HomeMy WebLinkAbout2016-07-20; Planning Commission; Resolution 71851
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PLANNING COMMISSION RESOLUTION NO. 7185
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT
CDP 16-06 TO ALLOW FOR THE CONSTRUCTION OF A 3,668 SQUARE
FOOT, TWO-STORY SINGLE FAMILY RESIDENCE WITH AN ATTACHED
TWO-CAR GARAGE WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM LOCATED AT 5070 CARLSBAD BOULEVARD WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME:
CASE NO:
BAPTIE RESIDENCE
CDP 16-06
WHEREAS, Ken and Sandie Baptie, "Owner," has filed a verified application with the City
of Carlsbad regarding property described as
Lot 57 of Terramar Unit No. 1, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 2696, filed in
the Office of the County Recorder of San Diego County, September 6,
1950.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibits "A"-"I" dated July 20, 2016, attached hereto and on file in the Carlsbad
Planning Division, COP 16-06 -BAPTIE RESIDENCE, as provided in Chapter 21.81.040 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on July 20, 2016, 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)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission APPROVES
COP 16-06 -BAPTIE RESIDENCE, based on the following findings and subject to the
following conditions:
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Findings:
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That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the site is designated for single-family residential development and
the project proposes single-family residential development; the development is consistent with
the LCP Mello II land use designation of RLM; no agricultural activities, sensitive resources,
geological instability, flood hazard or coastal access opportunities exist onsite; and the single-
family residence will not obstruct views of the coastline as seen from public lands or public
right-of-way nor otherwise damage the visual beauty of the coastal zone as further discussed
in the project staff report.
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; therefore, the
project will not interfere with the public's right to physical access or water-oriented recreational
activities.
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, Standard Urban Storm Water
Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to
avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation
is located on the subject property and the site is not located in an area prone to landslides, or
susceptible to accelerated erosion, floods, or liquefaction.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 3 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 3 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City's General Plan, in that the General Plan Land Use designation for the
property is R-4, Residential 0-4 dwelling units per acre. The R-4 designation allows for
residential development at a density range of 0 to 4 dwelling units per acre (du/ac) with a
Growth Management Control Point (GMCP) of 3.2 du/ac. The project site has a net developable
acreage of 0.14 acres; at the 3.2 GMCP, 0.4 dwelling units are allowed. Although the project's
proposed density of 7.1 du/ac exceeds the R-4 density range of 0 to 4 du/ac, one single-family
dwelling unit is guaranteed pursuant to the following General Plan Land Use provision:
"Notwithstanding the density provisions and intent of each residential land use designation, a
one-family dwelling shall be permitted on any legal lot that existed as of October 28, 2004."
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6.
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The subject lot was legally created prior to October 28, 2004; therefore, the development of the
subject lot with one single-family home is consistent with the R-4 General Plan Land Use
designation.
The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat
Management Plan, which is a comprehensive conservation plan and implementation program
that will facilitate the preservation of biological diversity and provide for effective protection and
conservation of wildlife and plant species while continuing to allow compatible development in
accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and
sensitive species is required by the Open Space and Conservation Element of the City's General
Plan which provides for the realization of the social, economic, aesthetic and environmental
benefits from the preservation of open space within an increasingly urban environment.
Moreover, each new development will contribute to the need for additional regional
infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee
imposed on all new development within the City is essential to fund implementation ofthe City's
Habitat Management Plan. Pursuant to the HMP, the project has been conditioned to pay
habitat in-lieu fees for impacts to 0.15 acres of Group-F habitat (i.e., Disturbed Lands).
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 or second dwelling unit in a
residential zone. Consistent with the section, the project is proposing to construct a new single-
family residence, which is located on a residentially zoned property (i.e., R-1 zone). 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.
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 or grading 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 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.
27 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
28 internally consistent and in conformity with the final action on the project. Development shall
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occur substantially as shown on the approved Exhibits. Any proposed development, different
from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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.
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.
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.
At issuance of building permits, 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.
This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
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.
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. 7185 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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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.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy No. 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
3, 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.
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 recordation 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 0.15 acres of Group-F habitat (i.e., Disturbed
Lands). lfthe 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.
Approval is granted for COP 16-06 as shown on Exhibits "A"-"1", dated July 20, 2016, 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
15.
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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.
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.
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17.
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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 reproducible 24" x 36", mylar copy ofthe
Site Plan and Conceptual Grading Plan reflecting the conditions approved by the final decision
making body. The reproducible shall be submitted to the city planner, reviewed and, if
acceptable, signed by the city's project engineer and project planner.
All technical studies (i.e. SWQMP, drainage studies, soils reports, etc.} are considered preliminary
during discretionary review and are subject to additional review and modification during final
design.
7 Fees/ Agreements
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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.
Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private retaining wall located over existing
public right-of-way or easements as shown on the site plan. Developer shall pay processing fees
per the city's latest fee schedule.
Grading
22. Based upon a review of the proposed grading and the grading quantities shown on the conceptual
grading 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.
Storm Water Quality
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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.
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.
25. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
27 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,
28 source control and Low Impact Design (LID} measures including, but not limited to, minimizing the
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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.
Dedications/! mprovements
26. Developer shall cause owner to make an Irrevocable Offer of Dedication to the city and/or other
appropriate entities for the public street and public utility 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. Additional easements may be
required at final design to the satisfaction of the city engineer.
8 Code Reminders:
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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 ofthe city engineer.
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.
Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 3 as required by Carlsbad Municipal Code Section 21.90.050.
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.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
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 ofthe 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 ofthese 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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on July 20, 2016, by the following vote, to wit:
AYES: Vice Chairperson Segall, Commissioners Black, L'Heureux, and
Montgomery
NOES: Commissioner Goyarts
ABSENT: Chairperson Anderson
ABSTAIN: Commissioner Siekmann
10 JEFFS GA , Vice Chairperson
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D PLANNING COMMISSION
DON NEU
City Planner
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