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HomeMy WebLinkAbout2023-06-07; Planning Commission; ; Martin ResidenceItem 1 Meeting Date: June 7, 2023 To: Planning Commission Staff Contact: Jason Goff, Senior Planner, 442-332-2643, jason.goff@carlsbadca.gov Subject: Martin Residence Location: APN: 155-221-05-00 / District 1 Case Numbers: CDP2022-0008/HMP2022-0006 (DEV2021-0153) Applicant/Representative: Steve Ragan, 858-442-3522, steve@newmoderndesign.com CEQA Determination: ☐Not a Project ☒ Exempt ☐ IS/ND or IS/MND ☐ EIR ☐Other: Permit Type(s): ☐SDP ☐ CUP ☒ CDP ☐ TM/TPM ☐ GPA ☐ REZ ☐ LCPA ☒Other: Habitat Management Plan Permit CEQA Status: ☐The environmental assessment IS on the Agenda for discussion ☒A CEQA determination was already issued. That decision is final and IS NOT on the Agenda Commission Action: ☒Decision ☐ Recommendation to City Council ☐ Informational (No Action) Recommended Actions That the Planning Commission ADOPT Planning Commission Resolution (Exhibit 1), APPROVING Coastal Development Permit, CDP2022-0008, and Habitat Management Plan Permit, HMP2022-0006, based upon the findings and subject to the conditions contained therein. Existing Conditions & Project Description Existing Setting The 0.616-acre (26,811 square feet) project site is located on the west side of Buena Vista Circle backing to the Buena Vista Lagoon as shown on the attached location map (see Exhibit 2). The development area was previously graded flat and developed with a 42-inch-tall chain-link fence and concrete sidewalk at the top of slope between the graded pad and the slope leading down to the Buena Vista Lagoon. The surrounding neighborhood is developed with a mixture of one- and two-story single-family residences. Table “A” below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. Site Map June 7, 2023 Item #1 Page 1 of 59 Table “A” below includes the General Plan designations, zoning and current land uses of the subject site and surrounding properties. Also refer to Exhibit 2 for a larger site map. TABLE A – SITE AND SURROUNDING LAND USE Location General Plan Designation Zoning Designation Current Land Use Site R-4, Residential (0-4 units per acre) One-family Residential, 10,000 sq. ft. min. lot size (R-1-10,000) Vacant, graded pad, developed with 42- inch-tall chain-link fence and sidewalk located at top of slope above BVL. North R-4, Residential R-1-10,000 Single-family residence South R-4, Residential R-1-10,000 Single-family residence East R-4, Residential R-1-10,000 Single-family residence West Open Space (OS) Open Space (OS) Lagoon General Plan Designation Zoning Designation Proposed Project Proposed Residential Construction: The project consists of constructing a new 6,108-square-foot two-story single-family residence with two-car garage, covered patio, second level deck, pool, and spa. Of the total living area, 788 square feet of the ground floor level is dedicated to an attached accessory dwelling unit (ADU). While the ADU is shown on the attached Planning Commission exhibits (see Exhibits 7 and 8), the ADU is subject to administrative review and will be acted upon by the City Planner under a separate Minor Coastal Development Permit (CDP2022-0010) after the Planning Commission’s action on CDP2022-0008/HMP2022-0006. The new single-family residence is oriented on the lot with a large glass front door facing Buena Vista Circle and its living area overlooking the Buena Vista Lagoon to the rear. Excluding the 788-square-foot ADU, the habitable living space of the primary residence includes 3,043 square feet within the ground floor level and 2,277 square feet within the second level for a total of 5,320 square feet. The maximum height of the residence is 24 feet. Architecturally, the new residence reflects a modern design. Primary building materials consist of smooth white stucco in a Santa Barbara finish, with wood (Ipe) and black metal wall panels as secondary accent materials. All decks are enclosed by glass railings or landscaped planters. Proposed Habitat Restoration: The project observes a 100-foot buffer from wetland habitat located along the Buena Vista Lagoon. In accordance with the city’s Habitat Management Plan, the buffer is being placed under the protection of an open space easement and is being restored. June 7, 2023 Item #1 Page 2 of 59 Proposed Grading: Estimated grading quantities include 10 cubic yards (cy) of cut and 1,200 cy of import. A grading permit will be required for this project. Public Outreach & Comment Public notice of the proposed Project was mailed on July 1, 2022, to property owners within 600 feet of the subject property and all residents within 100 feet. A notice of project application sign was posted at the site on June 30, 2022. A CEQA Determination of Exemption was posted on the city’s website and an email was distributed to interested individuals on March 27, 2023, for a period of 10-days, and on April 7, 2023, no comments were received. Additionally, the Project is not subject to the enhanced stakeholder outreach in City Council Policy No. 84 (Development Project Public Involvement Policy). Response to Public Comment & Project Issues No comments were received. Project Analysis General Plan Consistency The project site has a General Plan Land Use designation of R-4 Residential which allows for the development of single-family residences at a density of 0-4 dwelling units per acre (du/ac). The City of Carlsbad General Plan includes several goals and policies that guide development and land use within the city. A discussion of how the project is consistent with the applicable General Plan policies is summarized in Exhibit 3. Municipal Code Consistency The City of Carlsbad Municipal Code, most notably Title 21 Zoning Code, includes requirements and provisions that guide development and land use within the city, consistent with the General Plan. The project is required to comply with all applicable regulations and development standards of the Carlsbad Municipal Code (CMC) including the One-Family Residential (R-1) Zone (CMC Chapter 21.10). Specific compliance with these relevant requirements is described in Exhibit 3 Local Coastal Program Consistency The project site is in the Coastal Zone and requires a Coastal Development Permit. The project complies with the Local Coastal Program (Mello II Segment), including all goals and policies of the General Plan and all zoning code standards, as referenced above. The city’s decision on the Coastal Development Permit is appealable to the California Coastal Commission. Inclusionary Housing Ordinance For any residential development of less than seven (7) units, the inclusionary housing requirements may be satisfied through the payment of an inclusionary housing in-lieu fee. The proposal to construct a new single- family residential dwelling unit has been conditioned to pay the applicable housing in-lieu fee prior to the issuance of a building permit. Discretionary Actions & Findings In addition to the Coastal Development Permit required for any development within the Coastal Zone, the following discretionary action is requested. Additional information on the Coastal Development Permit and Local Coastal Program findings is included in Exhibit 3. Habitat Management Plan Pursuant to CMC Chapter 21.210.060, impacts to habitat and covered species shall not occur absent a Habitat Management Plan Permit. The proposed project impacts 0.37 acres of Disturbed lands as part of site grading and 0.23 acres of Eucalyptus as part of the wetland buffer restoration, both are HMP Group-F Habitat types and are June 7, 2023 Item #1 Page 3 of 59 subject to payment of a habitat mitigation fee as conditioned. Additional information and findings related to this are included in Exhibit 3. Environmental Review In accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City Planner has determined that the project qualified for an exemption pursuant to CEQA Guidelines Section 15332, In-fill Development Projects. On March 27, 2023, a notice of intended decision regarding the environmental determination was advertised and posted on the city’s website. No comment letters or appeal were received and consistent with Chapter 21.54 (Procedures, Hearings, Notices, and Fees) of the Zoning Ordinance the City Planner’s written decision is final. Refer to Exhibit 3 for additional support and justification. Conclusion Considering the information above and in the referenced Exhibits, staff has found that the proposed Project is consistent with all applicable policies of the General Plan and Local Coastal Program, provisions of the Municipal Code and Local Facility Management Zone. The Project would be required to comply with all applicable California Building Standards Codes and engineering standards through the standard building permit and civil improvement plan checking process. Staff recommends the Planning Commission adopt the resolution recommending approval of the proposed Project described in this staff report. Exhibits 1.Planning Commission Resolution 2.Location Map 3.Project Analysis 4.Disclosure Form 5.CEQA Determination of Exemption 6.List of Acronyms and Abbreviations 7.Reduced Exhibits 8.Full Size Exhibit(s) “A” – “BB” dated June 7, 2023 (On file in the Planning Department) June 7, 2023 Item #1 Page 4 of 59 PLANNING COMMISSION RESOLUTION NO. 7485 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT, CDP2022-0008, AND HABITAT MANAGEMENT PLAN PERMIT, HMP2022- 0006, TO ALLOW FOR THE CONSTRUCTION OF A NEW 6,108 SQUARE FOOT, TWO-STORY SINGLE-FAMILY RESIDENCE GENERALLY LOCATED ON A VACANT LOT BETWEEN 2391 AND 2411 BUENA VISTA CIRCLE WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CASE NO: MARTIN RESIDENCE CDP2022-0008/HMP2022-0006 (DEV2021-0153) Exhibit 1 WHEREAS, John and Pamela Martin, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as: Lot 5 of Buena Vista Gardens, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2492, filed in the Office of the County Recorder of San Diego County, Aug. 4, 1948. ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit and Minor Variance as shown on Exhibit(s) "A" -"BB" dated June 7, 2023, attached hereto and on file in the Carlsbad Planning Division, CDP2022-0008/HMP2022-0006-MARTIN RESIDENCE, as provided in Chapters 21.201 and 21.210 of the Carlsbad Municipal Code; and WHEREAS, the Planning Division studied the Coastal Development Permit and Habitat Management Plan Permit applications 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 sections 15332 -In-Fill Development Projects, in that project is consistent with the General Plan, Zoning Ordinance and Habitat Management Plan; the project site is June 7, 2023 Item #1 Page 5 of 59 within the City limits, is less than 5 acres in size, and is substantially surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. The project will not have a significant effect on the environment and all the requirements of CEQA have been met; and WHEREAS, on March 27, 2023, the city distributed a notice of intended decision to adopt the "In­ Fill Development Projects" exemptions. The notice was circulated for a 10-day period, which began on March 27, 2023, and ended on April 6, 2023. 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 April 6,2023;and WHEREAS, the Planning Commission did, on June 7, 2023, 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 CDP2022-0008/HMP2022-0006 -MARTIN RESIDENCE, based on the following findings and subject to the following conditions: Findings: Coastal Development Permit, CDP2022-0008 1.That the proposed development is in conformance with the Certified Local Coastal Program (Mello II Segment) and all applicable policies in that the site is previously graded and designated for residential development, and the project proposes the to construct a new two-story single­ family residence and an attached garage on a parcel of land designated for residential development. The project provides erosion control measures that protect down slope coastal June 7, 2023 Item #1 Page 6 of 59 resources. No agricultural activities, geological instability, flood hazard, or coastal access opportunities exist onsite, and the development does not obstruct views of the coastline as seen from public lands or public right-of-way or otherwise damage the visual beauty of the coastal zone. A small amount (0.02-acres) of freshwater marsh exists onsite adjacent to the lagoon but this habitat will not be impacted. 2.The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that an irrevocable offer of dedication for a 25-foot-wide lateral public access way is included on the project exhibits upland of the environmentally sensitive areas and has also been made a condition of approval in order to provide the public with the right of .lateral access along the Buena Vista Lagoon edge. 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 development is proposed on natural steep slopes (�25 percent gradient) 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 provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that no portion of the proposed single-family residences have been sited any further seaward then those allowed by a line drawn between the adjacent structures to the east and west; and an irrevocable offer of dedication for a 25-foot-wide lateral public access way is labeled on the project exhibit upland of the environmentally sensitive areas and has also been made a condition of approval in order to provide the public with the right of lateral access along the Buena Vista Lagoon edge. Habitat Management Permit, HMP2018-0003 5.That the subject lot is shown in Figure 28 of the approved HMP as a "Development Area," and located adjacent to an "Existing Hardline Conservation Area," namely the Buena Vista Lagoon Ecological Reserve. 6.That the project design as approved by the City of Carlsbad has avoided and minimized impacts to sensitive habitat and species to the maximum extent practicable. Specifically, the single-family residence is proposed on the least environmentally sensitive portion of the site and no sensitive habitats or species will be impacted from the project. 7.That the project is in conformance with the coastal zone standards of the HMP, as described in Municipal Code 21.210.040 D.9, by protecting 0.02 acre of sensitive wetland habitat onsite (HMP Group-A, Freshwater Marsh), adjacent sensitive wetland habitat offsite, and a 100-foot wetland buffer onsite. To prevent negative effects to the onsite and offsite wetland habitat, conditions of approval and project design features for the wetland buffer include removing non-native species, planting with native species, and installing protective fencing. 8.That the project is in conformance with the HMP Adjacency Standards, which will protect the adjacent Buena Vista Lagoon Ecological Reserve from indirect effects through fencing, fire June 7, 2023 Item #1 Page 7 of 59 management, erosion control, landscaping restrictions and exotic species control. 9.That all take of species will be incidental to otherwise lawful activities related to construction and operation of the Martin Residence project. No take of species of concern is proposed or anticipated. 10.That adequate funding has been provided to address changed circumstances and adaptive management needs that may be reasonably anticipated in the future, consistent with the HMP Implementing Agreement. 11.The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The Habitat Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's Habitat Management Plan. Pursuant to the HMP, the project has been conditioned to pay habitat mitigation fees for impacts to 0.6 acres of HMP Group-F Habitat (0.23 acres of Eucalyptus and 0.37 acres of Disturbed lands). General 12.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 Oct. 28, 2004. Since the subject lot was legally created prior to Oct. 28, 2004 (Lot 5 of Map No. 2492, recorded Aug. 4, 1948), the project is consistent with the R-4 General Plan Land Use designation. 13.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. June 7, 2023 Item #1 Page 8 of 59 14.That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 15.The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 -In-fill Development Projects of the State CEQA Guidelines as an infill development project. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project 16.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. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 1.Approval is granted for CDP2022-0008/HMP2022-0006 -MARTIN RESIDENCE as shown on Exhibits "A" -"BB", dated June 7, 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.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 and Habitat Management Plan Permit. 3.Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit and Habitat Management Plan 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. 4.Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5.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 June 7, 2023 Item #1 Page 9 of 59 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. 6.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 and Habitat Management Plan 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 unt.il all legal proceedings have been concluded and continues even if the city's approval is not validated. 7.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 site plan or other, 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. 