HomeMy WebLinkAbout2020-10-07; Planning Commission; Resolution 7385PLANNING COMMISSION RESOLUTION NO. 7385
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO PUD 99-01
AND A COASTAL DEVELOPMENT PERMIT TO CONSTRUCT A 189-SQUARE-
FOOT ADDITION TO AN EXISTING 1,411-SQUARE-FOOT, ONE-STORY,
SINGLE-FAMILY RESIDENCE, AN EXTENSION OF AN EXSITING CONCRETE
PATIO WITH NEW EXTERIOR STAIRS, AND REPLACEMENT OF THE
EXISTING, DETACHED TWO-CAR GARAGE, LOCATED AT 265 CHINQUAPIN
AVENUE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM (LCP) AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: BROWN RESIDENCE
CASE NO: AMEND 2020-0004/CDP 2020-0015
WHEREAS, Alena Blasio, "Developer," has filed a verified application with the City of Carlsbad
regarding property owned by Belden and Gina Brown, "Owner," described as
Lot 4 of Carlsbad Beach Estates, in the City of Carlsbad, County of San Diego, State of
California, According to Map No. 14047, filed in the Office of the County Recorder of
San Diego, September 29, 2000
("the Property"); and
WHEREAS, said verified application constitutes a request for a Planned Unit Development
Amendment and Coastal Development Permit as shown on Exhibit(s) "A" -"E" dated October 7, 2020,
attached hereto and on file in the Carlsbad Planning Division, AMEND 2020-0004/CDP 2020-0015 -
BROWN RESIDENCE, as provided in Chapters 21.45 and 21.201of 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; and
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 Planned
Unit Development Amendment and 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
AMEND 2020-0004/CDP 2020-0015 -BROWN RESIDENCE, based on the following
findings and subject to the following conditions:
Findings:
Planned Unit Development PUD 99-01 Amendment, AMEND 2020-0004
1. The proposed project is consistent with the general plan, and complies with all applicable
provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in
that the General Plan Land Use designation for the property is R-23 Residential. The R-23 ·
designation allows for residential development at a density range of 15 to 23 dwelling units per
acre (du/ac) with a Growth Management Control Point (GMCP) of 19 du/ac. The project site has
a net developable acreage of 0.16 acres; at the GMCP, 3.04 dwelling units are allowed. However,
the project's density is 6.28 du/ac, which is below the range of the R-23 General Plan Land Use
designation. In accordance with General Plan Residential Land Use Policy 2-P.7, residential
development below the minimum density range is permitted on a legal lot that existed as of
October 28, 2004. The subject lot was legally created on September 29, 2000 (Lot 4 of Map No.
14047, recorded September 29, 2000); therefore, the addition to the existing single-family
dwelling is consistent with the R-23 General Plan Land Use designation. The project is consistent
with all applicable development standards as contained in Chapters 21.24 (Residential Density
-Multiple Zone), 21.45 (Planned Developments), 21.82 (Beach Area Overlay Zone) and 21.203
(Coastal Resource Protection Overlay Zone) of the Carlsbad Municipal Code.
Furthermore, the project site was included in an approval of a PUD for a condominium
development by Planning Commission Resolution No. 4730; however, the single-family dwelling
exists on an individual lot, separate from the airspace condominium lot. Being on an individual
lot makes the project site a one-family dwelling unit as defined in CMC Chapter 21.04 and as
regulated in Chapter 21.45. Elimination of condition nos. 2 and 3 of Planning Commission
Resolution No. 4730, which requires a PUD amendment for any remodel, addition, or
reconstruction of the one-family dwelling unit will bring the project into compliance with the
current requirements of CMC Chapter 21.45 because remodels, additions, and reconstruction
for one-family dwellings within a PUD do not require a PUD amendment per CMC Section
21.45.090. Per CMC Section 21.45.100, replacement of the existing dwelling in the future may
also be exempt from a PUD amendment if the project meets certain criteria. The current
provisions of CMC Chapter 21.45 are adequate to address the concerns that condition nos. 2
and 3 of Planning Commission Resolution No. 4730 were intended to address. Because the
project site is part of a PUD, any future remodeling, addition or reconstruction of a new single-
family dwelling will continue to be subject to the provisions that apply to one-family dwelling
units contained within Chapter 21.45.
2. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in
the area in which the proposed use is to be located, and will not adversely impact the site,
surroundings, or traffic, in that the proposed amendment to the Planned Unit Development
(PUD) including a 189-square-foot addition to the existing 1,411-square-foot, one-story
residence, 117-square-foot extension to the existing concrete patio, and the demolition of an
existing 446-square-foot, detached, two-car garage to construct a new, 541-square-foot, two-
car detached garage, is compatible with existing surrounding single-family, two-family, and
multiple-family residential uses as permitted by the Residential Density -Multiple Zone. The
proposed project will not create adverse impacts to the surrounding area in that the use will
not impact traffic circulation because the number of residential units is not increasing, and the
project meets all applicable development standards such as setbacks, height, and parking
requirements to ensure compatibility with the surrounding single-family, two-family and
multiple-family residential uses.
