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HomeMy WebLinkAbout2020-10-07; Planning Commission; Resolution 7384PLANNING COMMISSION RESOLUTION NO. 7384 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AND NONCONFORMING CONSTRUCTION PERMIT TO ALLOW THE ADDITION OF 1,877 SQUARE FEET OF LIVING AREA TO AN EXISTING SINGLE-FAMILY RESIDENCE, A 512 SQUARE-FOOT GARAGE, SECOND STORY DECK, PARTIALLY COVERED PATIO, AND A NEW POOL ON A 0.61- ACRE LOT .LOCATED AT 2465 JEFFERSON STREET WITHIN THE MELLO II SEGMENT OF THE COASTAL ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CASE NO: 2465 JEFFERSON STREET CDP 2019-0015/NCP 2020-0002 (DEV2017- 0054) WHEREAS, Chris Sauer, 11Developer," has filed a verified application with the City of Carlsbad regarding property owned by Carefree Holdings, LLC, 11Owner," described as That portion of Tract 3 of Laguna Mesa Tracts, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1719, filed in the Office of the County Recorder of San Diego County, June 20, 1921 and further described in the legal description of First American Title Company Preliminary Report Order No. DIV-5514457 ( 11the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit and Nonconforming Construction Permit as shown on Exhibit(s) "A" -"V" dated October 7, 2020, attached hereto and on file in the Carlsbad Planning Division, CDP 2019-0015/NCP 18-0005 -2465 JEFFERSON STREET, as provided in Chapters 21.48 and 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 2019-0015/NCP 2020-0002 -2465 JEFFERSON STREET, based on the following findings and subject to the following conditions: Findings: Coastal Development, CDP 2019-0015 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 project site has a Local Coastal Program (LCP) Land Use designation of R- 15 Residential (8-15 du/ac) consistent with the General Plan Land Use designations for the site. However, per LCP Policy 3-2, developments located along the first row of lots bordering Buena Vista Lagoon shall be designated for residential development at a density of up to four (4) dwelling units per acre. The proposed renovations are not increasing the number of dwelling units on the site and, therefore, the project remains consistent with the R-15 LCP Land Use designation and LCP Policy 3-2. The project consists of additions and improvements to an existing two-story, single-family home. The proposed project is compatible with the surrounding development of residential structures. The two-story structure 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 developed site, nor are there any sensitive resources located on-site. The proposed project is not located in an area of known geologic instability or flood hazard. The property is located adjacent to the shore; however, since the site is residentially designated and presently developed, it 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 project has been conditioned to dedicate an irrevocable 25-foot-wide lateral access easement along the Buena Vista Lagoon that aligns with an existing access easement north of the site 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 improvements encroach into areas of the slope with a 25% gradient or more. Minimum setbacks of at least 100 feet from wetlands/lagoon are maintained in order to buffer such sensitive habitat area from intrusion. 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 has been conditioned to dedicate an irrevocable 25 foot wide lateral access easement along the Buena Vista Lagoon to the California Coastal Commission or their designee; b) no improvements are proposed over the existing undeveloped slope and the existing home maintains a top of wetland setback of over 100 feet; c) the proposed remodel and additions will have a unified architectural design that includes new stucco, stone veneer, corbels, and a clay tile pitched roof with multiple ridges; d) the project design is consistent with the surrounding development on Jefferson Street and the proposed remodel and addition complies with applicable side yard setback requirements, which will, to the extent feasible, continue to preserve existing lagoon views from the street. PC RESO NO. 7384 -2- Furthermore, a condition requires decorative view fencing greater than 50% open to help preserve existing ocean views from the public street; e) the site has been previously graded to accommodate the existing home. Additional grading will mainly be required to accommodate the proposed pool and rear yard flat work areas; and g) the project adheres to all coastal "stringline" setback requirements. Nonconforming Construction Permit, NCP 18-0005 5. 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 property is already developed with a single-family home and is surrounded by single-family and multi- family residences. In addition, the proposed project improvements comply with all current planning, building, and engineering standards. 6. 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 .48.050(A)(3) of this chapter in that the new first and second story additions comply with current front, side and rear yard setback requirements and all other development standards such as building height and lot coverage. The project is consistent with the parking requirements in that a two-car garage will remain in addition to a new one-car garage. 7. 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 applicable fire protection and building codes prior to issuance. Furthermore, the project will undergo standard building inspection procedures during the construction of the addition. 8. 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 addition and remodel will upgrade the exterior appearance of the existing single-family home. Furthermore, the project does not significantly change the existing building footprint and the second story expansion is consistent with other existing and approved two-story homes in the area. California Environmental Quality Act (CEQA) 9. 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 construct additions to an existing single-family residence, which is located on a residentially zoned property. 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. General 10. 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 PC RESO NO. 7384 -3- 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. 11. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50}. 12. 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 impactcaused 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 ofoccupancy 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 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 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 PC RESO NO. 7384 -4- 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 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 rLocal 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 and Nonconforming Construction Permit by Resolution No. 7384 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), subjectto 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. PC RESO NO. 7384 -5- 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 2019-0015/NCP 2020-0002 as shown on Exhibits "A" -"V", 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. 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 to the California Coastal Commission or their designee as agreed to with the California Coastal Commission. 16. Prior to the issuance of a building permit, all existing walls, fences, and hedges within the front yard setback shall be modified to a maximum height of 42 inches measured from the lowest adjacent grade. 17. All existing walls, gates or fencing across the side yard setback areas shall be modified or replaced to have a minimum 50 percent open design which will preserve and enhance views from the public street toward the ocean in those locations. The design shall be shown on the building plans. Landscaping shall also be appropriate height to maintain visibility along the side yards. Installation of the approved fencing shall be required prior to final inspection/occupancy. Engineering: General 18. 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. Fees/ Agreements 19. 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. 20. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. Grading 21. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a 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. PC RESO NO. 7384 -6- Storm Water Quality 22. 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. 23. 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. 24. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is respo_nsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. Dedication/Improvements 25._ Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement for lateral access purposes as shown on the site plan. The offer shall be made by a separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 26. 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 ~or private drainage systems. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 27. 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. 28. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. PC RESO NO. 7384 -7- 29. 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. 30. 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. 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. 7384 -8- NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter coliectively 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: VEL YN ANDERSON, Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7384 -9-