HomeMy WebLinkAbout2020-11-04; Planning Commission; Resolution 7387PLANNING COMMISSION RESOLUTION NO. 7387
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
TO ALLOW THE CONSTRUCTION OF A 4,118-SQUARE-FOOT SINGLE-
FAMILY RESIDENCE WITH A 500-SQUARE-FOOT TWO-CAR GARAGE,
BASEMENT, SECOND FLOOR TERRACE, ROOF DECK, AND A POOL LOCATED
ON A VACANT LOT AT 6749 SURFSIDE LANE WITHIN THE MELLO II
SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM AND LOCAL
FACILITIES MANAGEMENT ZONE 22.
CASE NAME:
CASE NO:
TERRA BELLA DEVELOPMENT
CDP 2020-0007 (DEV2019-0147)
WHEREAS, Terra Bella Development, LLC, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
Lot 5 in Block 24 of La Costa Downs Unit No 1, in the City of Carlsbad,
County of San Diego, State of California, according to Map No. 2013,
filed in the Office of the County Recorder of San Diego County, April 6,
1927
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit as
shown on Exhibit(s) "A" -"L" dated November 4, 2020, attached hereto and on file in the Carlsbad
Planning Division, CDP 2020-0007 -TERRA BELLA DEVELOPMENT, as provided in Chapter 21.201 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on November 4, 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 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 2020-0007 -TERRA BELLA DEVELOPMENT, 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 Segment. The subject site has an LCP Land Use Plan designation of R-8
Residential, which allows for residential development at a density of 4-8 du/ac and 6 du/ac at
the Growth Management Control Point (GMCP). The property is zoned R-1, but has special
zoning provided by Specific Plan 201 in that each existing legal lot can be developed with a
single-family unit. The proposed single-family home is consistent with the R-8 General Plan Land
Use designation as discussed in Section A of the project staff report. Therefore, the project is
consistent with the Mello II Segment of the LCP. The project consists of the construction of a
new 4,118-square-foot single family residence with an attached two-car garage in an area
designated for residential development. The proposed two-story, single-family residence above
a basement is compatible with the surrounding development of 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 construct one 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.
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General
5. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 22 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 22 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 conditi~ns 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; ins~itute 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.
PC RESO NO. 7387 -3-
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 issuan~e 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 22 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. 7387.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. Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this
property may be subject to impacts from the existing Railroad Transportation Corridor, in a form
meeting the approval of the City Planner and the City Attorney (see Notice and Waiver Concerning
Railroad Environmental Impacts on file in the Planning Division).
11. Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this
property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the City Planner and the City Attorney (see Noise Form
#2 on file in the Planning Division).
12. Lots located in the La Costa Downs subdivision may be subject to possible odor impacts from
the Encina Sewer Plant. Accordingly, the following disclosure shall be made: Prior to the
PC RESO NO. 7387 -4-
issuance of a building permit, the owner shall prepare and record a notice that this property
may be subject to odor impacts from th_e Encina Wastewater Plant in a manner meeting the
approval of the City Planner and City Attorney.
13. 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.
14. 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
22, 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.
15. Prior to the issuance of building permits, the Developer shall pay to the City an inclusionary
housing impact fee as an individual fee on a per market rate dwelling unit basis in the amount in
effect at the time, as established by City Council Resolution from time to time.
16. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits to
wildlife, as documented in the City's Habitat Management Plan and the environmental analysis
for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent
with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to
fund mitigation for impacts to certain categories of vegetation and animal species. The Developer
is further aware that the City has determined that all projects will be required to pay the fee in
order to be found consistent with the Habitat Management Plan and the Open Space and
Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall
pay the fee prior to record~tion of a final map, or issuance of a grading permit or building permit,
whichever occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with
the City's Habitat Management Plan (HMP) for 0:11 acres of Group-F habitat (i.e., Disturbed
Lands). If the In-lieu Mitigation Fees for this project are not paid, this project will not be consistent
with the Habitat Management Plan and the General Plan and any and all approvals for this project
shall become null and void.
17. No trellises, patio covers, gazebos, pergolas, cabanas, or other permanent structures or other
equipment shall be installed on rooftop decks, with the exception of mechanical equipment,
rooftop photovoltaic solar panels and similar building systems equipment.
18. Developer shall submit to the Building Division a mechanical ventilation plan for the home prior
to issuance of a building permit to demonstrate that the final project design meets a 45 dB(a)
CNEL interior noise level. Mechanical ventilation for the home shall be shown on the plans
submitted for building permit. A statement certifying that the required features have been
incorporated into the building plans, signed by the acoustical analyst/acoustician shall be
located on the building plans.
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19. Approval is granted for CDP 2020-0007 as shown on Exhibits "A" -"L", dated November 4, 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
20. 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.
21. 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.
Fees/ Agreements
22. 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.
23. 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
24. 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.
25. Concurrent with the grading plans, Developer shall include shoring plans as part of the grading
plans to the satisfaction of the city engineer and building official. Structural calculations for all
shoring shall be submitted for review and approval by the city engineer. Developer shall pay all
deposits necessary to cover any 3rd party review.
Storm Water Quality
26. 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.
27. 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
PC RESO NO. 7387 -6-.
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.
28. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible 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
29. 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.
30. 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.
31. Developer shall design all proposed public improvements including but not limited to sewer
laterals, driveways, sidewalk, water services/meters, and curb drains as shown on the site plan.
These improvements shall be shown on one of the following, subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revisi~n 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 execute a city standard Development
Improvement Agreement to install said improvements and shall post security in accordance with
C.M.C. Section 18.40.060. Developer shall apply for and obtain a right-of-way permit prior to
performing work in the city right-of-way.
Code Reminders:
The project is subject to all applicable provisions_ of local ordinances, including but not limited to the
following:
32. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 22 as required by Carlsbad Municipal Code Section 21.90.050.
33. 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.
34. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area contained in the staff report and shown on the site plan are for planning purposes only.
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35. 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.
36. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060.
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 t he 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 November 4, 2020, by the following vote, to wit:
AYES: Chair Anderson, Commissioners Geidner, Lafferty, Meenes, Merz, and Stine
NOES:
ABSENT: Commissioner Luna
ABSTAIN:
VEL YN ANDERSON, Chair
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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