HomeMy WebLinkAbout2021-01-20; Planning Commission; Resolution 7400PLANNING COMMISSION RESOLUTION NO. 7400
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
TO ALLOW FOR THE CONSTRUCTION OF 4,004 SQUARE FEET OF
ADDITIONS TO AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT
2373 JEFFERSON STREET WITHIN THE MELLO II SEGMENT OF THE CITY'S
LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE
1.
CASE NAME: MUHE ADDITION
CASE NO: CDP 2020-0004 (DEV 2019-0124)
WHEREAS, Clint Muhe, "Developer/Owner," has filed a verified application with the City of
described as
Portion of Tract 2 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, together with a portion of Carlsbad Road as shown on said map 1719 and County
of San Diego Road Survey No. 135, together with a portion of Jefferson street vacated by resolution no.
2005-123 of the City Council of the City of Carlsbad and recorded June 2, 2005 as file no. 2005-0461259
of official records
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit as
shown on Exhibit(s) "A" -"J" dated January20, 2021 attached hereto and on file in the Carlsbad Planning
Division, CDP 2020-0004 -MUHE ADDITION, as provided in Chapter 21.201 of the Carlsbad Municipal
Code;and
WHEREAS, the Planning Commission did, on January 20, 2021, 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
RECOMMENDS APPROVAL of CDP 2020-0004-MUHE ADDITION, based on the following
findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the project site is designated for multiple family residential and
single-family residential development and the project consists of a 4,004-square-foot three-
story addition to an existing single-family residence on a 0.26-acre property. The development
is consistent with the Mello II land use designation of R-15. Proposed additions are constructed
at the front of the existing home towards Jefferson Street and away from Buena Vista Lagoon.
The proposed project, which includes the addition of a third story, does not obstruct views of
the coastline as seen from public land or public right-of-way or 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 the developable portion of the site. The
proposed three-story addition to the existing single-family residence is not located in an area
of known geologic instability or flood hazard. Since the site is separated from Buena Vista
Lagoon by another lot and 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 a dirt road which is closed to vehicular traffic and is City of Carlsbad right-of
way is located adjacent to and west of the property and east of the lagoon. Therefore, the
project site is not located adjacent to the Buena Vista Lagoon and is not required to provide
lateral access.
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 runoff, pollutants,
and soil erosion. No development occurs within areas of natural steep slopes {~25%); no native
vegetation is located on the subject property; and no habitable development occurs within the
100-year flood plain. A geotechnical report prepared for the project indicates that the site is not
located in an area prone to landslides or slope instability for the life of the project; and seismic
hazards, such as risk of liquefaction, tsunami and seiche, is considered low.
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 does not interfere with the
public's right to physical access ; b) a geotechnical analysis and subsequent updates for the
project concluded that the proposed development will have no adverse effect oh the stability
of the bluff for the life of the project and that the site is suitable for the proposed development;
c) all portions of the proposed additions, including decks and other appurtenances, adhere to
the coastal "stringline" setback requirements; e) the project proposes an attractive
architectural design that is well articulated and consistent with other adjacent homes within
the neighborhood; f) the proposed remodel and additions to the existing single-family home,
to the extent feasible, retain the natural features and topography of the site; and g) the
improved site has been previously graded to accommodate the existing single-family residence.
General
5. 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
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documents pursuant to Sections 15301 of the State CEQA Guidelines. More specifically, Existing
Facilities, is a Class 1 exemption allowing for additions to existing structures up to 10,000 square
feet where all public services and facilities are available to allow for the maximum development
permissible under the General Plan and the area is not environmentally sensitive.
6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all City public policies and ordinances. The project includes
elements or has been conditioned to construct or provide funding to ensure that all facilities and
improvements regarding: sewer collection and treatment; water; drainage; circulation; fire;
schools; parks and other recreational facilities; libraries; government administrative facilities; and
open space, related to the project will be installed to serve new development prior to or
concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No . 17 and will be collected prior
to the issuance of building permit.
c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
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 approval 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 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.
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4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
from (a} city's approval and issuance of this Coastal Development Permit, (b} city's approval or
issuance of any permit or action, whether discretionary or nondiscretionary, in connection with
the use contemplated herein, and (c} Developer/Operator's installation and operation of the
facility permitted hereby, including without limitation, any and all liabilities arising from the
emission by the facility of electromagnetic fields or other energy waves or emissions. This
obligation survives until all legal proceedings have been concluded and continues even if the city's
approval is not validated.
6. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
8. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
9. Developer shall submit to the City a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a Coastal Development Permit by Resolution No. 7400 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 ca pa.city and facilities will continue to be available until
the time of occupancy.
11. Approval is granted for CDP 2020-0004, as shown on Exhibits "A" -"J", dated January 20, 2021,
on file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
12. Developer/Owner 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
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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.
Engineering:
General
13. 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
14. 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.
15. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
Storm Water Quality
16. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all ti.mes. 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.
17. 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.
18. 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
19. Developer shall prepare and process public improvement plans and, prior to city engineer
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approval of said plans, shall execute a city standard Development Improvement Agreement to
install and shall post security in accordance with C.M .C. Section 18.40.060 for public
improvements shown on the site plan. Said improvements shall be installed to city standards to
the satisfaction of the city engineer. These improvements include, but are not limited to:
a. Sidewalk
b. · Curb & gutter
Developer shall pay the standard improvement plan check and inspection fees in accordance
with the fee schedule. Improvements listed above shall be constructed within 36 months of
approval of the subdivision or development improvement agreement or such other time as
provided in said agreement.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
20. 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.
21. 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.
22. 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.
23: 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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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.
NOTICE TO APPLICANT
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.
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 66040(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 _.ny s~bseA,u_J:!nt
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 January 20, 2021 by the following vote, to wit:
AYES: Chair Meenes, Commissioners Anderson, Lafferty, Luna, Merz, and Stine
NOES:
ABSENT: Commissioner Geidner
ABSTAIN:
ROY MEENES, Chair
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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