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 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 Coastal Development Permit and Habitat Management Plan Permit by Resolution No. 7485 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.This project has been found to result in impacts to wildlife habitat or other lands, such as Eucalyptus and Disturbed lands (HMP Group-F Habitat), which provide some benefits to wildlife, as documented in the city's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the city has adopted a Habitat Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund June 7, 2023 Item #1 Page 10 of 59 mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the city has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the habitat mitigation fee, consistent with the City's Habitat Management Plan (HMP} for impacts to 0.6 acres of HMP Group-F Habitat (0.23 acres of Eucalyptus and 0.37 acres of Disturbed lands) prior to issuance of a grading permit or building permit, whichever occurs first. If the Habitat Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 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.At issuance of building permits, the Developer shall pay to the city an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. 15.The applicant shall submit to the City Planner a digital copy of the biology report exhibits in ESRI­ Shapefile format registered to NAD 83 California State Plane Coordinate System Zone 6 (FIPS 406}, US Survey Feet. The City Planner has the discretion to waive this condition based on factors such as the scope of the study and the format in which the exhibits were prepared. 16.Developer shall dedicate an open space easement for those portions of the lot encumbered by the 100-foot wetland buffer to prohibit any encroachment or development, including but not limited to private residential fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, as shown on Exhibits "A" -"BB", dated June 7, 2023. 17.Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 18.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. 19.Prior to issuance of a grading permit or the commencement of any ground-disturbing activities, Developer shall submit a final habitat restoration and monitoring plan as well as specifications for restoration activities within the 100-foot wetland buffer to the City and/or Agencies for review at least 30 days prior to initiating project impacts. The Restoration Landscape Plan shall be prepared and implemented consistent with MHCP Volume 11, Appendix C (Revegetation Guidelines), and Vol. 111; HMP pp. F-8 to F-11; and Open Space Management Plan Sec. 3.1.5. The Restoration Landscape Plan shall, at a minimum, include an evaluation of restoration suitability specific to June 7, 2023 Item #1 Page 11 of 59 proposed habitat types, soil and plant material salvage/translocation, plant palette for planting and seeding, planting techniques, discussion of irrigation, maintenance and monitoring program, and success criteria. All areas shall be monitored and maintained for a minimum of three years to ensure establishment of intended plant communities and shall meet success criteria approved by the City. The Restoration Landscape Plan shall also include a description of appropriate plantings within the 25-foot public access easement and the fire management zone (if applicable). Allowable plantings include native, low fuel species that do not require long-term irrigation. 20.Clearing and grading activities shall be avoided during the bird breeding season, including raptors (Jan. 15 -Aug. 31) to reduce indirect impacts to nesting birds that may be present within the construction footprint or restoration areas. Other construction activities shall also be avoided during the bird breeding season, if feasible. If this cannot be avoided, the following measures shall be taken: a.Nesting bird surveys shall be conducted by a qualified biologist in appropriate habitat for nesting raptors and migratory birds and within a 500-foot survey buffer within three days of construction and submitted to the City Planner. b.If nests of listed birds, migratory birds, raptors, or other special-status species are located, they shall be fenced with a protective buffer of at least 500 feet from active nests of listed species or raptors. Buffer width for other species shall be determined by a qualified biologist in consultation with the city, depending on species, nest location, and other applicable criteria. All construction activity shall be prohibited within this area until all nestlings have successfully fledged. Reduced buffers can be requested from the city if the project biologist can demonstrate that the nesting success will not be affected. 21.Prior to issuance of grading and building permits, developer shall list the following on all construction, grading and improvement plans. Developer shall adhere to the following measures for all construction phases of the project: a.A qualified project biologist shall be retained to review grading plans (e.g., all access routes and staging areas), and monitor construction activities throughout the duration of grading/ground disturbance associated with the project to ensure that all practicable measures are being employed to avoid incidental disturbance of habitat and any target species of concern outside the project footprint. b.The footprint of disturbance shall be specified in the construction plans. Construction limits shall be delineated with orange fencing, and in areas potentially subject to project related runoff, silt fencing shall be used to delineate the impact footprint. All fencing shall be maintained until the completion of all construction activities, at which time all fencing shall be removed. All construction personnel and associates shall be instructed that their activities, vehicles, equipment, and construction materials are restricted to the proposed project footprint, designated staging areas, and routes of travel. If any impacts shall occur beyond the approved impact footprint, all work in the immediate vicinity shall cease until the disturbance limit breach has been addressed to the satisfaction of the City. June 7, 2023 Item #1 Page 12 of 59 c.Any habitat that is impacted that is not in the identified project footprint shall be disclosed immediately to the City, USFWS, CDFW, and CCC and shall be compensated at a minimum ratio of 5:1. d.Construction employees shall limit their activities, vehicles, equipment, and construction materials to the fenced project footprint. e.Equipment storage, fueling, and staging areas shall be located on disturbed upland sites with minimal risk of direct drainage into riparian areas or other sensitive habitats, and at least 100 feet from waters of the United States. These designated areas shall be located in such a manner as to prevent any runoff from entering sensitive habitat. All necessary precautions shall be taken to prevent the release of cement or other toxic substances into surface waters. All project-related spills of hazardous materials shall be reported to the City and shall be cleaned up immediately and contaminated soils removed to approved disposal areas. f.Lighting in or adjacent to the preserve shall not be used, except where essential for roadway, facility use, and safety. If nighttime construction lights are necessary, all lighting adjacent to natural habitat shall be shielded and/or directed away from habitat. g.Fugitive dust shall be avoided and minimized through watering and other appropriate measures. h.Exotic species that prey upon or displace target species of concern shall be permanently removed from the site. i.To avoid attracting predators of the native wildlife species, the project site shall be kept as clean of debris as possible. All food related trash items shall be enclosed in sealed containers and regularly removed from the site. Pets of project development personnel shall not be allowed on site where they may come into contact with any native species. j.The City of Carlsbad has the right to access and inspect any sites of approved projects including any restoration/enhancement area for compliance with project approval conditions including these Best Management Practices (BMPs). The USFWS and CDFW may accompany City representatives on this inspection. k.Grading activity shall be prohibited during the rainy season: from Oct. 1 through April 1 of each year. However, the Oct. 1 grading season deadline may be extended with the approval of the City Engineer subject to implementation by Oct. 1 of special erosion control measures designed to prohibit discharge of sediments off-site during and after the grading operation. Extensions beyond Nov. 15 may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal development permit or as an amendment to an existing coastal development permit. I.All graded areas shall be landscaped prior to Oct. 1 of each year with either temporary or permanent landscaping materials, to reduce erosion potential. Such landscaping shall be maintained and replanted if not well-established by December pt following the initial planting. June 7, 2023 Item #1 Page 13 of 59 m.If any of the responsible resource agencies prohibit grading operations during the summer grading period in order to protect endangered or rare species or sensitive environmental resources, then grading activities may be allowed during the winter by a coastal development permit or permit amendment, provided that appropriate BMPs are adopted. 