HomeMy WebLinkAbout2023-12-06; Planning Commission; Resolution 7502PLANNING COMMISSION RESOLUTION NO. 7502
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT
PERMIT FOR THE DEMOLITION OF AN EXISTING RESIDENCE AND
THE CONSTRUCTION OF A NEW 2,603-SQUARE-FOOT SINGLE
FAMILY HOME WITHIN THE MELLO II SEGMENT OF THE CITY'S
LOCAL COASTAL PROGRAM LOCATED AT 4874 PARK DRIVE WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME:
CASE NO:
4874 PARK DRIVE (RESIDENCE)
CDP 2021-0062
WHEREAS, Stefanie Yerkes, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by Jesus Monzon, "Owner," described as
LOT 109 OF LAGUNA RIVIERA UNIT NO. 4, IN THE CITY OF CARLSABD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6529, FILED IN THE OFFICE
OF THE RECORDER OF SAN DIEGO COUNTY ON OCT. 30, 1969, EXCEPTING THEREFROM ALL OIL,
GAS AND OTHER HYDROCARBONS LYING 500 FEET BELOW THE SURFACE OF THE LAND BUT
WITHOUT THE RIGHT OF SURFACE ENTRY AS SET OUT IN DEED TO CARLSBAD BAY PROPERTIES,
LTD., A LIMITED PARTNERSHIP, RECORDD JUNE 10, 1968, AS FILE NO. 96383 ("the Property");
and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibit(s) "A" -"P" dated Aug. 3, 2023, attached hereto and on file in the
Carlsbad Planning Division, CDP 2021-0062, 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 section 15303{a) -New construction
of small 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. 27, 2023, the city distributed a notice of intended decision to adopt
the "New construction" exemption. The notice was circulated for a 10-day period, which began
on Oct. 27, 2023 and ended on Nov. 6, 2023. The city did not receive any comment letters on
the CEQA findings and determination and that decision is final; and
WHEREAS, the Planning Commission did, on Dec. 6, 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 CDP 2021-0062, based on the following findings and subject to the
following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the requested development is properly related
to the site, surroundings, and environmental settings, will not be detrimental to existing
development or uses or to development or uses specifically permitted in the area in
which the proposed development or use is to be located, and will not adversely impact
the site, surroundings, or traffic circulation. The development is consistent with the LCP
Mello II policies, R-4 land use designation, and the R-1-8,000 Zone designation. No
agricultural activities, sensitive resources, geological instability, flood hazard or coastal
access opportunities exist onsite. Given that the project is located in a residential
neighborhood where the majority of dwellings are one-and two-stories, the
construction of a one-story residence, measuring 15 feet and 6 inches in height, 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 nor
are public recreation areas required of the project; therefore, it will not interfere with
the public's right to physical access or water-oriented recreational activities.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's
Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual
and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff,
pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject
property and the site is not located in an area prone to landslides, or susceptible to
accelerated erosion, floods, or liquefaction.
4. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all city public policies and ordinances. The
project includes elements or has been conditioned to construct or provide funding to
ensure that all facilities and improvements regarding sewer collection and treatment;
water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries;
government administrative facilities; and open space, related to the project will be
installed to serve new development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
5. The Planning Commission expressly declares that it would not have approved this Coastal
Development Permit application to use the Property for completing and implementing
the project, except upon and subject to each and all of the conditions hereinafter set,
each and all of which shall run with the land and be binding upon the Developer and all
persons who use the Property for the use permitted hereby. For the purposes of the
conditions, the term "Developer" shall also include the project proponent, owner,
permittee, applicant, and any successor thereof in interest, as may be applicable. If the
Developer fails to file a timely and valid appeal of this Coastal Development Permit within
the applicable appeal period, such inaction by the Developer shall be deemed to
constitute all of the following on behalf of the Developer:
a. Acceptance of the Coastal Development Permit by the Developer; and
b. Agreement by the Developer to be bound by, to comply with, and to do all things
required of or by the Developer pursuant to all of the terms, provisions, and
conditions of this Coastal Development Permit or other approval and the
provisions of the Carlsbad Municipal Code applicable to such permit.
