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HomeMy WebLinkAbout2024-05-01; Planning Commission; Resolution 7510PLANNING COMMISSION RESOLUTION NO. 7510 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AND MINOR VARIANCE TO ALLOW FOR THE DEMOLITION OF A PORTION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCTION OF A NEW 2,968-SQUARE-FOOT, THREE-STORY SINGLE-FAMILY RESIDENCE WITH AN ATTACHED TWO-CAR GARAGE AND A FRONT YARD SETBACK REDUCTION OF TEN FEET AND A REAR YARD SETBACK REDUCTION OF FIVE FEET, WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM LOCATED AT 260 NORMANDY LANE WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: NORMANDY BEACH HOME (LOT 38) CASE NO: CDP 2023-0052/V 2023-0009 (DEV2023-0135) WHEREAS, Rincon Homes, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by 260 Normandy LLC, "Owner," described as LOT 38 IN GRANVILLE PARK, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.1782, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, FE. 21, 1924. ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibit(s) "A" -"J" dated May 1, 2024, attached hereto and on file in the Carlsbad Planning Division, "CDP 2023-0052/V 2023-0009 (DEV2023-0135) -NORMANDY BEACH HOME (LOT 38)" as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the Planning Division studied the Coastal Development Permit and Minor Variance 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) -New Construction or Conversion of Small. This exception is for the construction of a single-family residence with an attached two-car garage. The project will not have a significant effect on the environment and all of the requirements of CEQA have been met; and WHEREAS, on Feb. 20, 2024, 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 Feb . 20, 2024, and ended on March 1, 2024. 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 March 1, 2024; and WHEREAS, the Planning Commission did, on May 1, 2024, 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 Planning Commission APPROVES "CDP 2023-0052/V 2023-0009 (DEV2023-0135) -NORMANDY BEACH HOME (LOT 38)," 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 one-story single-family residence to construct a new three-story single-family residence with an attached garage. The development is consistent with the LCP Mello II R-15 land use designation. No agricultural activities, sensitive resources, geological instability, flood hazard or coastal access opportunities exist onsite. Given that the project site is located in a residential neighborhood where the majority of dwellings are a mixture of older one-and two-story single-family and multi-family residences and newer two- and three-story single-family residences, 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 are 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. Minor Variance 4. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification in that the subject lot is considered substandard at 2,511 square feet, which is 67 percent smaller than the 7,500-square-foot minimum lot size for the R-3 zone. The lot was legally created approximately 100 years ago (Feb. 21, 1924) and is one of the smallest residential lots within the subdivision and surrounding area. The strict application of the zoning ordinance requiring residential buildings to be 20 feet from the front and 10 feet from the rear property lines physically constrains or constricts development onsite from satisfying current development standards. Additionally, the configuration of the legal, substandard lot is considered shallow (50 feet) when a typical lot in the R-3 zone is approximately 125 feet in depth, furthering the deprivation of future development. Furthermore, without approval of the minor variance, the applicant'could not achieve a similar building footprint and square footage enjoyed by other properties located within the subdivision and surrounding neighborhood. 5. That the minor variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding in that the surrounding neighborhood consists of substandard lot sizes and developed properties that generally do not meet the current R-3 development standards. Most of the surrounding lots have been developed in a way that does not meet at least one of the current required development standards of the R-3 zone. Deviations on other lots include front yard, rear yard, and side yard setback reductions and reduced off-street covered parking requirements. Many other properties in the neighborhood were originally built with reduced front, side, and rear yard setbacks. Minor variances for setback reductions have been granted to other properties in the same zone and vicinity. Therefore, the minor variance is not considered a grant of special privilege. Overall, the proposed front yard setback reduction to 10 feet and rear yard setback reduction to five feet is similar to other nearby properties within the neighborhood. 6. That the minor variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property in that the granting of a minor variance to reduce the required front yard setback from 20 feet to 10 feet and the rear yard setback from 10 feet to five feet does not authorize a use which is not otherwise expressly permitted by the zoning regulations. A one-family dwelling is allowed by right within the Multiple-Family Residential (R-3) zone. Therefore, a deviation from the setback standards does not authorize a use or activity which is not authorized by the zone. 7. That the minor variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans in that the project consists of a new single-family home with an attached two-car garage. The proposed use is expressly authorized by the Zoning Ordinance and General Plan regulations governing the subject property. The granting of a minor variance for front yard and rear yard setbacks to allow for the construction of a new home is consistent with the general purpose and intent of the General Plan for the R-15 Residential Land Use-designation. 8. The minor variance is consistent with the general purpose and intent of the certified local coastal program and does not reduce or in any manner adversely affect the requirements for protection of coastal resources in that the project consists of the construction of a new 2,968-square-foot single-family residence with an attached two-car car garage in an area designated for residential development. The proposed three-story, single-family residence is compatible with the surrounding development of a mixture of older one-and two-story single-family and multi- family residences and newer two-and three-story single-family residences. The three-story residence will not obstruct views of the coastline as seen from public lands or the public right- of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses or sensitive resources currently exist on this previously graded and developed site. The proposed single-family residence is not located in an area of known geologic instability or flood hazard. Given that the site does not have frontage along the coastline, no public opportunities for coastal shoreline access or water-oriented recreational activities are available from the subject site. Furthermore, the subject property is a previously developed parcel that does not include steep slopes (equal to or greater than 25% gradient), native vegetation, nor is it located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. Therefore, the granting of such minor variance to construct a single-family residence will not adversely affect the Local Coastal Program. General 9. 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-15 Residential, and under Land Use Element Policy 2-P.7, one single-family dwelling is permitted to be constructed on a legal lot that existed as of October 28, 2004. The subject lot was legally created on Feb. 21, 1924. Therefore, the existing single-family residence is consistent with the Elements of the city's General Plan. 10. 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. 11. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance {Carlsbad Municipal Code Chapter 18.50). 12. The Planning Commission expressly declares that it would not have approved this Coastal Development Permit and Minor Variance 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 and Minor Variance 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 and Minor Variance 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 and Minor Variance or other approval and the provisions of the Carlsbad Municipal Code applicable to such permit. 13. 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. 1. Approval is granted for CDP 2023-0052/V 2023-0009 -NORMANDY BEACH HOME (LOT 38} as shown on Exhibits "A" -"J", dated May 1, 2024, 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 Minor Variance. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit and Minor Variance 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 and Minor Variance, (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, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan, 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 and Minor Variance 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. At issuance of building permit, the Developer shall pay to the city an inclusionary housing impact fee in the amount in effect at the time, as established by City Council Resolution from time to time. 14. Consistent with requirements of CMC 21.44.060, Table E, paving in the front yard shall not exceed 30% of the front yard area, or 24 feet in width, whichever is greater. The remaining area shall be landscaped. 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 permit. 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. Fees/ Agreements 18. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the city on a city standard form for the future public improvement of Normandy Lane along the property frontage for a half street width of ten 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, streetlights, pedestrian ramps. 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 SWPPP 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, arid building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. Dedications/Improvements 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 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 18.40.040 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. Install potable water service and meter in Normandy Lane. B. Install sewer lateral in Normandy Lane. C. AC paving. D. Trench resurfacing. E. Grind and overlay. 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. 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 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. 26. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 27. 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. 28. 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. 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 ofthe 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.