HomeMy WebLinkAbout2023-11-15; Planning Commission; Resolution 7501PLANNING COMMISSION RESOLUTION NO. 7501
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT
PERMIT TO ALLOW FOR THE DEMOLITION OF AN EXISTING
RESIDENTIAL DUPLEX AND CONSTRUCTION OF A NEW 4,284
SQUARE-FOOT, THREE-STORY SINGLE-FAMILY RESIDENCE WITH A
571-SQUARE-FOOT ATTACHED TWO-CAR GARAGE, WITHIN THE
MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM
LOCATED AT 3950 GARFIELD STREET WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME:
CASE NO:
LABOUNTY RESIDENCE -3950
CDP 2022-0067 (DEV2022-0220)
WHEREAS, Allan Teta, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by Paul and Judith Labounty, "Owners," described as
Lot 6, Block "L", as shown on that certain map entitled Palisades,
which map was filed in the office of the recorder of the County of
San Diego, State of California, according to map No. 1747, filed on
Feb. 5, 1923.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibit(s) "A" -"O" dated Nov. 15, 2023, attached hereto and on file in the
Carlsbad Planning Division, "CDP 2022-0067 (DEV2022-0220) -LABOUNTY RESIDENCE -3950"
as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Division studied the Coastal Development Permit application and
performed the necessary investigations to determine if the project qualified for an exemption
from further environmental review under the California Environmental Quality Act, (CEQA, Public
Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA
Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq. After
consideration of all evidence presented, and studies and investigations made by the city planner
and on its behalf, the city planner determined that the project was exempt from further
environmental review pursuant to State CEQA Guidelines sections 15303(a) and (e) -New
Construction or Conversion of Small Structures. This exception is for the construction of a single-
family residence and accessory structures. The project will not have a significant effect on the
environment and all of the requirements of CEQA have been met; and
WHEREAS, on Oct. 4, 2023, the city distributed a notice of intended decision to adopt the
"New Construction or Conversion of Small Structures" exemption. The notice was circulated for
a 10-day period, which began on Oct. 4, 2023 and ended on Oct. 14, 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 Oct. 14, 2023; and
WHEREAS, the Planning Commission did, on Nov. 15, 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 all persons desiring to be heard, said Commission considered all factors
relating to the Coastal Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES CDP 2022-0067 (DEV2022-0220) -LABOUNTY RESIDENCE -3950,
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 site is designated for residential
development, and the project proposes the demolition of an existing two-story
residential duplex to construct a new three-story single-family residence with an
attached garage and a detached accessory dwelling unit (under a separate coastal
development permit). The development is consistent with the LCP Mello II R-23 land
use designation. No agricultural activities, sensitive resources, geological instability,
flood hazard or coastal access opportunities exist onsite. Given that the project is
located in a residential neighborhood where the majority of dwellings are one-and two-
stories with an occasional three-story structure, the construction of a new three-story
single-family residence will not obstruct views of the coastline as seen from public lands
or public right-of-way, nor otherwise damage the visual beauty of the Coastal Zone.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the property is not located adjacent to the coastal shore;
therefore, it will not interfere with the public's right to physical access or water-
oriented recreational activities.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's
Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual
and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban
runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on
the subject property and the site is not located in an area prone to landslides, or
susceptible to accelerated erosion, floods, or liquefaction.
General
4. 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-23 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. The subject lot was legally created on Feb. 5, 1923. Therefore, the
existing single-family residence is consistent with the Elements of the city's General
Plan.
5. 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.
6. That the project is consistent with the city's Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50}.
7. The Planning Commission expressly declares that it would not have approved this Coastal
Development Permit application to use the Property for completing and implementing
the project, except upon and subject to each and all of the conditions hereinafter set,
each and all of which shall run with the land and be binding upon the Developer and all
persons who use the Property for the use permitted hereby. For the purposes of the
conditions, the term "Developer" shall also include the project proponent, owner,
permittee, applicant, and any successor thereof in interest, as may be applicable. If the
Developer fails to file a timely and valid appeal of this Coastal Development Permit within
the applicable appeal period, such inaction by the Developer shall be deemed to
constitute all of the following on behalf of the Developer:
a. Acceptance of the Coastal Development Permit by the Developer; and
b. Agreement by the Developer to be bound by, to comply with, and to do all things
required of or by the Developer pursuant to all of the terms, provisions, and
conditions of this Coastal Development Permit or other approval and the provisions
of the Carlsbad Municipal Code applicable to such permit.
