HomeMy WebLinkAbout2022-08-17; Planning Commission; Resolution 7461PLANNING COMMISSION RESOLUTION NO. 7461
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
TO ALLOW FOR THE CONSTRUCTION OF A NEW 2,328-SQUARE-FOOT
SINGLE FAMILY RESIDENCE WITH AN ATTACHED 704-SQUARE-FOOT
THREE CAR GARAGE WITHIN THE MELLO II SEGMENT OF THE CITY'S
LOCAL COASTAL PROGRAM LOCATED ON A VACANT LOT LOCATED AT
1644 TAMARACK AVENUE WITHIN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: APPLEBY RESIDENCE
CASE NO: CDP 2021-0029
EXHIBIT 1
WHEREAS, James Chin, "Developer," has filed a verified application with the City of Carlsbad
regarding property owned by Robert & Lillian Appleby "Owners," described as
PARCEL 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 12803 OF PARCEL
MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JULY 13, 1983
{"the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit as
shown on Exhibit{s) "A" -"E" dated August 3, 2022, attached hereto and on file in the Carlsbad Planning
Division, "CDP 2021-0029 -APPLEBY RESIDENCE," as provided in Chapter 21.201.030 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on August 17, 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
"CDP 2021-0029 -APPLEBY 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 construction of a new 2,328-square-foot single family residence with an attached
704-square-foot three car 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
addition resulting in a 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,
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 July 14, 1983. Therefore, the single-family residence is consistent with
the Elements of the city's General Plan.
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6. The Planning Commission has reviewed each of the exactjons 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
building permit.
1. Approval is granted for CDP 2021-0029 as shown on Exhibits "A" -"E", dated August 17, 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.
PC RESO NO. 7461 -3-
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 condftion 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 issuanc·e 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 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. 7461 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.
PC RESO NO. 7461 -4-
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 show.n on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
Engineering
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 forthe 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, ground cover, etc.)
and irrigation along the parkway frontage with Tamarack Avenue as shown on the site plan.
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.
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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 street lights, 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.
27. Developer shall design all proposed public improvements including but not limited to sewer
lateral, water service/meter, solar street sign and driveway 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
PC RESO NO . 7461 -6-
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 for development. 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 to the satisfaction of the city engineer. No new or relocated utility poles are allowed.
29. Developer is responsible to ensure that all lateral trenches constructed in Tamarack Avenue,
including but not limited to sewer, water, electrical and communications shall be combined into
one cohesive asphalt concrete overlay patch consistent with City of Carlsbad Standard Drawing
GS-27 and GS-28.
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.
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. 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.
33. 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.
34. 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
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 floor
area contained in the staff report and shown on the site plan are for planning purposes only.
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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 mustfollow 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 August 17, 2022, by the following vote, to wit:
AYES : Commissioners Lafferty, Luna, Kamenjarin, Meenes, Merz, and Sabellico
NOES:
ABSENT: Commissioner Stine
ABSTAIN :
son
CARLSBAD PLANNIN CO SION
ATTEST:
MIKE STRONG
ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR
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