HomeMy WebLinkAbout2023-01-18; Planning Commission; Resolution 7470PLANNING COMMISSION RESOLUTION NO. 7470
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
TO ALLOW FOR THE CONSTRUCTION OF 13 SINGLE FAMILY RESIDENCES
ON A 4.55 ACRE SITE GENERALLY LOCATED AT THE SOUTHERN TERMINUS
OF TWAIN AVENUE, EAST OF CANNON ROAD, IN THE MELLO II SEGMENT
OF THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 8.
CASE NAME: OCEAN VIEW POINT
CASE NO.: CDP 1022-0014 (DEV15043)
WHEREAS, RREG INVESTMENT SERIES LLC, "Developer/Owner," has filed a verified application
with the City of Carlsbad regarding property described as
LOTS 1 THROUGH 7, INCLUSIVE, OF CITY OF CARLSBAD TRACT NO. CT
02-06, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16265, IN THE OFFICE
OF THE COUNTY RECORDER OF SIAD COUNTY, APRIL 27, 2018
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit as
shown on Exhibit(s) "A" -"VV" dated Jan. 18, 2023, on file in the Planning Division CDP 2022-0014 -
OCEAN VIEW POINT, as provided by Chapters 21.201.030 of the Carlsbad Municipal Code; and
WHEREAS, a Mitigated Negative Declaration {IS/MND), State Clearinghouse No. 2016051007 (City
Planning Case No. GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-
05 (DEV15043), was prepared and the City Council adopted it on Aug. 20, 2019, for the Ocean View Point
project; and
WHEREAS, Pursuant to the California Environmental Quality Act, (CEQA, Public Resources Code
section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Sections 15162
through 15164 set forth the criteria for determining the appropriate additional environmental
documentation, if any, to be completed when there is a previously adopted Negative Declaration (ND) or
a previously certified environmental impact report (EIR) covering the project for which a subsequent
discretionary action is required; and
WHEREAS, there is no "new information of substantial importance" as that term is used in CEQA
Guidelines Section 15162(a){3). and, the potential environmental effects of the project were adequately
analyzed by the previously certified MITIGATED NEGATIVE DEVELARATION, AND ADDENDUM for the
OCEAN VIEW POINT project (Council Resolution 2019-144), Therefore, the previously approved MND is
adequate without modification and that no additional environmental review is required; and
WHEREAS, the Planning Commission did, on Jan. 18, 2023, hold a duly noticed public hearing as
prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of 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 foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
CDP 2022-0014-OCEAN VIEW POINT, based on the following findings and subject to the
following conditions:
Findings:
Coastal Development Permit
1. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the project consists of the construction of 13 new single-family
residences (2,942 SF to 4,937 SF in area) with attached garages located on 13 lots approved for
residential development, consistent with the LCP Mello II R-4 land use designation. The
proposed one and two-story dwelling units will not significantly obstruct views of the coastline
as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of
the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive
resources located on the development area of the property. In addition, the proposed single-
family dwelling units are not located in an area of known geologic instability or flood hazards.
Since the site does not have frontage along the coastline, no public opportunities for coastal
shoreline access are available from the subject site. Furthermore, the residentially-designated
site is not suited for water-oriented recreation activities.
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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. Steep slopes and native vegetation associated with the site have been
previously evaluated and approved for development (CT 15-04/PUD 15-15/CDP15-53/HDP 15-
03/HMP 15-05} and the site is not located in an area prone to landslides, or susceptible to
accelerated erosion, floods, or liquefaction.
California Environmental Quality Act
4. Record and Basis for Action. The Planning Commission has considered the full record before it,
which includes the Record of Proceedings. Furthermore, the recitals set forth above are found to
be true and correct and material to this resolution; and are incorporated herein by reference.
5. Compliance with CEQA. Pursuant to CEQA Guidelines sections 15162, this project is covered by a
previously adopted IS/MND SCH#2016051007. The effects of the project were examined in the
previously adopted IS/MND and all feasible mitigation measures developed in the IS/MND are
incorporated into the appropriate entitlements to ensure that the mitigations measures will be
implemented.