8. 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:
General
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit or grading permit, whichever occurs first.
1. Approval is granted for CDP 2022-0067 (DEV2022-0220} -LABOUNTY RESIDENCE -3950
as shown on Exhibits "A" -"O", dated Nov. 15, 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.
3. 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.
4. Developer shall comply with all applicable provisions 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 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, (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.
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 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 the subject Resolution 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. 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.
13. The project is subject to the Prescriptive Compliance Option (PCO) of the City of Carlsbad's
Landscape Manual. Developer shall construct and install all landscaping and irrigation as
shown on the PCO plan approved as part of this project and on file in the Planning
Division. Prior to issuance of a building permit, Developer shall submit an application
pursuant to the landscape plan check process on file in the Planning Division; however,
no landscape plans are required, and Developer shall only be responsible to pay the
landscape inspection fee, with said application. The approved PCO plan will be utilized by
the city as part of the project's final inspection process.
14. Prior to issuance of building demolition permit for the existing duplex, building
permit(s) shall be issued for the proposed single-family home and accessory dwelling
unit (ADU). The Accessory Dwelling Unit shall be built and obtain final occupancy
concurrently with the single-family residence. The purpose of this condition is to ensure
compliance with the "no net loss" provision of the Housing Crisis Act (Government Code
Section 66300).
Engineering Conditions
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed development, must be met prior to approval of a building or
grading permit, whichever occurs first.
General
15. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, developer shall apply for and obtain approval from, the city engineer
for the proposed haul route.
16. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the district engineer has
determined that adequate water and sewer facilities are available at the time of permit
issuance and will continue to be available until time of occupancy.
17. Developer shall include rain gutters on the building plans subject to the city engineer's
review and approval. Developer shall install rain gutters in accordance with said plans.
18. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this
condition.
19. Property owner shall maintain all landscaping (street trees, tree grates, shrubs,
groundcover, etc.) and irrigation along the parkway frontage with Garfield Street as
shown on the Site Plan.
Fees/ Agreements
20. 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.
21. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
22. Developer shall cause owner to execute, for recordation, a city standard Local
Improvement District Agreement to pay fair share contributions for undergrounding of
all existing overhead utilities and installation of street lights, as needed, along the
subdivision frontage, should a future district be formed.
Grading
23. 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.
24. 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.
Storm Water Quality
25. 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.
26. 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 SW PPP
plan review and inspection fees per the city's latest fee schedule.
27. Developer shall complete the City of Carlsbad Standard Stormwater Requirement
Checklist Form. Developer is responsible to ensure that all final design plans, grading
plans, and building plans incorporate applicable best management practices (BMPs).
These BMPs include site design, source control and Low Impact Design (LID) measures
including, but not limited to, minimizing the use of impervious area (paving), routing run-
off from impervious area to pervious/landscape areas, preventing illicit discharges into
the storm drain and adding storm drain stenciling or sign age all to the satisfaction of the
city engineer.
Dedications/Improvements
28. 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" 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.
29 . 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.
30. 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 C.M.C. 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. Widen street pavement and install curb, gutter and sidewalk.
B. Install driveway approach.
C. Install transitional asphalt concrete berm and pavement.
D. Remove existing water service and replace with new 1 inch service,
meter and backflow.
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.
31. Developer is responsible to ensure utility transformers or raised water backflow
preventers that serve this development are located outside the right-of-way as shown
on the Site Plan and to the satisfaction of the city engineer. These facilities shall be
constructed within the property.
Utilities
32. Developer shall install potable water and/or recycled water services and meters at
locations approved by the district engineer. The locations of said services shall be
reflected on public improvement plans.
33. The developer shall agree to install sewer laterals and clean-outs at locations approved
by the city engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
34. 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.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited
to the following:
35. Developer shall pay planned local area drainage fees in accordance with Section
15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer.
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.
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 Nov. 15, 2023, by the following vote, to wit:
AYES: Merz, Hubinger, Kamenjarin, Lafferty, Meenes, Sabellico, Stine.
NAYES:
ABSENT:
ABSTAIN:
PETER MERZ, Chair
CARLSBAD PLANNING COMMISSION
ATTEST:
ERIC LARDY
City Planner