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Home My WebLink About2021-05-19; Planning Commission; ; CDP 2020-0018 (DEV2020-0111) – FORESTER RESIDENCE Single Family Coastal Development Permit Item No. Application complete date: February 16, 2021 P.C. AGENDA OF: May 19, 2021 Project Planner: Paul Dan Project Engineer: Kyrenne Chua SUBJECT: CDP 2020-0018 (DEV2020-0111) – FORESTER RESIDENCE - Request for approval of a Coastal Development Permit to allow for the demolition of an existing residence and the construction of a new 4,085 square foot single-family residence within the Mello II Segment of the city’s Local Coastal Program located at 4464 Adams Street within Local Facilities Management Zone 1. The project site is not within the appealable area of the California Coastal Commission. 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. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7415 APPROVING Coastal Development Permit CDP 2020-0018 based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting: The 0.54-acre (23,522 square feet), project site is located at 4464 Adams Street as shown on the attached location map. The topography of the site slopes down from Highland Drive towards Adams Street. Table “A” below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE A Location General Plan Designation Zoning Current Land Use Site R-4 Residential R-1-15000 Single-Family Residence North R-4 Residential R-1-15000 Single-Family Residence South R-4 Residential R-1-15000 Single-Family Residence East R-4 Residential R-1-15000 Vacant West R-4 Residential R-1-15000 Vacant Proposed Residential Construction: The project consists of the demolition of an existing single-family residence and the construction of a new 4,085 square foot single family residence located at 4464 Adams Street. The proposed single-family residence is a single-story structure providing three bedrooms and 2 CDP 2020-0018 (DEV2020-0111) – FORESTER RESIDENCE May 19, 2021 Page 2 three baths with an attached three car garage. The interior design of the home is an open concept that allows for a large dining and living space. The external design is similar to a craftsman style of architecture showing large eaves, exposed trusses, constructed with building material such as smooth stucco and stone cladding. Concerns of the project’s landscaping, more specifically, the proposed street trees and their potential height and quantity were raised once the notice of project application was mailed to the surrounding community and a notice was posted on the property per City Council Policy No. 84. To address the neighborhood concerns, the applicant revised the landscaping plan to reduce the number of street trees – from eight to seven trees along Highland Drive, and from ten to seven trees along Adams Street - while maintaining compliance with the City’s Landscape Manual. Proposed Grading: Estimated grading quantities include 161 cubic yards (cy) of cut, 161 cy of fill. A grading permit will be required for this project. III. ANALYSIS The project is subject to the following regulations and requirements: A. R-4 Residential General Plan Land Use Designation; B. One-Family Residential (R-1-15000) Zone (CMC Chapter 21.10); C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and Coastal Resource Protection Overlay Zone (CMC Chapter 21.203); D. Inclusionary Housing Ordinance (CMC Chapter 21.85); and E. Growth Management (CMC Chapter 21.90). The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable city regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. A. R-4 Residential General Plan Land Use Designation The project site has a General Plan Land Use designation of R-4 Residential which allows for the development of single-family residences at a density of 0-4 dwelling units per acre (du/ac). The project’s density (1.73 du/ac) does not exceed the range of the R-4 General Plan Land Use designation. The project includes replacing an existing single-family residence with a new single-family residence. B. One-Family Residential Zone (R-1-15000) (CMC Chapter 21.10) The project is required to comply with all applicable regulations and development standards of the Carlsbad Municipal Code (CMC) including the One-Family Residential (R-1-15000) zone. The proposed project meets or exceeds all applicable requirements of the R-1-15000 zone (shown in Table “C” below). CDP 2020-0018 (DEV2020-0111) – FORESTER RESIDENCE May 19, 2021 Page 3 TABLE C – R-1-15000 ZONE DEVELOPMENT STANDARDS STANDARD REQUIRED/ALLOWED PROPOSED Front Yard Setback (Highland Drive) 20’ 20’ Side Yard Setback 10’ 10’ Rear Yard Setback (Adams Street) 20’ 20’ Max Building Height 35’ 27’ 6” Lot Coverage 40 percent 34 percent Parking Two-car garage Three-car garage C. Conformance with the Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203) The project site is located within the Mello II Segment of the Local Coastal Program and is not in the appeal jurisdiction. The site is also located within and subject to the Coastal Resources Protection Overlay Zone. The project’s compliance with each of these programs and ordinances is discussed below: 1. Mello II Segment of the Certified Local Coastal Program and all applicable policies. 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-4 Residential (0-4 du/ace), which allows for a density of 0-4 du/ac. The project density of 1.73 du/ac is consistent with the R-4 General Plan Land Use designation as discussed in Section A above. Therefore, the project is consistent with the Mello II Segment of the LCP. The project consists of the construction of a new 4,085-square-foot single family residence with an attached three-car garage in an area designated for residential development. The proposed single-story, single-family residence is compatible with the surrounding development of one and two-story single- family structures. The single-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. Coastal Resource Protection Overlay Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC 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. CDP 2020-0018 (DEV2020-0111) – FORESTER RESIDENCE May 19, 2021 Page 4 D. Inclusionary Housing Ordinance (CMC Chapter 21.85) For all residential development less than seven units, the inclusionary housing requirement may be satisfied through the payment of an inclusionary housing in-lieu fee. However, pursuant to Carlsbad