General
a. There are no substantial changes proposed in the project which will require major
revisions of the adopted IS/MND.
b. There are no substantial changes with respect to the circumstances under which the
project is undertaken which will require major revisions of the adopted IS/MND.
c. There is no new information of substantial importance, which was not known at the
time the adopted IS/MND was certified as complete.
d. The Planning Commission considered the IS/MND and all significant impacts and
mitigation measures in the adopted IS/MND, and considered all written and oral
communications from the public regarding the environmental analysis, and found that
(1) The project falls under the scope of the adopted IS/MND; (2) All significant impacts
were adequately addressed in the adopted IS/MND; (3) The project would not make a
considerable contribution to a new significant cumulative impact; and (4) None of the
triggers for subsequent/supplemental EIRs in CEQA apply. The project is, therefore,
determined to within the scope of the adopted IS/MND and the adopted IS/MND
satisfies all requirements of CEQA for this later activity.
e. The custodian of the documents and other materials which constitute the record of
proceedings upon which this decision is based is the Office of the City Clerk of the City
of Carlsbad, 1200 Village Drive, Carlsbad, CA 92008.
6. The project is consistent with the City-Wide Facilities arid Improvements Plan, the Local Facilities
Management Plan for Zone 8 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
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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.
7. 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 project consists of the construction of 13 single-
family residences on 13 lots, consistent with the LCP Mello II R-4 land use designation. The
subject parcels are approved per CT 15-04/PUD 15-15/CDP15-53/HDP 15-03/HMP 15-05, and at
the time the Coastal Development Permit (and additional development applications) was
processed for the subdivision, the project was found to be in compliance with the R-4 General
Plan Land Use designation and the Growth Management Ordinance (CMC Section 21.90.045).
Therefore, the proposed project, consisting of the development of 13 single-family homes, is
consistent with the R-4 General Plan Land Use designation and the Growth Management
Ordinance (CMC Section 21.90.045.
8. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
9. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city's General Plan, based on the facts set forth in the staff report dated Jan.
18, 2023,
10. 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.
11. 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
PC RESO NO. 7470 -4-
Conditions:
of this Coastal Development Permit or other approval and the provisions of the
Carlsbad Municipal Code applicable to such permit
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issu~nce of grading
permit, building permit, or recordation of the Final Map, whichever occurs first.
1. Approval is granted for CDP 2022-0014 as shown on Exhibits "A" -VV", dated Jan. 18, 2023, 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.
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
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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 submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the (Coastal
Development Permit), conceptual grading plan and preliminary utility plan reflecting the
conditions approved by the final decision-making body. The copy shall be submitted to the City
Planner, reviewed and, if found acceptable, signed by the city's project planner and project
engineer. If no changes were required, the approved exhibits shall fulfill this condition.
9. 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.
10. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 8 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
11. 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.
12. 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 -Approval, Attachment 1 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.
13. 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.
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14. 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.
15. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030 subject
to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay
any applicable Local Facilities Management Plan fee for Zone 8, pursuant to Chapter 21.90. Al.I
such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
16. The Developer shall comply with all applicable conditions set forth for CT 15-04, PUD 15-15,
CDP15-53, HDPO 15-03, and HMP 15-05 in Planning Commission Resolution No. 7339.
17. 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.
18. The approval of CDP 2022-0014 is granted subject to the IS/MND (SCH No. 2016051007), and all
project features and mitigation measures contained therein. The applicant shall implement or
cause the implementation of the Final IS/MND MMRP, provided as "Exhibit 4" to City Council
Resolution No. 2019-144, which is incorporated herein by reference as though fully set forth
herein
Engineering:
General
19. 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.
20. 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.
21. 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.
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.
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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.
24. Concurrent with the grading plans Developer shall include shoring plans as part of the grading
plans to the satisfaction of the city engineer and building official. Structural calculations for all
shoring shall be submitted for review and approval by the building division. Developer shall pay
all deposits necessary to cover any 3rd party review.
Utilities
25. 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.
26. 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.
27. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the district engineer and city
engineer.
28. The developer shall submit detailed design drawings and studies prepared by a registered
engineer to upgrade the existing pressure reducing station "Kelly Cut" at Faraday Avenue to
meet CMWD standard drawing W-29. Said drawings and studies shall be prepared to the
satisfaction of the district 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 appea l. 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 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.
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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 Jan. 18, 2023, by the following vote, to wit:
AYES:
NAYES:
ABSENT:
Commissioners Luna, Kamenjarin, Meenes, Merz, Sabellico, Lafferty, and
Stine
None.
None.
ABSTAIN: None.
JOSEPH TINE, Chair
CARLSBAD PLANNING COMMISSION
ATTEST:
ERIC LARDY
City Planner
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