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HomeMy WebLinkAbout2022-02-16; Planning Commission; Resolution 7437PLANNING COMMISSION RESOLUTION NO. 7437 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 OFA NEW 3,107-SQUARE-FOOT SINGLE FAMILY RESIDENCE WITH AN ATTACHED 770-SQUARE-FOOT ACCESSORY DWELLING UNIT WITH AN ATTACHED 470-SQUARE-FOOT TWO-CAR GARAGE WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM LOCATED AT 3259 LINCOLN STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BLAUVELT RESIDENCE CASE NO: CDP 2021-0024 WHEREAS, Andrew Carlos, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Paul Blauvelt, "Owners," described as THE NORTH ONE-HALF OF THE EAST ONE-HALF OF THE NORTH ONE- HALF OF TRACT TWO HUNDRED FIFTEEN, IN THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915. ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibit(s) "A" -"I" dated February 16, 2022, attached hereto and on file in the Carlsbad Planning Division, "CDP 2021-0024 -BLAUVELT RESIDENCE," as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the Planning Division studied the Coastal Development Permit application and performed the necessary investigations to determine if the project qualified for an exemption from further environmental review under the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq. After consideration of all evidence presented, and studies and investigations made by the city planner and on its behalf, the city planner determined that the project was exempt from further environmental review pursuant to State CEQA Guidelines section 15301(a) (New Construction or Conversion of Small Structures). This exception is for the construction of a single-family residence with an attached accessory dwelling unit. The project will not have a significant effect on the environment and all of the requirements of CEQA have been met; and WHEREAS, on December 20, 2021, the city distributed a notice of intended decision to adopt the 11New Construction or Conversion of Small Structures" exemption. The notice was circulated for a 10-day period, which began on December 20, 2021 and ended on December 30, 2021. The city did not receive any comment letters on the CEQA findings and determination. The effective date and order of the city planner CEQA determination was December 30, 2021; and WHEREAS, the Planning Commission did, on February 16, 2022, 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 11CDP 2021-0024-BLAUVELT 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 residential development, and the project proposes demolition of an existing single-family residence and construction of a new 3,107- square foot two-story single-family residence with an attached 770-square-foot accessory dwelling unit with an attached 470-square-foot two-car garage. The development is consistent with the LCP Mello II R-23 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. PC RESO NO. 7437 -2- 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 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. 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-23 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 December 9, 1915. Therefore, the proposed new single-family residence is consistent with the Elements of the city's General Plan. 6. The Planning Commission has reviewed each of the exactions imposed on t~e 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. 7. The Planning Commission expressly declares that it would not have approved this Coastal Development Permit application to use the Property for completing and implementing the project, except upon and subject to each and all of the conditions hereinafter set, each and all of which shall run with the land and be binding upon the Developer and all persons who use the Property for the use permitted hereby. For the purposes of the conditions, the term "Developer" shall also include the project proponent, owner, permittee, applicant, and any successor thereof in interest, as may be applicable. If the Developer fails to file a timely and valid appeal of this Coastal Development Permit within the applicable appeal period, such inaction by the Developer shall be deemed to constitute all of the following on behalf of the Developer: a. Acceptance of the Coastal Development Permit by the Developer; and PC RESO NO. 7437 -3- b. Agreement by the Developer to be bound by, to comply with, and to do all things required of or by the Developer pursuant to all of the terms, provisions, and conditions of this Coastal Development Permit or other approval and the provisions of the Carlsbad Municipal Code applicable to such permit. 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 2021-0024 as shown on Exhibits "A" -"I", dated February 16, 2022, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. The information contained in the application and all attached materials are assumed to be correct, true, and complete. The Planning Commission is relying on the accuracy of this information and project-related representations in order to process and approve this Coastal Development Permit application. This permit may be rescinded if it is determined that the information and materials submitted are not true and correct. The Developer may be liable for any costs associated with rescission of such permits. 3. 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. 4. 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. 5. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. Furthermore, no part of this Coastal Development Permit's approval shall be construed to permit a violation of any part of the Carlsbad Municipal Code, state, or federal law. During project construction and after project completion, the Developer shall ensure the subject land use activities covered by this permit is conducted in full compliance with all applicable statutes, orders, and laws. 6. 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. PC RESO NO. 7437 -4- 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 7437 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. 12. The appropriate user development fees and Citywide Facility fees shall be paid in accordance with the prevailing fee schedule in effect at the time of building permit issuance, to the satisfaction of the Director of Community Development. Through plan check processing, the Developer shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, Fire Mitigation/Cost Recovery Fees, and other fees listed in the Fee Schedule, which may be amended after the date of this permit's approval. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Community Development Department. 13. 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. PC RESO NO. 7437 -5- 14. Developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division 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. 15. 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. Engineering Conditions General 16. 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. 17. 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. 18. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. 19. If Developer cannot provide proof of lot legality, Developer shall apply for and complete the processing of a certificate of compliance for lot legality purposes to the satisfaction of the city engineer. Developer shall pay processing fees per the city's latest fee schedule. 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 apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private pervious 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. 23. 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 Lincoln Street along the property frontage for a half street width of 40 feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, and streetlights. PC RESO NO. 7437 -6- 24. Developer shall cause owner to execute, for recordation, a city standard Local Improvement District Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and installation of street lights, as needed, along the subdivision frontage, should a future district be formed. Grading 25. 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. 26. Prior to approval of the grading plans, the applicant shall submit a Construction Plan to the city engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, material deliveries, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various constru.ction activities. All material staging, construction trailers, bathroom facilities, etc. shall be located outside the public right-of-way unless otherwise approved by the city engineer or Construction Management & Inspection engineering manager. Storm Water Quality 27. 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. 28. 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. 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. 30. 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. PC RESO NO. 7437 -7- Dedications/Improvements 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. Utilities 32. The Developer shall design and agree to construct water, sewer, and recycled water facilities substantially to the satisfaction of the district engineer and city engineer. 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 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. PC RESO NO. 7437 -8- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on February 16, 2022, by the following vote, to wit: AYES: Commissioners Luna, Kamenjarin, Meenes, Merz, Sabellico, and Stine NOES: Commissioner Lafferty ABSENT: ABSTAIN: ROY MEENES, Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7437 -9-