Conditions:
General
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance
of grading or building permits, whichever occurs first.
1. Approval is granted for CDP 2021-0062 as shown on Exhibits "A" -"P," dated Aug. 3, 2023
on file in the Planning Division and incorporated herein by reference. Development shall
occur substantially as shown unless otherwise noted in these conditions.
2. The information contained in the application and all attached materials are assumed to
be correct, true, and complete. The Planning Commission is relying on the accuracy of
this information and project-related representations in order to process and approve this
Coastal Development Permit application. This permit may be rescinded if it is determined
that the information and materials submitted are not true and correct. The Developer
may be liable for any costs associated with rescission of such permits.
3. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the city shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on
the property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the city's approval of this Coastal Development Permit.
4. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
5. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
6. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
7. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the city arising, directly or
indirectly, from (a) city's approval and issuance of this Coastal Development Permit, (b)
city's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the facility
of electromagnetic fields or other energy waves or emissions. This obligation survives
until all legal proceedings have been concluded and continues even if the city's approval
is not validated.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
10. This approval shall become null and void if building permits are not issued for this project
within 24 months from the date of project approval.
11. Prior to the issuance of the grading or building permit, whichever occurs first, 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 Costal Development Permit by Resolution
on the property. Said Notice of Restriction shall note the property description, location
ofthe file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The City
Planner has the authority to execute and record an amendment to the notice which
modifies or terminates said notice upon a showing of good cause by the Developer or
successor in interest.
12. The appropriate user development fees and Citywide Facility fees shall be paid in
accordance with the prevailing fee schedule in effect at the time of building permit
issuance, to the satisfaction of the Director of Community Development. Through plan
check processing, the Developer shall pay development fees at the established rate. Such
fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer
Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park
Mitigation Fees, Fire Mitigation/Cost Recovery Fees, and other fees listed in the Fee
Schedule, which may be amended after the date of this permit's approval. Arrangements
to pay these fees shall be made prior to building permit issuance to the satisfaction of the
Community Development Department.
13. Building permits will not be issued for this project unless the local agency providing water
and sewer services to the project provides written certification to the city that adequate
water service and sewer facilities, respectively, are available to the project at the time of
the application for the building permit, and that water and sewer capacity and facilities
will continue to be available until the time of occupancy.
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
14. 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.
15. 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.
Fees/ Agreements
16. 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.
17. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
Grading
18. Based upon a review of the proposed grading and the grading quantities shown on the
site plan, a grading permit for this project is required. Developer shall prepare and submit
plans and technical studies/reports as required by city engineer, post security and pay all
applicable grading plan review and permit fees per the city's latest fee schedule.
Storm Water Quality
19. 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.
20. 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.
21. 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
22. 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.
23. Developer shall design all proposed public improvements including but not limited to
(driveways, sidewalk, water backflow, curb drains, etc.) as shown on the site plan. These
improvements shall be shown on grading plans processed in conjunction with this project.
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.
24. 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
25. Developer shall meet with the fire marshal to determine if fire protection measures (fire
flows, fire hydrant locations, building sprinklers) are required to serve the project.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150,
the appeal must be in writing and state the reason(s) for the appeal. The City Council must make
a determination on the appeal prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow
that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul
their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES
NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning,
grading, or other similar application processing or service fees in connection with this project;
NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE
similar to this, or as to which the statute of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on Dec. 6, 2023, by the following vote, to wit:
AYES: Meenes, Stine, Sabellico, Merz
NAYES:
ABSENT: Hubinger, Kamenjarin, Lafferty
ABSTAIN:
PETER?.~a~
CARLSBAD PLANNING COMMISSION
ATTEST:
ERIC LARDY
City Planner