HomeMy WebLinkAbout2022-04-06; Planning Commission; Resolution 7443PLANNING COMMISSION RESOLUTION NO. 7443
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
TO DEMOLISH AN EXISTING ONE-STORY, SINGLE-FAMILY RESIDENCE AND
DETACHED TWO-CAR GARAGE TO CONSTRUCT AN APPROXIMATELY
2,967-SQUARE-FOOT, TWO-STORY, SINGLE-FAMILY RESIDENCE WITH AN
ATTACHED 472-SQUARE-FOOT GARAGE WITHIN THE MELLO II SEGMENT
OF THE CITY'S LOCAL COASTAL PROGRAM LOCATED AT 2351 PIO PICO DR.
WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: GILBERT RESIDENCE
CASE NO: CDP 2021-0053
WHEREAS, Karen Gilbert, "Developer," has filed a verified application with the City of Carlsbad
regarding property owned by Karen Gilbert, "Owners," described as
THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACT, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A CONCRETE MONUMENT MARKING THE
SOUTHWEST COMER OF SAID TRACT 7; THENCE ALONG THE WESTERLY
LINE OF SAID TRACT 7, NORTH 00°02'00' WEST A DISTANCE OF 603.37
FEET TO A POINT; THENCE NORTH 00°02'00"WEST A DISTANCE OF 92.00
FEET; THENCE NORTH 89°58'00" EAST A DISTANCE OF 195.51 FEET TO
THE TRUE POINT OF BEGINNING; THENCE NORTH 00°02'00' WEST
A DISTANCE OF 193.00 FEET, MORE OR LESS, TO AN INTERSECTION
WITH THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF
THE LAND DESCRIBED IN DEED TO JOSEPH C. GAUS, ET UX, BY DEED
RECORDED APRIL 4, 1946 IN BOOK 2088, PAGE 416 OF OFFICIAL
RECORDS; THENCE EASTERLY ALONG SAID PROLONGATION A DISTANCE
OF 90.00 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID
GAUS' LAND; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF
SAID GAUS' LAND TO A LINE WHICH BEARS NORTH 89°58'00" EAST
FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°58'00
WEST TO THE TRUE POINT OF BEGINNING.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit as
shown on Exhibit(s} "A" -"J" dated April 6, 2022, attached hereto and on file in the Carlsbad Planning
Division, "CDP 2021-0053 -GILBERT 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 15303(A) -New Construction or Conversion of Small Structures. This exception is for the
construction of one single-family residence on a residentially zoned lot. A Historical Resource Evaluation
Report was prepared by a qualified professional to determine if the existing one-story, single-family
residence to be demolished meets the terms and definitions applied to CEQA Guidelines section 15064.5
and found the property does not meet the criteria for listing on the California Register of Historical
Resources; therefore, the project will not have a significant effect on the environment and all of the
requirements of CEQA have been met; and
WHEREAS, on February 7, 2022, the city distributed a notice of intended decision to adopt the
"New Construction or Conversion of Small Structures" exemption. The notice was circulated for a 10-day
period, which began on February 7, 2022 and ended on February 17, 2022 . 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 February 17, 2022; and
WHEREAS, the Planning Commission did, on April 6, 2022, hold a duly noticed public hearing as
prescribed by law to consider said request;
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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 2021-0053 -GILBERT 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 the demolition of an existing one-story single-family residence and detached two-car
garage to construct a new two-story single-family residence with an attached garage. 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 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,
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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 March 28, 1921. Therefore, the existing 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 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.
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
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 a
grading or building permit, whichever occurs first.
1. Approval is granted for CDP 2021-0053 as shown on Exhibits "A" -"J", dated April 6, 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
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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.
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.
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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 building permit, 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. 7443 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.
14. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
Engineering
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 building permit or grading plan,
whichever occurs first.
15. 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.
16. 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
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adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
17. 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
18. 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.
19. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
20. Developer shall cause property owner(s) to enter into a Neighborhood Improvement Agreement
with the city on a city standard form for the future public improvement of Pio Pico Drive along
the property frontage for a half street width of 30-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.
21. 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 streetlights, as needed, along the subdivision frontage, should a future
district be formed.
Grading
22. 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.
23. Supplemental grading plans are required for precise grading associated with this project.
Developer shall prepare, and submit for approval, grading plans for the precise grading as shown
on the site plan all subject to city engineer approval.
Storm Water Quality
24. 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.
25. 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
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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.
26. 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.
Dedications/Improvements
27. Developer shall cause owner to dedicate to the city and/or other appropriate entities an
easement for public street and 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.
28. Developer shall design all proposed public improvements including but not limited to the water
lateral as shown on the site plan. These improvements shall be shown on one of the following,
subject to the city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing.
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 Subdivision (or
Development) Improvement Agreement to install said improvements and shall post security in
accordance with CMC 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.
29. Pio Pico Drive shall be dedicated by owner along the project frontage based on a street center
line to right-of-way width of 30 feet and in conformance with the City of Carlsbad Standards.
Utilities
30. 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. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
31. Developer shall design and agree to construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion
of the district or city engineer, wider easements may be required for adequate maintenance,
access and/or joint utility purposes.
32. Developer shall install potable water service and meter at locations approved by the district
engineer. The locations of said services shall be reflected on public improvement plans.
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Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
33 . 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 ..
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 offinal 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 April 6, 2022, by the following vote, to wit:
AYES: Commissioners Lafferty, Luna, Kamenjarin, Meenes, Merz, Sabellico and Stine
NOES:
ABSENT:
ABSTAIN:
JOESEPH INE, Chair
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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