22.Prior to issuance of a grading permit or the commencement of any ground-disturbing activities, whichever occurs first, Developer shall provide written confirmation to the City Planner that a qualified paleontologist has been retained to draft and implement a paleontological monitoring program in accordance with the provisions of the City of Carlsbad Tribal, Cultural, and Paleontological Resources Guidelines (September 2017) and as further detailed in the Paleontological Assessment for the Martin Residence Project (Brian F. Smith and Associates, Inc., July 19, 2022). 23.Prior to issuance of a grading permit or the commencement of any ground-disturbing activities, whichever occurs first, Developer shall: a.Retain the services of a qualified archaeologist who shall be on-site to monitor ground disturbing activities. In the event cultural resource material is encountered, the archaeologist is empowered to temporarily divert or halt grading to allow for coordination with the Luise no Native American monitor and to determine the significance of the discovery. The archaeologist shall follow all standard procedures for cultural resource materials that are not Tribal Cultural Resources, in accordance with applicable laws and regulations including but not limited to the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines (2017). b.Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians or other Luiseno Native American tribe that meets all standard requirements of the tribe for such Agreements, in accordance with applicable laws and regulations including but not limited to the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines (2017). This agreement will address provision of a Luiseno Native American monitor and contain provisions to address the proper treatment of any Tribal Cultural Resources and/or Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Luiseno Native American monitor and the archaeologist. 24.Developer shall dedicate an irrevocable 25-foot-wide lateral access easement along the Buena Vista Lagoon to the California Coastal Commission or their designee as agreed to with the California Coastal Commission. Engineering Conditions General 25.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. 26.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 June 7, 2023 Item #1 Page 14 of 59 adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 27.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. Fees/ Agreements 28.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. 29.Developer shall cause property owner to execute and submit to the City Engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 30.Developer shall cause property owner to submit an executed copy to the City Engineer for ·recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 31.Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for recordation, an Encroachment Agreement covering private driveway trench drain and decorative hardscape located over existing public right-of-way or easements as shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. 32. Developer shall cause property owner to enter into a lien contract with the city for the future public improvement of Buena Vista Circle along the property frontage for a half street width of 20-feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water. 33.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 property frontage, should a future district be formed. Grading 34.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. 35.Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the City Engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. June 7, 2023 Item #1 Page 15 of 59 Storm Water Quality 36.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. 37.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. 38.This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to City Engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the City Engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 39.Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Dedications/Improvements 40.Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the City Engineer. All private drainage systems (12-inch diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 41.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. 42.Developer shall prepare and process public improvement plans and, prior to City Engineer approval of said plans, shall execute a city standard Development Improvement Agreement to install and shall post security in accordance with CMC Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the City Engineer. These improvements include, but are not limited to: A.Driveway approach B.Water service and meter C.Sewer service June 7, 2023 Item #1 Page 16 of 59 Additional public improvements required in other conditions of this resolution are hereby included in the above list by reference. Developer shall pay the standard improvement plan check and inspection fees in accordance with the fee schedule. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 43.Developer shall design all proposed public improvements including but not limited to (sewer laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains, etc.) as shown on the site plan. These improvements shall be shown on one of the following, subject to City Engineer approval: Utilities A.Grading plans processed in conjunction with this project; or B.Construction Revision to an existing record public improvement drawing Additional public improvements required in other conditions of this resolution are hereby included in the above list by reference. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 44.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. 45.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. 46.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: 47.Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 48.Prior to issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 49.Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 50.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. June 7, 2023 Item #1 Page 17 of 59 51.Developer shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the undergrounding of existing overhead utilities. 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 TO APPLICANT The project site is within the appealable area of the California Coastal Commission. This Coastal Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal Commission within such time limit shall stay the effective date of this CDP until such time as a final decision on the appeal is reached by the Coastal Commission. 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 June 7, 2023, by the following vote, to wit: June 7, 2023 Item #1 Page 18 of 59 AYES: Merz, Hubinger, Kamenjarin, Lafferty, Meenes, Sabellico, and Stine NAYES: ABSENT: ABSTAIN: PETER MERZ, Chair CARLSBAD PLANNING COMMISSION ATTEST: ERIC LARDY City Planner June 7, 2023 Item #1 Page 19 of 59 BU E N A V I S T A C R E L C AMINO R E A L LA COSTA AV A L G A R D C A R L S B A D B L CDP 2022-0008 / HMP 2022-0006 Martin Residence SITE MAP J SITE!"