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HomeMy WebLinkAbout2022-07-20; Planning Commission; Resolution 7455ATTACHMENT 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE ADDITION AND REMODEL OF AN EXISTING SINGLE- FAMILY RESIDENCE WITHIN THE MELLO II SEGMENT OF THE CITY’S LOCAL COASTAL PROGRAM LOCATED AT 3926 HIGHLAND DRIVE WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: MINICILLI RESIDENCE CASE NO: CDP 2021-0023 WHEREAS, Kyron Brimmer, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Frank Minicilli, “Owners,” described as ALL THAT PORTION OF TRACT NO. 247, THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY PROLONGATION OF THE CENTER LINE OF TAMARACK AVENUE WITH THE EASTERLY LINE OF HIGHLAND AS SHOWN ON SAID MAP NO. 1681; THENCE SOUTH 28° 38' 30" EAST (RECORD SOUTH 28° 39' EAST) ALONG THE EASTERLY LINE OF SAID HIGHLAND STREET 1 75.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 61 21' 30" EAST, 150.00 FEET TO THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 150.00 FEET OF SAID TRACT 247; THENCE SOUTH 28 0 38' 30" EAST ALONG SAID NORTHEASTERLY LINE 74.20 FEET; THENCE SOUTH 61 ° 21' 30" WEST, 150.00 FEET TO THE EASTERLY LINE OF SAID HIGHLAND STREET; THENCE NORTH 28° 38' 30" WEST (RECORD NORTH 28° 39' WEST) ALONG SAID EASTERLY LINE 74.20 FEET 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” – “N” dated July 20, 2022, attached hereto and on file in the Carlsbad Planning Division, “CDP 2021-0023 – MINICILLI RESIDENCE,” as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on July 20, 2022, hold a duly noticed public hearing as prescribed by law to consider said request; PLANNING COMMISSION RESOLUTION NO. 7455 PC RESO NO. 7455 -2- 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 2021-0023 – MINICILLI 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 addition and remodel of a 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 addition 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, 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. PC RESO NO. 7455 -3- 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 December 9, 1915. 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 grading or building permit, whichever occurs first. 1. Approval is granted for CDP 2021-0023 as shown on Exhibits “A” – “N”, dated July 20, 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. PC RESO NO. 7455 -4- 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. 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. PC RESO NO. 7455 -5- 11. Prior to the issuance of the grading or 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 No. 7455 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. Land Development Engineering Conditions General 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 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 include rain gutters on the building plans subject to the city engineer’s review and approval. Developer shall install rain gutters in accordance with said plans. 18. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and irrigation along the parkway frontage with Highland Drive as shown on the site plan. PC RESO NO. 7455 -6- Fees/Agreements 19. 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. 20. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 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. Storm Water Quality 23. 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. 24. 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. 25. 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 26. 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. 7455 -7- 27. Developer shall design all proposed public improvements including but not limited to sewer lateral, driveways, ac berm, and water services/meters, etc. as shown on the site plan. These improvements shall be shown on one of the following, subject to city engineer approval: A. Grading plans processed in conjunction with this project; or B. Construction Revision to an existing record public improvement drawing 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. 28. Developer is responsible to ensure all existing overhead utilities servicing the subject property are to be undergrounded as shown on the site plan and to the satisfaction of the city engineer. No new or relocated utility poles are allowed. Utilities 29. 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. 30. 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. 31. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 32. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 33. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. Code Reminders 34. The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 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 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 PC RESO NO. 7455 -8- 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 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 July 20, 2022, by the following vote, to wit: AYES: Commissioners Luna, Kamenjarin, Meenes, Merz, Sabellico, and Stine NOES: ABSENT: Commissioner Lafferty ABSTAIN: JOES H STINE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: /V1)IX MIKE STRONG Assistant Community Development Director PC RESO NO. 7455 -9-