Municipal Code Section 21.85.030(D)(3), the construction of a new residential structure which replaces a residential structure that was destroyed or demolished within two years prior to the application for a building permit for the new residential structure is exempt from affordable housing requirements. The proposal to demolish an existing single-family home and construct a new single-family home has been conditioned to pay the applicable housing in-lieu fee for one unit if building permits for the single-family home have not been applied for within two years of demolishing the existing single-family home on-site. Otherwise, no fee is assessed if the existing home is replaced within two years. E. Growth Management The project site is a previously graded site developed with an existing single-family residence. The proposed replacement of an existing single-family home does not increase demand on city facilities beyond that which has previously been analyzed. IV. ENVIRONMENTAL REVIEW This project is exempt from CEQA per the exemptions listed below: (1) Section 15303(a) of CEQA exemptions (Class 3) exempts the construction of single-family residences in urbanized areas from environmental review. A Notice of Exemption will be filed by the City Planner upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7415 2. Location Map 3. Disclosure Form 4. Reduced Exhibits 5. Exhibit(s) “A” – “L” dated May 19, 2021 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 RESIDENCE AND THE CONSTRUCTION OF A NEW 4,085 SQUARE FOOT SINGLE FAMILY RESIDENCE WITHIN THE MELLO II SEGMENT OF THE CITY’S LOCAL COASTAL PROGRAM LOCATED AT 4464 ADAMS STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: FORESTER RESIDENCE CASE NO: CDP 2020-0018 WHEREAS, Sam Wright, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by John Forester, “Owner,” described as Lot 13 of Bellavista, in the City of Carlsbad, County of San Diego California, state of California, according to map thereof no. 2152, filed in the office of the County Recorder of San Diego County March 3, 1929 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibit(s) “A” – “L” dated May 19, 2021, attached hereto and on file in the Carlsbad Planning Division, “CDP 2020-0018 – FORESTER RESIDENCE,” as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on May 19, 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 2020-0018 – FORESTER RESIDENCE,” based on the following findings and subject to the following conditions: PLANNING COMMISSION RESOLUTION NO. 7415 ATTACHMENT 1 PC RESO NO. 7415 -2- 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 4,085-square foot single-story single-family residence. 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 one-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 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 which allows for the development of single-family and multiple- family residences at a density of 0-4 dwelling units per acre (du/ac). The project’s density (1.73 du/ac) does not exceed the range of the R-4 General Plan Land Use designation. Therefore, the proposed new single-family residence is consistent with the city’s General Plan. 5. That the project is consistent with the city’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 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 PC RESO NO. 7415 -3- 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 2020-0018 as shown on Exhibits “A” – “L”, dated May 19, 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 gained 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 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. 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, 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 approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. PC RESO NO. 7415 -4- 9. 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. 7415 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. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city’s Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 11. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 12. 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: 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. 16. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 17. Property owner shall enter into a lien contract with the city for the future public improvement along the property frontage at Adams Street. Public improvements shall be curb and gutter as shown on the Adams Street Alignment Study Drawing Number 331-5. PC RESO NO. 7415 -5- 18. 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 Highland Avenue along the property frontage for a half street width of 30-feet. Public improvements shall be paving, base, sidewalks, and curbs and gutters. Improvements shall not include grading, retaining walls, and utility relocation. Grading 19. 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 20. 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. 21. 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. 22. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city’s latest fee schedule. 23. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Dedication/Improvements 24. 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. 25. 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. PC RESO NO. 7415 -6- 26. Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement for public street & 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. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 27. Developer shall design all proposed public improvements including but not limited to curb and gutter, asphalt concrete paving and base, and curb drains as shown on the site plan. These improvements shall be shown on grading plans processed in conjunction with this project, subject to city engineer approval. 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: 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. 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. 30. 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. 31. 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. 32. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. 33. 