^ Map generated on: 4/5/2023 BUENA VISTA LAGOON Exhibit 2 June 7, 2023 Item #1 Page 20 of 59 Exhibit 3 PROJECT ANALYSIS The project is subject to the following regulations: A. General Plan (Residential, R-4) Land Use Designation. B. One-Family Residential (R-1) Zone (CMC Chapter 21.10). C. Coastal Development Procedures for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201); Coastal Resource Protection Overlay Zone (CMC Chapter 21.203); and Coastal Shoreline Development Overlay Zone (CMC Chapter 21.204). D. Inclusionary Housing Ordinance (CMC Chapter 21.85). E. Habitat Management Plan (CMC Chapter 21.210). F. Growth Management (CMC Chapter 21.90). G. California Environmental Quality Act Exemption (Environmental Statement). The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations is discussed in detail within the sections below. A. General Plan (Residential, R-4) Land Use Designation The General Plan Land Use designation for the property is R-4, Residential. The R-4, Residential Land Use designation allows for the development of single-family residences at a density of 0 to 4 dwelling units per acre. Per the General Plan 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 (Lot No. 5) was legally created on August 4, 1948, as part of the Buena Vista Gardens subdivision, Map No. 2492. Therefore, the existing single-family residence is consistent with the Elements of the city’s General Plan. B. One-Family Residential (R-1) Zone (CMC Chapter 21.10) The project is required to comply with all applicable regulations and development standards of the Carlsbad Municipal Code (CMC) including the One-Family Residential (R-1) Zone. The proposed project meets or exceeds all applicable requirements of the R-1 Zone as shown in Table “A” below. TABLE A – R-1 ZONE DEVELOPMENT STANDARDS STANDARD REQUIRED/ALLOWED PROPOSED Front Yard Setback 20 feet 20 feet Side Yard Setback 10% of lot width, not to exceed 10 feet 10 feet Rear Yard Setback Must comply with a “stringline” setback. All proposed construction complies with the “stringline” setback. * Maximum Building Height Maximum 30 feet if a minimum roof pitch of 3:12 is provided, or maximum 24 feet if less than a 3:12 roof pitch is provided. 24 feet June 7, 2023 Item #1 Page 21 of 59 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) Page 2 TABLE A – R-1 ZONE DEVELOPMENT STANDARDS (CONTINUED) STANDARD REQUIRED/ALLOWED PROPOSED Lot Coverage 40% 21.18% Parking Two-car garage with a minimum interior dimension of 20 feet by 20 feet. Two-car garage with a minimum interior dimension of 20 feet by 20 feet. * All new construction for this project complies with the “stringline” structural setback standard, which specifies that no structure be permitted further seaward than similar structures on adjacent properties. (See also Section C.3 below). C.Coastal Development Procedures for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201); Coastal Resource Protection Overlay Zone (CMC Chapter 21.203) and Coastal Shoreline Development Overlay Zone (CMC Chapter 21.204) The project site is located within the appeals area of the Coastal Zone and within the Mello II Segment of the Local Coastal Program (LCP). The site is also located within and subject to the Coastal Resources Protection Overlay Zone (Chapter 21.203) and the Coastal Shoreline Development Overlay Zone (Chapter 21.204). The project’s compliance with the LCP and overlay zones is discussed below: 1.Mello II Segment of the Certified Local Coastal Program and all applicable policies The Local Coastal Program (LCP) Land Use designation for the property is Residential, R-4. The R-4 LCP Land Use designation allows for residential development at a density range of 0 to 4 dwelling units per acre. As discussed in Section “A” above, the proposal to build one (1) single-family home is consistent with the General Plan. Therefore, the project is consistent with the Mello II Segment of the LCP. The policies of the Mello II Segment also emphasize topics such as preservation of agriculture and scenic resources, protection of environmentally sensitive resources, provision of shoreline access and prevention of geologic instability and erosion. The project is consistent with the LCP Land Use policies as follows: a) the property is not identified as an active “Map X - Designated Coastal Agricultural Lands” site and therefore, is not required to be preserved nor is it subject to an agricultural conversion mitigation fee; b) the development does not obstruct views of the coastline as seen from public lands or public rights-of-way; c) the project is consistent with the City of Carlsbad HMP, which has been developed so as to implement and be consistent with all provisions of the LCP; d) 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; e) the site is geologically stable and the proposed grading for the site has been limited to the area necessary to develop the site; and f) the project has been conditioned in accordance with the LCP to provide a 25-foot-wide lateral public access along the Buena Vista Lagoon in the form of an irrevocable offer of dedication. 2.Coastal Resource Protection Overlay Zone The development is subject to the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203). The Coastal Resource Protection Overlay Zone identifies five areas of protection: a) preservation of steep slopes and vegetation; b) drainage, erosion, sedimentation, habitat; c) landslides and slope instability; d) seismic hazards, and e) floodplain development. The project’s compliance with each of these areas of concern is discussed below: June 7, 2023 Item #1 Page 22 of 59 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) Page 3 a. Preservation of Steep Slopes and Vegetation. Slopes greater than 25 percent and possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities are considered “dual criteria” slopes and are protected in the Coastal Zone. The project site does not contain any “dual criteria” slopes. b. Drainage, Erosion, Sedimentation, Habitat. Topographic and vegetation mapping and analysis was prepared as part of the project. Wetland boundaries were identified, and a 100-foot buffer area has been provided between the wetland area and the edge of development to buffer sensitive habitat areas from intrusion. Project grading has been designed to match the historical drainage pattern of the site. Stormwater runoff is being routed through vegetated basins to eliminate pollutants of concern. The total post development runoff discharging from the site will not exceed the pre-development amounts. Through implementation of the recommended site design and source control BMPs, post-construction impacts to water quality will be mitigated to an acceptable level. c. Seismic Hazards, Landslides and Slope Instability. The Report of Preliminary Geotechnical Investigation (Christian Wheeler Engineering, Dec. 8, 2021) identifies that ground surface rupture as a result of an earthquake or seismic event is considered low and not likely to occur at the site; landslides or other forms of existing slope instability are not indicated within the project terrain; and liquefaction and soil instability is considered low. The report concludes, from a geologic and soils engineering point of view, that the site is suitable for the proposed development. By following the recommendations contained within the referenced report, the site is suitable for the proposed project, and will not expose people or structures to geotechnical-related hazards. d. Flood Plain Development. The foundation for the lowest portion of structure is located approximately 46 ft. above MSL. No new structures or fill are being proposed within a one- hundred-year floodplain area. 3. Coastal Shoreline Development Overlay Zone The Coastal Shoreline Development Overlay Zone (CMC Chapter 21.204) is applicable to all areas within the Mello II Segment of the Carlsbad LCP located between the sea and the first public road parallel to the sea. The subject site is located between the Buena Vista Lagoon and Buena Vista Circle. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone. No portion of the proposed single-family residences have been sited any further seaward then those allowed by a line drawn between the adjacent structures. Furthermore, an irrevocable offer of dedication for a 25-foot- wide lateral public access way is labeled on the project exhibit upland of the environmentally sensitive areas and has also been made a condition of approval in order to provide the public with the right of future lateral access along the Buena Vista Lagoon edge. D. Inclusionary Housing Ordinance (CMC Chapter 21.85) Pursuant to CMC Section 21.85.110(A), any residential development of less than seven units, the inclusionary housing requirements may be satisfied through the payment of an inclusionary housing in- June 7, 2023 Item #1 Page 23 of 59 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) Page 4 lieu fee. The proposal to construct a new single-family residential dwelling unit has been conditioned to pay the applicable housing in-lieu fee prior to the issuance of a building permit. E. Habitat Management Plan (CMC Chapter 21.210) The City of Carlsbad has an adopted Habitat Management Plan (HMP), which is a comprehensive, citywide, program to identify how the city, in cooperation with the federal and state wildlife agencies, can preserve the diversity of habitat and protect sensitive biological resources within the city while allowing for additional development consistent with the City’s General Plan and its Growth Management Plan. In so doing, the Plan is intended to