HomeMy WebLinkAbout2021-02-03; Planning Commission; Resolution 7404PLANNING COMMISSION RESOLUTION NO. 7404
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING OF A COASTAL DEVELOPMENT
PERMIT TO ALLOW FOR THE DEMOLITION OF AN EXISTING SINGLE-
FAMILY RESIDENCE AND CONSTRUCTION OF A NEW 4,918-SQUARE-FOOT
SINGLE FAMILY RESIDENCE WITH AN ATTACHED 749-SQUARE-FOOT
ACCESSORY DWELLING UNIT WITHIN THE MELLO II SEGMENT OF THE
CITY'S LOCAL COASTAL PROGRAM LOCATED AT 5511 LOS ROBLES DRIVE
WITHIN LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME:
CASE NO:
MATTHEW RESIDENCE
CDP 2020-0027
WHEREAS, Sam Wright, "Developer," has filed a verified application with the City of Carlsbad
regarding property owned by Arvin and Sepideh Matthew, "Owners," described as
LOT 201 OF TERRAMAR UNJT NO. 6, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO CALIFORNIA, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 4064, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JANUARY 27, 1959.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit as
shown on Exhibit(s) "A" -"K" dated February 3, 2021, attached hereto and on file in the Carlsbad Planning
Division, "CDP 2020-0027 -MATTHEW RESIDENCE," as provided in Chapter 21.201.030 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on February 3, 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) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
"CDP 2020-0027 -MATTHEW RESIDENCE," 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 site is designated for single-family residential development, and
the project proposes demolition of an existing single-family residence and construction of a new
4,918-square foot two-story single-family residence with an attached 749-square-foot
accessory dwelling unit. The development is consistent with the LCP Mello II R-4 land use
designation. No agricultural activities, sensitive resources, geological instability, flood hazard
or coastal access opportunities exist onsite. Given that the project is located in a residential
neighborhood where the majority of dwellings are one-and two-stories, the construction of a
new two-story 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.
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; therefore, it 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 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.
4. 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.
5. 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, and under Land Use Element Policy 2-P.7 one single-family dwelling
is permitted to be constructed on a legal lot that existed as of October 28, 2004. The subject lot
was legally created on January 27, 1959. Therefore, the proposed new single-family residence
is consistent with the Elements of the city's General Plan.
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6. That 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
documents pursuant to Section 15303(a), construction of a single-family residence, of the state
CEQA Guidelines. 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.
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:
General
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of grading
or building permits, whichever occurs first.
1. Approval is granted for CDP 2020-0027 as shown on Exhibits "A" -"K", dated February 3, 2021,
on file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2. 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 ga ined
by Developer or a successor in interest by the city's approval of this Coastal Development Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all cqrrections 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.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
5. 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.
6. 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,
PC RESO NO. 7404 -3-
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.
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 3 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 rnonths from the date of project approval.
10. Prior to the issuance of the grading or building permit, whichever occurs first, 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(n) Coastal Development Permit by Resolution(s) No. 7404 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.
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.
Engineering Conditions:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed development, must be met prior to approval of a grading plan.
General
12. 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.
13. 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 a~e available at the time of permit issuance and will continue
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to be available until time of occupancy.
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. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage as shown on the Tentative Map/Site. Developer shall
cause property owner to execute and submit to the city engineer for recordation the city's
standard form Drainage Hold Harmless Agreement.
16. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private pavers 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.
17. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement
with the city on a city standard form for the future public improvement of Los Robles Drive and
Manzano Drive along the property frontage for a half street width of 30-feet. Public
improvements shall include but are not limited to paving, sidewalks, pedestrian ramps, curbs and
gutters.
Grading
18. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
Storm Water Quality
19. 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.
20. 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.
21. 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
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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.
Dedications/Improvements
22. Developer shall design all proposed public improvements including but not limited to driveway,
sidewalk, and street trees 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 Revision to an existing record public improvement drawing
23. 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.
Utilities
24. Developer shall meet with the fire marshal to determine if fire protection measures {fire flows,
fire hydrant locations, building sprinklers) are required to serve the project.
Code Reminders:
25. 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.
26. 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.
27. 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.
28. 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.
29. Premise identification {addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060.
30. 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.
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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.
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 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 February 3, 2021, by the following vote, to wit:
AVES: Commissioners Luna, Kamenjarin, Meenes, Merz, Sabellico, and Stine
NOES: Commissioner Lafferty
ABSENT:
ABSTAIN:
ROY MEENES, Chair
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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