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. PC RESO NO. 7415 -7- 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. PC RESO NO. 7415 -8- NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on May 19, 2021, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROY MEENES, Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner A D A M S S T HIG H L A N D D R PUBLIC ACCESS CDP 2020-0018 Forester Residence SITE MAP J SITE E L C AMINO R E ALLA COSTA AVCARLSBAD B L MELROSE DR ATTACHMENT 2 ATTACHMENT 3 ---~---------------~-------------·-------------------"''I {cicyof Carlsbad DISCLOSURE STATEMENT P--1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm·, ,co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust. receiver, syndicate, in this and any other county, city and ,county, city municipality, .district or other political subdivision or any other group or combination acting ~s a unit" Agents may sign this document; howevei, the legal name and entity of the applfcant and property owner must be prgvid~d below. · 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) PersoJg.....i & JUUL Fe..,_(\ TE~ Corp/Part ____________ _ Title --------------Address ,oo ~1\-\.c;.e,.4 !:> VJ~,'u t Pfl\ddress C.JL.~\.~ ~ 'P• 91..,.c.o-e::, -------.....----- 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of & persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, titles, addresses of all individuals ·owning more tha_n 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles,. and addresses of the corporate officers.· (A separate page may be attached if necessary.) Person __________ _ Corp/Part. ___________ _ Title. ___________ _ Title _____________ _ Address _________ _ Address ------------- Page 1 of2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/frust Non Profit/Trust. ________ _ Title.___________ Title. ____________ _ Address. _________ _ Address. ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council wtthin the past twelve (12) months? 0 Y,e.s ~ No ff yes, please indicate peraon(s): __________ _ NOTE: Attach a~ditional sheets if necessary. all the above infonnation ij, true and correct to the best of my knowledge. Print or type name of owner "~ i,..1 1'l l '-f,o • l,J. =., IV t4, r° Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A} Psge2 of 2 Revised 07/10 ATTACHMENT 4 DEPARTMENT OF PUBLIC WORKS 5510 OVERLAND AVENUE, SUITE 410 SAN DIEGO, CA 92123-1237 (858) 694-2212 www.sdcounty.ca.gov/dpw/ JEFF MONEDA DIRECTOR VIA E-MAIL May 18, 2021 Paul Dan City of Carlsbad Planning Division Paul.Dan@carlsbadca.gov PUBLIC INPUT FOR COMMENTS FOR FORESTER RESIDENCE CDP 2020-0018 (DEV2020-0111) Dear Mr. Dan: The County of San Diego Department of Public Works, Airports Division (County Airports) would like to provide comments to the City of Carlsbad’s Planning Division for public input as part of the City of Carlsbad’s Planning Commission’s public hearing on May 19, 2021, for the proposed Forester Residence located at 4464 Adams Street, Carlsbad (Site). County Airports appreciates the opportunity to comment. Since 1959 McClellan-Palomar Airport has been owned and operated by County Airports and is located within the municipal limits of the City of Carlsbad. The airport provides general aviation, corporate and commercial aviation services, and is an air transportation hub utilized by businesses and residents. The County, as the owner of the Airport, accepts federal grant funding from the Federal Aviation Administration (FAA) and is obligated to maintain the facility as a “public use airport.” In accordance with federal grant assurances, the County has no authority over the quantity, type, or flight track of an aircraft arriving or departing from the airport, which are under the jurisdiction of the FAA. In consideration of the FAA’s authority over aircraft in flight, it is important to note that the County’s purview reflects the limits of their authority as ground-facility managers. As a long-standing transportation asset and economic driver within the community, we are interested in development projects that would introduce new residential and/or noise-sensitive land uses in proximity to aviation activities to ensure that those introduced into the Airport Influence Area (AIA) are compatible and well-informed neighbors. BACKGROUND Project Location: The proposed project is located approximately 2.6 miles (13,800 ft.) northwest of McClellan-Palomar Airport’s runway. Paul Dan May 18, 2021 Page 2 of 2 Project Description: As described in the Notice of Public Hearing on City of Carlsbad’s (City) Planning Update website, the project proposes the demolition of an existing residence and the construction of a new 4,085 square foot single-family residence at the Site. COUNTY AIRPORTS COMMENTS The project site is located within the McClellan-Palomar Airport’s Height Notification Area and Review Area #2 of the Airport Influence Area (AIA), as defined in the Airport Land Use Compatibility Plan (ALUCP) by the San Diego County Regional Airport Authority. The City and project applicant should review Title 14 of the Code of Federal Regulations Part 77.9 and determine if a Notice of Proposed Construction or Alteration should be filed with the FAA (see attached Form 7460-1). The 7460-1 form must be submitted to the FAA at least 45 days prior to any construction or alteration of the parcel. If required, we recommend earlier submission to avoid unnecessary redesign costs. In addition, a project containing structures or other objects that may exceed the height standards defined in Part 77, Subpart C, as applied to the airport must submit notification of the proposal to the FAA where required by the provisions of Part 77, Subpart B, and by the California Public Utilities Code, sections 21658 and 21659. The FAA will conduct an “aeronautical study” of the object(s) and determine whether the object(s) would be of a height that would constitute a hazard to air navigation. These requirements apply to all objects including structures, antennas, trees, mobile objects, and temporary objects, such as construction cranes. Please continue to include County Airports in notifications regarding this project. For more information about these comments or McClellan-Palomar Airport, please contact Jason Forga at (619) 956-4825 or by email at Jason.Forga@sdcounty.ca.gov. Sincerely, CAMERON HUMPHRES, Director of Airports Department of Public Works cc: Olivier Brackett – McClellan-Palomar Airport Manager, Department of Public Works Marc Baskel – Program Coordinator, Department of Public Works Sandi Hazlewood – Environmental Planning Manager, Department of Public Works