lead to citywide permits and authorization for the incidental take of sensitive species in conjunction with private development projects, public projects, and other activities, which are found to be consistent with the Plan. The project site is located along the southern shore of the Buena Vista Lagoon. The surrounding environment on all sides of the subject parcel except for the lagoon side is developed with existing single-family development. The City of Carlsbad’s Habitat Management Plan (HMP) identifies the Buena Vista Lagoon Ecological Reserve as an Existing Hardline Preserve Area. The HMP identifies the subject lot as Development Area. The HMP conservation goals require conservation of the majority of sensitive habitats in or contiguous with biological core areas, including a no-net-loss of wetland habitat, and preservation of coastal sage scrub (CSS) and maritime succulent scrub adjacent to lagoons. The HMP requires additional conservation standards to be applied to properties within the Coastal Zone. The HMP requires a 100-foot buffer from wetlands, and a 20-foot buffer from sensitive native upland habitats (i.e., CSS), between preserved habitats and development. For this project, a Biological Resources Letter Report was prepared by Dudek dated Dec. 19, 2022. According to the report, the site contains three vegetative communities: 0.02 acres of Freshwater Marsh, 0.23 acres of Eucalyptus, and 0.37 acres of Disturbed lands. No CSS exists on-site, and no other upland habitat exists on-site that would necessitate a 20-foot buffer. The project design avoids and minimizes impacts to wildlife habitat and species of concern to the maximum extent practicable. The residential development is proposed on the least environmentally sensitive portion of the site consisting of HMP Group-F (Disturbed lands) habitat. Development observes a 100-foot setback/buffer from wetlands, namely the Buena Vista Lagoon Ecological Reserve, which is identified in Figure 28 of the approved HMP as an Existing Hardline Conservation Area. Additionally, the small amount (.02 acres) of HMP Group-A (Freshwater Marsh) habitat, which is located along the northern portions of the site near the lagoon edge, will also be protected by the 100-foot wetland buffer and a proposed open space easement as shown on the plans and as further conditioned. To prevent negative effects on the lagoon and the HMP Group-A (Freshwater Marsh) habitat, measures have been included with the project to address the interface between the proposed development and the lagoon, which includes a 100-foot buffer, fencing, fire management, erosion control, landscaping restrictions and exotic species control. No take of species of concern is proposed or anticipated. The proposed project will impact 0.37 acres of Disturbed lands as part of site grading and 0.23 acres of Eucalyptus as part of wetland buffer restoration, both are HMP Group-F Habitat types and are subject to payment of a habitat mitigation fee as conditioned. June 7, 2023 Item #1 Page 24 of 59 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) Page 5 F. Growth Management (CMC Chapter 21.90) The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of the city. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table “B” below. TABLE B – GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration 3.54 sq. ft. Yes Library 1.89 sq. ft. Yes Wastewater Treatment 1 EDU Yes Parks .007 acre Yes Drainage 0.24 CFS/Basin A Yes Circulation 10 ADT Yes Fire Fire Station No. 1 Yes Open Space N/A N/A Schools Carlsbad (E = 0.01844 / M = 0.1056 / HS = 0.1441) Yes Sewer Collection System 1 EDU Yes Water 250 GPU Yes G. Environmental Statement (California Environmental Quality Act) The California Environmental Quality Act (“CEQA”), and its implementing regulations (“CEQA Guidelines”) adopted by the Secretary of the California Natural Resources Agency, list classes of projects that have been determined not to have a significant effect on the environment and as a result are exempt from further environmental review under CEQA. City staff completed a review of the project and potential environmental impacts associated with the project pursuant to CEQA and concluded that the project qualified for a Class 32 exemption pursuant to CEQA Guidelines Section 15332 (In-Fill Development Projects) in that the project is consistent with the General Plan and the Zoning Ordinance; the project site is within the city limits, is less than five acres in size, and is substantially surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. A notice of intended decision regarding the environmental determination was advertised on March 27, 2023 and posted on the city’s website. The notice included a general description of the project, the proposed environmental findings, and a general explanation of the matter to be considered. The findings and determination contained in that notice was declared as final on the date of the noticed decision, unless appealed as provided by the procedures commencing in Chapter 21.54 (Procedures, Hearings, Notices, and Fees) of the Zoning Ordinance. During the 10-day public review period, the city received no comment letters from the public regarding the prospective environmental determination. Since no appeal was filed and no substantial evidence was submitted that would support a finding that the exemption requirements would not be satisfied, the project was determined by the city planner to not have a significant effect on the environment. The CEQA Determination is attached to this staff report as Exhibit 5 and demonstrates that the project is June 7, 2023 Item #1 Page 25 of 59 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) Page 6 categorically exempt from further environmental review. The city planner’s written decision is final and the CEQA determination is not within the Planning Commission’s purview. With the appropriate environmental clearances in place, all the city’s procedural requirements and relevant aspects of CEQA have been satisfied. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines and Chapter 19.04 of the Municipal Code do not apply to this project. June 7, 2023 Item #1 Page 26 of 59 Exhibit 4 June 7, 2023 Item #1 Page 27 of 59 June 7, 2023 Item #1 Page 28 of 59 June 7, 2023 Item #1 Page 29 of 59 Exhibit 5 June 7, 2023 Item #1 Page 30 of 59 LIST OF ACRONYMS AND ABBREVIATIONS Exhibit 6 This is a list of acronyms and abbreviations (in alphabetical order) that are commonly used in staff reports. Acronym Description Acronym Description APA American Planning Association LCPA Local Coastal Program Amendment APN Assessor Parcel Number LOS Level of Service AQMD Air Quality Management District MND Mitigated Negative Declaration BMP Best Management Practice NCTD North County Transit District CALTRANS California Department of Transportation ND Negative Declaration CC City Council PC Planning Commission CCR Conditions, Covenants and Restrictions PDP Planned Development Permit CEQA California Environmental Quality Act PEIR Program Environmental Impact Report CFD Community Facilities District PUD Planned Unit Development CIP Capital Improvement Program ROW Right of Way COA Conditions of Approval RWQCB Regional Water Quality Control Board CofO Certificate of Occupancy SANDAG San Diego Association of Governments CT Tentative Parcel Map SDP Site Development Permit CUP Conditional Use Permit SP Specific Plan DIF Development Impact Fee SWPPP Storm Water Pollution Prevention Program DISTRICT City Council Member District Number TM Tentative Map EIR Environmental Impact Report ZC Zone Change EIS Environmental Impact Statement (federal) EPA Environmental Protection Agency FEMA Federal Emergency Management Agency GP General Plan GPA General Plan Amendment GIS Geographic Information Systems HCA Housing Crisis Act 2019 IS Initial Study June 7, 2023 Item #1 Page 31 of 59 DATE cdp 2022-0008/ hmp 2022-0006 / cdp 2022-0010 A-0.0 2.27.2023 COVER SHEET MA R T I N R E S I D E N C E LO T 5 B U E N A V I S T A C I R C L E CA R L S B A D , C A AP N : 1 5 5 - 2 2 1 - 0 5 - 0 0 MARTIN RESIDENCE LOT 5 BUENA VISTA CIRCLE CARLSBAD, CA Exhibit 7 June 7, 2023 Item #1 Page 32 of 59 W d DW DW R 3043 SF LOWER LIVING AREA 788 SF ADU 804 SF GARAGE 904 SF COVERED Area Legend ADU COVERED GARAGE LOWER LIVING AREA 85 SF COVERED 55 SF COVERED 2277 SF UPPER LIVING AREA Area Legend UPPER LIVING AREA DATE cdp 2022-0008/ hmp 2022-0006 / cdp 2022-0010 1" = 20'-0" A-1.0 2.27.2023 PROJECT DATA MA R T I N R E S I D E N C E LO T 5 B U E N A V I S T A C I R C L E CA R L S B A D , C A AP N : 1 5 5 - 2 2 1 - 0 5 - 0 0 SHEET INDEX SHEET #SHEET NAME A-0.0 COVER SHEET A-1.0 PROJECT DATA A-1.1 SITE PLAN A-1.2 STRING LINE EXHIBIT c-1.0 civil c-2.0 civil c-3.0 