing requirement if the construction of new
residential structures replace residential structures that were demolished within two years prior
to the application for a building permit for the new residential structures. The exemption is
contingent upon the number of residential units (one) not being increased from the number of
residential units in the previously demolished residential structure. Since there will not be an
increase in the number of units on the property, the project will be exempt from the inclusionary
housing requirement if building permits are issued within two years of the demolition of the
existing resi.dential structure. If building permits are not applied for within two years of
demolishing the existing single-family home, then the applicant/developer shall pay the
inclusionary housing in lieu fee for one (1) unit.
13. 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.
14. 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.
15. Approval is granted for CDP 2020-0017 as shown on Exhibits "A" -"O", dated October 7, 2020,
on file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
Engineering:
General
16. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the
proposed haul route.
17. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will
continue to be available until time of occupancy.
18. 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.
19. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
20. Property owner shall maintain all landscaping (shrubs,.groundcover, etc.) and irrigation along
the parkway frontage with Skyline Road as shown on the Site Plan.
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Fees/ Agreements
21. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
22. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
23. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
24. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private decorative pavement located over
existing public right-of-way or easements as shown on the preliminary landscape plan or remove
said decorative pavement from the final landscape/construction plans. Developer shall pay
processing fees per the city's latest fee schedule.
25. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement
with the city on a city standard form for the future public improvement of Skyline Road along the
property frontage for a half street width of thirty-feet. Public improvements shall include but are
not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing,
relocation of utilities, fire hydrants, street lights, and driveway approach.
Grading
26. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a precise grading permit for this project is required. Developer shall prepare and submit plans
and technical studies/reports as required by city engineer, post security and pay all applicable
grading plan review and permit fees per the city's latest fee schedule.
Storm Water Quality
27 . 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 control 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.
28. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer
shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier
level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer.
Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee
schedule.
29 . This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
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approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
30. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
Dedication/Improvements
31. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction
of the city engineer. All private drainage systems {12" diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection
fees for private drainage systems.
32. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a
right-of-way permit to the satisfaction of the city engineer.
33. Developer shall design all proposed public improvements including but not limited to water
services/meters as shown on the site plan. These improvements shall be shown on one ofthe
following, subject to city engineer approval:
Utilities
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit
prior to performing work in the city right-of-way.
34. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans or grading plans.
35. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the district engineer and city
engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
36. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carisbad Municipal Code Section 21.90.050.
37. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
38. 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.
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39. 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.
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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 October 7, 2020, by the following vote, to wit:
AYES: Chair Anderson, Commissioners Geidner, Lafferty, Luna, Merz, Meenes, and Stine
NOES:
ABSENT:
ABSTAIN:
VELYN ANDERSON, Chair
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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