HomeMy WebLinkAbout2021-05-19; Planning Commission; Resolution 7412PLANNING COMMISSION RESOLUTION NO. 7412
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
FOR THE CONSTRUCTION OF A 3,266-SQUARE-FOOT, ONE-STORY SINGLE-
FAMILY RESIDENCE WITH A 807-SQUARE-FOOT ATTACHED GARAGE ON A
0.40-ACRE VACANT LOT LOCATED ON THE SOUTHWEST CORNER OF PARK
DRIVE AND HILLSIDE DRIVE WITHIN THE MELLO II SEGMENT OF THE
LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE
1.
CASE NAME: GIBSON FAMILY RESIDENCE
CASE NO: CDP 2020-0044 (DEV2020-0254)
WHEREAS, Gibson Family Trust, "Owner/Developer," has filed a verified application with the City
of Carlsbad regarding property described as:
PARCEL A:
PARCEL 2 OF PARCEL MAP NO. 21808, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SEPTEMBER 18, 2020 AS FILE NO. 2020-7000324, OF OFFICIAL RECORDS.
PARCEL B:
A PRIVATE DRAINAGE EASEMENT OVER THE EASTERLY PORTION OF PARCEL 3 OF PARCEL MAP
NO. 21808, AS SHOWN ON SAID MAP.
("the Property'); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit as
shown on Exhibit(s) "A" -"K" dated May 19, 2021, attached hereto and on file in the Carlsbad Planning
Division, CDP 2020-0044 -GIBSON FAMILY RESIDENCE, as provided in Chapters 21.201 and 21.203 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 2020-0044 -GIBSON FAMILY RESIDENCE, based on the following findings and
subject to the following conditions:
Findings:
Coastal Development Permit, CDP 2020-0044
1. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the 0.40-acre project site is designated for single-family residential
development. The project is proposing construction of a 3,266-square-foot, one-story single-
family residence with a 807-square-foot attached garage on an existing vacant lot. The
development is consistent with the Mello II Land Use designation of R-4. As the project is not
adjacent to a beach or lagoon and is located east of the first public road, it will not obstruct
views of the coastline as seen from public lands or public rights-of-way or otherwise damage
the visual beauty of the coastal zone. Also, given that the site does not have any frontage along
the coastline, no public opportunities for coastal shoreline access or water-oriented
recreational activities are available. Furthermore, no agricultural uses exist on the site, nor are
there any known sensitive resources also located on the site. Lastly, the proposed single-family
residence is not located in an area of known geologic instability or flood hazard.
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 t.o the shore; therefore, the project will
not interfere with the public's right to physical access to the ocean.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
{Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and
Jurisdictional Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants
and soil erosion. Also, no undevelopable 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 also conditioned to pay habitat in-
lieu mitigation fees for impacts to Habitat Management Plan Group-F habitat (i.e., Disturbed
Lands) and a nesting bird survey is conditioned as a requirement of the project prior to any
development occurring within the bird nesting season.
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. The R-4 Land Use designation allows development of single-family
residences at a density of O to 4 dwelling units per acre (du/ac) with a Growth Management
Control Point (GMCP) of 3.2 du/ac. The 0.40-acre parcel would permit 1.28 dwelling units at the
GMCP.
Habitat Management Plan (HMP)
5. 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
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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 of the City's
Habitat Management Plan. Pursuant to the HMP, the project has been conditioned to pay
habitat in-lieu mitigation fees for impacts to 0.40 acres of Group-F habitat (i.e., Disturbed
Lands).
California Environmental Quality Act {CEQA)
6. 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), listed under the New Construction or Conversion of Small Structures category,
is a Class 3 exemption allowing for the construction of a single-family residence in a residential
zone. Consistent with this section, the proposed project includes the construction of a single-
family home in the One-Family Residential (R-1-15,000) 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.
General
7. 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.
8. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
9. 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.
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
grading 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.
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 submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan,
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found
acceptable, signed by the city's project planner and project engineer. If no changes were required,
the approved exhibits shall fulfill this condition.
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.
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8. 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.
9. 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.
10. 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. 7412 on the
property. Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditiohs 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.
12. At issuance of building permits, the Developer shall pay to the city an inclusionary housing in-lieu
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.
13. 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.
14. 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.
15. 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 0.40 acres of Group-F habitat (i.e., Disturbed
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Lands). If the ln~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.
16. Prior to any tree pruning, vegetation removal, or construction during the nesting season, that
being from March 15 to May 30, a certified biologist shall conduct a pre-work nesting survey no
more than 72 hours before the start of work. If any active nests are located, a no-work buffer shall
be established by the biologist around the nest until the nestlings have fully fledged . The size of
the buffer shall be determined by the biologist based on the species' requirements in coordination
with the city. Documentation from the certified biologist consistent with these requirements shall
be submitted to the City Planner for review and approval. A note to this effect shall be placed on
the construction or grading plans.
17. Approval is granted for CDP 2020-0044 as shown on Exhibits "A" -"K", 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.
Engineering:
General
18. 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.
19. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
Fees/ Agreements
20. 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.
21. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
22. 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.
23. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private trench drain and rip rap 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
24. 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
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technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
25. This project requires off site grading. No grading for private improvements shall occur outside the
project unless developer obtains, records, and submits a recorded copy, to the city engineer, a
temporary grading, construction or slope easement or agreement from the owners of the
affected properties. If developer is unable to obtain the temporary grading or slope easement, or
agreement, no grading permit will be issued. In that case developer must either apply for and
obtain an amendment of this approval or modify the plans so grading will not occur outside the
project and apply for and obtain a finding of substantial conformance and/or consistency
determination from both the city engineer and city planner.
Storm Water Quality
26. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
27. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer
shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier
level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer.
Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee
schedule.
28. 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.
29. 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
30. 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.
31. 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.
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32. Developer shall design all proposed public improvements including but not limited to sidewalk
per DWG 524-9, storm drain inlet, catch basin, and reinforced concrete pipe as shown on the
site plan. These improvements shall be shown on grading plans processed 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.
33. Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city's current fee schedule. Developer shall execute a city standard Development
Improvement Agreement to install said improvements and shall post security in accordance with
C.M.C. Section 18.40.060. Developer shall apply for and obtain a right-of-way permit prior to
performing work in the city right-of-way.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
34. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area contained in the staff report and shown on the site plan are for planning purposes only.
35. 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.
36. Developer shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
37. 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.
38 . Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060. Prior to submittal for a building permit, Developer shall submit a request for
addressing to the Building Division
39. 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.
40. Developer shall pay a landscape inspection fee as required by Section 20.08.050 of the Carlsbad
Municipal Code.
41. 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,
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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.
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