civil c-4.0 civil A-2.0 FLOOR PLAN A-3.0 ELEVATIONS A-3.1 ELEVATIONS A-4.0 ROOF PLAN LT-001 LANDSCAPE TITLE SHEET L-001 LANDSCAPE CONSTRUCTION LEGEND LC-101 LANDSCAPE CONSTRUCTION PLAN LC-102 LANDSCAPE CONSTRUCTION PLAN LC-501 LANDSCAPE CONSTRUCTION DETAIL LC-502 LANDSCAPE CONSTRUCTION DETAIL LP-001 LANDSCAPE PLANTING PLAN LP-101 LANDSCAPE PLANTING PLAN LP-102 LANDSCAPE PLANTING PLAN LP-103 LANDSCAPE HYDROZONE DIAGRAM LP-104 LANDSCAPE HYDROZONE DIAGRAM LR-701 LANDSCAPE RENDERINGS PROJECT DATAPROJECT DATAUTILITIESUTILITIES SEWER DISTRICT: CBD WATER DISTRICT: CMWD SCHOOL DISTRICT: Cbd OWNER:OWNER: JOHN MARTIN LOT 5 BUENA VISTA CIRCLE CARLSBAD, CA SITE ADDRESS: SITE ADDRESS: LOT 5 BUENA VISTA CIRCLE CARLSBAD, CA APN:APN: 155-221-05-00 application type:application type: coastal development permit habitat management plan permit LEGAL DESCRIPTION: LEGAL DESCRIPTION: LOT 5* ZONING:ZONING: R-1 undevelopable area per biologistundevelopable area per biologist 100' wetlands setback: 12,618 s.f. city of Carlsbad SETBACKS:city of Carlsbad SETBACKS: FRONT: 20' SIDE: 10' rear: per plan HEIGHT LIMIT:HEIGHT LIMIT: 30'-0" PROPOSED SQUARE FOOTAGE:PROPOSED SQUARE FOOTAGE: living: 5,320 adu: 788 garage: 804 total: 6,912 LOT ACREAGELOT ACREAGE 0.616 (26,811 S.F.) SITE COVERAGESITE COVERAGE 5,679 (home + adu + COVERED)/ 26,811 = 21.18%21.18% BUILDING TYPE: BUILDING TYPE: V-b 1" = 20'-0"2 LOWER AREA PLAN 1" = 20'-0"3 UPPER AREA PLAN DISTURBANCE AREASDISTURBANCE AREAS TOTAL GROSS SITE AREA = 26,811 SF net developable = 14,091 sf existing impervious area = 100 sf PROPOSED IMPERVIOUS AREA (onsite) = 9,949 SF proposed pervious area (onsite) = 4,142 sf TOTAL DISTURBED AREA= 14,091 SF (0.323 AC) PROJECT TEAMPROJECT TEAM DESIGNER:DESIGNER: sTEVE ragan - new modern design- new modern design 445 marine street #310 del mar, ca 92014 858.442.3522 steve@newmoderndesign.com civil engineer/ SURVEYOR:civil engineer/ SURVEYOR: mike smith - pasco-lauret suiter- pasco-lauret suiter 119 aberdeen drive cardiff-by-the-sea, ca 92007 858.259.8212 msmith@plsaengineering.com SOILS engineer/ GEOLOGIST: SOILS engineer/ GEOLOGIST: CHRISTIAN WHEELER ENGINEERINGCHRISTIAN WHEELER ENGINEERING 3980 HOME AVENUE SAN DIEGO, ca 92105 619.550.1700 drussell@christianwheeler.com PALEONTOLOGIST / archeologist:PALEONTOLOGIST / archeologist: BRIAN F smith - BRIAN F. SMITH & ASSOC.- BRIAN F. SMITH & ASSOC. 14010 Poway Road, Suite A Poway, California 92064 858.484.0915 bsmith@bfsa-ca.com BIOLOGIST:BIOLOGIST: SHANA CAREY - DUDEK- DUDEK 605 THIRD STREET ENCINITAS, California 92024 800.450.1818 scarey@dudek.com landscape:landscape: foxterra DESIGNfoxterra DESIGN 949.299.4255 SETHVDL@FOXTERRADESIGN.com SCOPE OF WORKSCOPE OF WORK 1. NEW SINGLE FAMILY RESIDENCE 2. NEW ADU 3. COVERED PATIO 4. POOL 5. 14,780 s.f. landscaping PARKINGPARKING 2 PARKING SPOTS IN GARAGE (required) 1 PARKING SPOT IN DRIVEWAY (ADu required) 3 SPOTS TOTAL required3 SPOTS TOTAL required 3 SPOTS TOTAL provided3 SPOTS TOTAL provided solarsolar 1. provide 4.8 kWdc roof mounted solar system landscapinglandscaping landscape area: landscape area: 14,780 s.f. landscape percentage:landscape percentage: 55% VICINITY MAPVICINITY MAP Area Schedule Name Area Comments COVERED 55 SF LOWER LIVING AREA 3043 SF habitable ADU 788 SF habitable UPPER LIVING AREA 2277 SF habitable DECK 748 SF non-habitable DECK 851 SF non-habitable GARAGE 804 SF non-habitable COVERED 904 SF non-habitable COVERED 85 SF non-habitable areaarea Climate action plan Climate action plan compliancecompliance a. consistent with existing general plan land use and zoning: yes i. ghg study required? b. energy efficiancy requirement: c. photovoltaic requirement i. 12000 kw-dc roof mounted ii. 0 kw-dc ground mounted iii. 12000 kw-dc total project d. electric vehicle charging requirement: i. 1# ev chargers ii. 1# ev ready iii. 1# ev capable e. hot water heating requirement yes f. traffic demand managment required: no fire sprinkler requirementsfire sprinkler requirements nfpa 13 d residential fire sprinklers shall be required throughout both the single-family dwelling and the attached accessory dwelling unit June 7, 2023 Item #1 Page 33 of 59 W d DW DW R Cooktop DN DN PROPOSED residencePROPOSED residence PROPOSED ADUPROPOSED ADU POO L S T R U C T U R E S T R I N G L I N E AC C E S S O R Y S T R U C T U R E S T R I N G L I N E MA I N L I V I N G S T R I N G L I N E SY S . B . 10 ' - 0 " FY S.B. 20' - 0 " PARKI N G S P O T 9' - 0 " 18' - 0 " PARK I N G S P O T 9' - 0 " 18' - 0 " PARK I N G S P O T 9' - 0 " 18' - 0 " 25' wide later a l e a s e m e n t f o r future lagoo n a c c e s s fm z z o n e b - 3 fm z z o n e b - 2 fm z z o n e b - 1 line of 2nd story abv ad u s e t b a c k 4' - 0 " ad u s e t b a c k 4' - 0 " any combined wall and fence height not to exceed 6 feet in sysb area 65' - 7" N 0 20 30 4010 GRAPHIC SCALE s. y . s . b . 10 ' - 0 " any combined wall and fence height not to exceed 42" in Fysb area legend DATE cdp 2022-0008/ hmp 2022-0006 / cdp 2022-0010 As indicated A-1.1 2.27.2023 SITE PLAN MA R T I N R E S I D E N C E LO T 5 B U E N A V I S T A C I R C L E CA R L S B A D , C A AP N : 1 5 5 - 2 2 1 - 0 5 - 0 0 1" = 10'-0"1site plan June 7, 2023 Item #1 Page 34 of 59 W d DW DW RCo o k t o p DN DN PROPOSED PROPOSED residenceresidence ADU PO O L S T R U C T U R E S T R I N G L I N E ACCES S O R Y S T R U C T U R E S T R I N G L I N E MAIN L I V I N G S T R I N G L I N E SY S.B. 10' - 0" SY S.B. 10' - 0" FY S . B . 20' - 0 " 2391 2381 2411 STRINGLINE SHADING LEGEND SINGLE STORY LIVING SECOND STORY LIVING ADU covered patio / deck ACCESSORY STRUCTURE POOL DATE cdp 2022-0008/ hmp 2022-0006 / cdp 2022-0010 As indicated A-1.2 2.27.2023 STRING LINE EXHIBIT MA R T I N R E S I D E N C E LO T 5 B U E N A V I S T A C I R C L E CA R L S B A D , C A AP N : 1 5 5 - 2 2 1 - 0 5 - 0 0 June 7, 2023 Item #1 Page 35 of 59 June 7, 2023 Item #1 Page 36 of 59 any combined wall and fence height not to exceed 42" in Fysb area June 7, 2023 Item #1 Page 37 of 59 June 7, 2023 Item #1 Page 38 of 59 June 7, 2023 Item #1 Page 39 of 59 W d DW DW R UP DN covered BEV BAR REF FRZ BATH PWDR OVEN COFFEEICE HIDDEN STORAGE DW SINK RANGE wine GRILL DISPLAY FIRE PLACE DISPLAY PIVOT DOOR BRIDGE ABV BRIDGE ABV DECK ABV WA L L A B V pool GARAGE MUD ROOM PANTRY KITCHENDININGLIVING ROOM game room BATH BEDROOM LIVING / DINING ENTRY 20' - 2 " 7' - 6" 30' - 0 " 3' - 0" roller shade roller shade roller shade ro l l e r s h a d e roller shade ro l l e r sh a d e ro l l e r sh a d e COVERED TV A B V AV E Q U I P A B V POOL BATH WET BARFISH TANK PA R K I N G S P O T 9' - 0" 18' - 0 " PA R K I N G S P O T 9' - 0 " 18' - 0 " ev ev charging capable 6' - 0" 7' - 1"16' - 0"2' - 1"29' - 9"0' - 8"20' - 11"3' - 0" 85' - 6" 23 ' - 7 " 7' - 5 " 26 ' - 2 " 10 ' - 1 " 30 ' - 6 " 97 ' - 1 0 " 17 ' - 8 " 7' - 5 " 14 ' - 1 " 15 ' - 7 " 4' - 1 1 " 3' - 1 0 " 2' - 1 1 " 66 ' - 5 " 5' - 1 1 " 2' - 4 " 0' - 8 " 25 ' - 0 " 27 ' - 3 " 1' - 1 1 " 13 ' - 4 " 1' - 1 0 " 2' - 1 " 42 ' - 0 " 5' - 3 " 3' - 2 " 11 ' - 0 " 2' - 1 1 " 6 5 . 0 0 ° 40' - 6 " 1' - 0 " 12' - 7"10' - 5"6' - 0" 3' - 0"16' - 9"36' - 8" 85' - 6" 17 ' - 1 " 8' - 4 " 25 ' - 5 " 97 ' - 1 0 " 6' - 0"17' - 6"5' - 6" 3' - 0"23' - 11"15' - 0"14' - 6" 11' - 0"5' - 6"56' - 5" 7' - 1 " MAIN LIVING STRINGLINE SETBACK roof abv covered DECK ABV BED #2 OPEN TO BELOW OPEN TO BELOW full ht storage DECK vanity bath #2 WARDROBE office/gym DECK DECK planter pl a n t e r pl a n t e r planter planter DECK shower bench storage master bed master cl. master bath OUTDOOR BATH cold plunge w/d linen skylight roller shade roller shade roller shade ro l l e r s h a d e ro l l e r s h a d e roller shade ro l l e r s h a d e mirror wall 10' - 0"13' - 1"3' - 0"21' - 4"2' - 8"23' - 1" 73' - 2" 14 ' - 3 " 10 ' - 1 0 " 7' - 3 " 21 ' - 2 " 4' - 0 " 1 ' - 1 0 " 6' - 4" 27 ' - 7 " 59 ' - 4 " 9' - 2 " 9' - 1 0 " 6' - 6 " 15 ' - 6 " 16 ' - 1 1 " 1' - 5 " 59 ' - 4 " 18' - 1"5' - 0" 3' - 0"24' - 0"3' - 0"18' - 1"2' - 1" 73' - 2" MAIN LIVING STRINGLINE SETBACK pl a n t e r ba l c o n e y pl a n t e r ba l c o n e y pl a n t e r 2' - 0" 3' - 0 " pl a n t e r a. no gas lines are provided and electrical wiring will not exceed 110 volts; b. any proposed refrigerator not to exceed six cubic feet in capacity or rough-in space for a refrigerator not to exceed six cubic feet in capacity, (the typical dimensions of which are: I. Depth of twenty-five inches II. Height of thirty-five inches iii. width of twenty-five inches c. waste line drain for the sink will not exceed 1½ inches in diameter, and a sink or rough-in space for a sink not to exceed a depth of 18 inches or an overall size of two square feet; and d. proposed cabinetry and/or counter space not to exceed eight lineal feet. CARLSBAD WET BAR LIMITATIONS DATE cdp 2022-0008/ hmp 2022-0006 / cdp 2022-0010 As indicated A-2.0 2.27.2023 FLOOR PLAN MA R T I N R E S I D E N C E LO T 5 B U E N A V I S T A C I R C L E CA R L S B A D , C A AP N : 1 5 5 - 2 2 1 - 0 5 - 0 0 1/8" = 1'-0"1 first floor 1/8" = 1'-0"2 second floor 0 16 24 328 GRAPHIC SCALE June 7, 2023 Item #1 Page 40 of 59 PROPOSED GRADE 45' - 3" 1st floor 45' - 11" 10' TP 56' - 0" 2nd floor 57' - 6" LVL 2 TP 67' - 7" max building height 69' - 3" ma x b u i l d i n g h t . 