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3. The project will not adversely affect the public health, safety, or general welfare, in that the
proposed project is designed to comply with all applicable development standards such as
setbacks, height, and parking requirements to ensure compatibility with the surrounding
neighborhood and will not adversely affect the public health, safety or general welfare.
4. The project's design, including architecture, streets, and site layout a) contributes to the
community's overall aesthetic quality, b) includes the use of harmonious materials and colors,
and the appropriate use of landscaping, and c) achieves continuity among all elements of the
project, in that the proposed addition and new detached, two-car garage will match the existing
residence's architectural style and is compatible with the existing neighborhood's overall
aesthetic quality which has a mix of Spanish, Ranch and contemporary architecture. The project
will be harmonious in materials and colors and achieves continuity among all elements because
it is designed to match the existing single-family residence and will continue the use of stucco,
stone veneer, and hipped roofs.
Coastal Development Permit, CDP 2020-0015
5. That the proposed development is in conformance with the Mello II Segment Certified Local
Coastal Program and all applicable policies in that the site is designated R-23 Residential (15 -23
du/ac) for single-family residential, two-family residential, and multiple-family residential
development by the Mello II Local Coastal Program. The project consists of a 189-square-foot
addition to the existing 1,411-square-foot, one-story residence, 117-square-foot extension to
the existing concrete patio, and the demolition of an existing 446-square-foot, detached, two-
car garage to construct a new, 541-square-foot, two-car detached garage at a density of 6.28
du/ac on a .16-acre developed lot. The project is not adjacent to a beach or lagoon and will not
obstruct views of the coastline as seen from public lands or the public right-of-way or otherwise
damage the visual beauty of the coastal zone. In addition, because the site is not adjacent to a
beach or lagoon and does not front along the coastline, public opportunities for coastal
shoreline access or water-oriented recreational activities are not impacted. Furthermore, no
agricultural uses or any known sensitive resources exist onsite. Lastly, the proposed addition to
the existing single-family residence and replacement garage are not located in an area of known
geological instability or flood hazard.
6. 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.
7. 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 runoff, pollutants,
and soil erosion. The project site has no steep slopes (equal to or greater than 25 percent
gradient) or 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)
8. 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 the preparation of environmental
PC RESO NO. 7385 -3-
General
documents pursuant to Section 15301(e){l), Existing Facilities, of the state California
Environmental Quality Act {CEQA) Guidelines. More specifically, CEQA Section 15301(e){l), listed
under Existing Facilities, is a Class 1 categorical exemption allowing for additions to existing
structures provided that the addition will not result in an increase of more than 50 percent of
the floor area of the structure before the addition, or 2,500 square feet, whichever is less.
9. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all City public facility 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.
10. 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 issuance of a
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 Planned Unit Development
Amendment and Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections arid
modifications to the Planned Unit Development Amendment and 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 Planned Unit Development Amendment and 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,
conceptual grading plan and preliminary utility 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. Prior to the issuance of the building permit, 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 Planned Unit
Development Amendment and Coastal Development Permit by Resolution(s) No. 7385 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.
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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.
12. Approval is granted for AMEND 2020-0004 and CDP 2020-0015 as shown on Exhibits "A" -"E,"
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.
13. 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.
14. This approval for AMEND 2020-0004 hereby eliminates condition of approval nos. 2 and 3 of
Planning Commission Resolution No. 4730, and said conditions are no longer of force or effect.
Any future remodeling, additions or demolition and reconstruction on this property shall be
subject to all applicable standards and provisions that apply to one-family dwellings in CMC
Chapter 21.45, Planned Developments.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
15. 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.
16. 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.
Developer acknowledges that the project is required to comply with the city's greenhouse gas
(GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance
with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition
to the California Green Building Standards Code (CCR, Title 24, Part 11-CALGreen), as amended
from time to time. GHG reduction requirements may be different than what is proposed on the
project plans or in the Climate Action Plan Checklist originally submitted with this project.
Developer acknowledges that new GHG reduction requirements related to energy efficiency,
photovoltaic, electric vehicle charging, water heating and traffic demand management
requirements as set forth in the ordinances and codes may impact, but are not limited to, site
design and local building code requirements. If incorporating GHG reduction requirements results
in substantial modifications to the project, then prior to issuance of development (grading,
building, etc.) permits, Developer may be required to submit and receive approval of a
Consistency Determination or Amendment for this project through the Planning Division.
Compliance with the applicable GHG reduction requirements must be demonstrated on or with
the construction plans prior to issuance of the applicable development permits.
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17. 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 notic~ 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 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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