24 ' - 0 " 10 ' - 1 " 1' - 6 " 10 ' - 1 " 1' - 8 " 2' - 0 " existing grade 43' - 3" proposed max building height based on proposed grade due to site conditions planter deck barrier 42" high glass guardrail 1 3242 PROPOSED GRADE 45' - 3" 1st floor 45' - 11" 10' TP 56' - 0" 2nd floor 57' - 6" LVL 2 TP 67' - 7" max building height 69' - 3" ma x b u i l d i n g h t . 24 ' - 0 " 1' - 6 " 10 ' - 1 " 2' - 0 " existing grade 43' - 3" planter deck barrier 1 3242 ELEVATION KEYNOTES 1 7/8" smooth white stucco, santa barbara finish 2 black metal 3 ipe wood 4 DOOR AND WINDOW TRIM, WOOD CLAD (BLACK EXTERIOR), TYP. DATE cdp 2022-0008/ hmp 2022-0006 / cdp 2022-0010 1/4" = 1'-0" A-3.0 2.27.2023 ELEVATIONS MA R T I N R E S I D E N C E LO T 5 B U E N A V I S T A C I R C L E CA R L S B A D , C A AP N : 1 5 5 - 2 2 1 - 0 5 - 0 0 1/4" = 1'-0"1 South Elevation 1/4" = 1'-0"2 West Elevation 0 16 24 328 GRAPHIC SCALE June 7, 2023 Item #1 Page 41 of 59 PROPOSED GRADE 45' - 3" PROPOSED GRADE 45' - 3" 1st floor 45' - 11" 10' TP 56' - 0" 2nd floor 57' - 6" LVL 2 TP 67' - 7" 10 ' - 1 " 1' - 6 " 10 ' - 1 " MA X B U I L D I N G H E I G H T 24 ' - 0 " 2' - 0 " existing grade 43' - 3" planter deck barrier 1 2324 PROPOSED GRADE 45' - 3" 1st floor 45' - 11" 10' TP 56' - 0" 2nd floor 57' - 6" LVL 2 TP 67' - 7" max building height 69' - 3" 10 ' - 1 " 1' - 6 " 10 ' - 1 " ma x b u i l d i n g h t . 24 ' - 0 " 2' - 0 " existing grade 43' - 3" proposed max building height based on proposed grade due to site conditions 124 planter deck barrier 42" high glass guardrail 2 ELEVATION KEYNOTES 1 7/8" smooth white stucco, santa barbara finish 2 black metal 3 ipe wood 4 DOOR AND WINDOW TRIM, WOOD CLAD (BLACK EXTERIOR), TYP. DATE cdp 2022-0008/ hmp 2022-0006 / cdp 2022-0010 1/4" = 1'-0" A-3.1 2.27.2023 ELEVATIONS MA R T I N R E S I D E N C E LO T 5 B U E N A V I S T A C I R C L E CA R L S B A D , C A AP N : 1 5 5 - 2 2 1 - 0 5 - 0 0 1/4" = 1'-0"1 East Elevation 1/4" = 1'-0"4 North Elevation 0 16 24 328 GRAPHIC SCALE June 7, 2023 Item #1 Page 42 of 59 12' - 3" upper level roof lower level roof planter lower level roof lower level roof DECK 1/4"/ 12" 1/4"/ 12" ch i m n e y future solar upper level roof upper level roof upper level roof upper level roof lower level roof DECK DATE cdp 2022-0008/ hmp 2022-0006 / cdp 2022-0010 1/8" = 1'-0" A-4.0 2.27.2023 ROOF PLAN MA R T I N R E S I D E N C E LO T 5 B U E N A V I S T A C I R C L E CA R L S B A D , C A AP N : 1 5 5 - 2 2 1 - 0 5 - 0 0 1/8" = 1'-0"1 ROOF PLAN 0 16 24 328 GRAPHIC SCALE June 7, 2023 Item #1 Page 43 of 59 cdp 2022-0008/ hmp 2022-0006 / cdp 2022-0010 June 7, 2023 Item #1 Page 44 of 59 cdp 2022-0008/ hmp 2022-0006 / cdp 2022-0010 June 7, 2023 Item #1 Page 45 of 59 cdp 2022-0008/ hmp 2022-0006 / cdp 2022-0010 June 7, 2023 Item #1 Page 46 of 59 June 7, 2023 Item #1 Page 47 of 59 cdp 2022-0008/ hmp 2022-0006 / cdp 2022-0010 June 7, 2023 Item #1 Page 48 of 59 cdp 2022-0008/ hmp 2022-0006 / cdp 2022-0010 June 7, 2023 Item #1 Page 49 of 59 cdp 2022-0008/ hmp 2022-0006 / cdp 2022-0010 June 7, 2023 Item #1 Page 50 of 59 cdp 2022-0008/ hmp 2022-0006 / cdp 2022-0010 June 7, 2023 Item #1 Page 51 of 59 cdp 2022-0008/ hmp 2022-0006 / cdp 2022-0010 June 7, 2023 Item #1 Page 52 of 59 cdp 2022-0008/ hmp 2022-0006 / cdp 2022-0010 June 7, 2023 Item #1 Page 53 of 59 cdp 2022-0008/ hmp 2022-0006 / cdp 2022-0010 June 7, 2023 Item #1 Page 54 of 59 cdp 2022-0008/ hmp 2022-0006 / cdp 2022-0010 June 7, 2023 Item #1 Page 55 of 59 LOT 5 BUENA VISTA GARDENS MAP 2492 48"TD 40"TD 18"TD 18"TD 18"TD 18"TD 12"TD16"TD SW X XXXXXXXX XXX XX XX XX OE OE RF = 56 . 2 RF = 57 . 1 RF = 53.2RF = 53.9 VEGE VEGE CO N C 44 44 4 4 44 44 44 44 43 43 4 3 43 43 43 43 43 43 42 42 42 42 42 41 41 41 40 40 40 39 39 39 38 38 38 37 37 37 36 36 36 35 35 35 34 34 34 33 33 33 32 32 32 31 31 31 30 30 30 29 29 29 28 28 28 27 27 27 26 26 26 25 25 25 24 24 24 23 23 23 22 22 22 21 21 21 20 20 20 19 19 19 18 18 18 17 17 17 16 16 16 15 15 15 14 14 14 13 13 13 12 12 12 11 11 11 10 10 10 10 10 9 9 9 9 9 9 8 8 8 8 8 8 8 8 8 8 8 7 AS P H X X X X X X XX X X X X X X S S S S S S S S S S S W W W W W W W W W OE OE OE OE OE OE OE OE OE OEOEOEOEOEOEOEOEOE S S /// /// /// /// /// /// W MARTIN RESIDENCE ADU POOL GARAGE BU E N A V I S T A C I R C L E N 5 6 ° 0 2 ' 2 0 " E 1 1 4 . 8 2 ' LOT 4 BUENA VISTA GARDENS MAP 2492 LOT 6 BUENA VISTA GARDENS MAP 2492 APN: 155-221-06-00 APN: 155-221-04-00 BU E N A V I S T A L A G O O N ( E S A ) RO W RO W 100 FT WETLAND BUFFER SETBACK SPA WETLAND LIMIT N O R T H SCALE: 1"=20' 25' PUBLIC ACCESS LIMIT PROPERTY LINE TIE IN @ IRRIGATION MAINLINE, SEE LANDSCAPE PLAN SHEET LI-101 APPROX. LOCATION OF LANDSCAPE MAINLINE, SEE LANDSCAPE PLAN SHEET LI-101 FMZ B-3 FMZ B-2 FMZ B-1 PLAN VIEW - WETLAND BUFFER IRRIGATION SCALE: 1" = 20' HORIZONTAL MARTIN RESIDENCE APN 155-221-05-00, LOT 5 BUENA VISTA CIRCLE CARLSBAD, CA 92008 WETLAND BUFFER RESTORATION LANDSCAPE PLAN IRRIGATION PLAN, LEGEND & NOTES IR-01 1 June 7, 2023 Item #1 Page 56 of 59 _matchprop MARTIN RESIDENCE APN 155-221-05-00, LOT 5 BUENA VISTA CIRCLE CARLSBAD, CA 92008 WETLAND BUFFER RESTORATION LANDSCAPE PLAN NOTES IR-02 2 June 7, 2023 Item #1 Page 57 of 59 LOT 5 BUENA VISTA GARDENS MAP 2492 48"TD 40"TD 18"TD 18"TD 18"TD 18"TD 12"TD16"TD SW X XXXXXXXX XXX XX XX XX OE OE RF = 56 . 2 RF = 57 . 1 RF = 53.2RF = 53.9 VEGE VEGE CO N C 44 44 4 4 44 44 44 44 43 43 4 3 43 43 43 43 43 43 42 42 42 42 42 41 41 41 40 40 40 39 39 39 38 38 38 37 37 37 36 36 36 35 35 35 34 34 34 33 33 33 32 32 32 31 31 31 30 30 30 29 29 29 28 28 28 27 27 27 26 26 26 25 25 25 24 24 24 23 23 23 22 22 22 21 21 21 20 20 20 19 19 19 18 18 18 17 17 17 16 16 16 15 15 15 14 14 14 13 13 13 12 12 12 11 11 11 10 10 10 10 10 9 9 9 9 9 9 8 8 8 8 8 8 8 8 8 8 8 7 AS P H X X X X X X XX X X X X X X S S S S S S S S S S S W W W W W W W W W OE OE OE OE OE OE OE OE OE OEOEOEOEOEOEOEOEOE S S /// /// /// /// /// /// W MARTIN RESIDENCE ADU POOL GARAGE BU E N A V I S T A C I R C L E N 5 6 ° 0 2 ' 2 0 " E 1 1 4 . 8 2 ' N 64°00'37" W 276.98' N 64°01'09" W 266.00' LOT 4 BUENA VISTA GARDENS MAP 2492 LOT 6 BUENA VISTA GARDENS MAP 2492 APN: 155-221-06-00 APN: 155-221-04-00 BU E N A V I S T A L A G O O N RO W RO W 100 FT WETLAND BUFFER SETBACK SPA WETLAND LIMIT N O R T H SCALE: 1"=20' E E E E E EE EE E EE EEE E EE E EE EEE E E A A A A A A A A A A A A A A AAA S S S S S S S S S S S S S S S S S S B B B B B B B B B B B B B B B B I I I I I I I II I I I II I B E I I B B B S S S S S BB B V V V V B V 25' PUBLIC ACCESS LIMIT A E B I S E V PROPERTY LINE 25' V E FMZ B-3 FMZ B-2 FMZ B-1 FMZ B-3 FMZ B2 PLAN VIEW - WETLAND BUFFER RESTORATION SCALE: 1" = 20' HORIZONTAL MARTIN RESIDENCE APN 155-221-05-00, LOT 5 BUENA VISTA CIRCLE CARLSBAD, CA 92008 WETLAND BUFFER RESTORATION LANDSCAPE PLAN PLANTING & SEEDING PLAN, LEGEND & DETAIL PL-01 June 7, 2023 Item #1 Page 58 of 59 MARTIN RESIDENCE APN 155-221-05-00, LOT 5 BUENA VISTA CIRCLE CARLSBAD, CA 92008 WETLAND BUFFER RESTORATION LANDSCAPE PLAN NOTES PL-02 June 7, 2023 Item #1 Page 59 of 59 Martin Residence Jason Goff, Senior Planner Community Development June 7, 2023 CDP 2022-0008 / HMP 2022-0006 1 Project Location 2 •0.612-acre lot •Previously graded pad •Coastal Zone 2 3 General Plan Land Use Zoning Designation (R-4, Residential)(R-1-10,000) Project Features 6,108 square feet 788 sf attached ADU 21.8% building coverage 24-foot building height 2-car garage Martin Residence 44 6 Required Permits Martin Residence 77 •Coastal Development Permit, CDP 2022-0008 •Habitat Management Plan Permit, HMP 2022-0006 CEQA Determination Martin Residence 88 •Mar. 27, 2023 -City Planner issues determination of exemption pursuant to CEQA Guidelines Section 15332 –In-Fill Development Project. •Mar. 27, 2023 -CEQA Determination is posted for 10-day noticing period. •No appeal was filed. Project Consistency •General Plan (R-4, Residential, 0-4 du/ac) •Zoning Ordinance (R-1, One-Family Residential) •Local Coastal Program (Mello II Segment) •California Environmental Quality Act (CEQA) Martin Residence 9 Recommended Action Adopt the resolution, exhibit 1, approving Coastal Development Permit, CDP2022-0008, and Habitat Management Plan Permit, HMP2022-0006, based upon the findings and subject to the conditions contained therein. Martin Residence 10 BACKUP SLIDES 11 Martin Residence