HomeMy WebLinkAbout2015-01-21; Planning Commission; Resolution 7082
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
TO ALLOW FOR THE CONSTRUCTION OF A 3,015 SQUARE FOOT SINGLE-
FAMILY RESIDENCE WITHIN THE MELLO II SEGMENT OF THE CITY’S
COASTAL ZONE ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE
OF JEFFERSON STREET, ADJACENT TO THE INTERSTATE 5 FREEWAY AND
WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: HIRSCHKOFF RESIDENCE
CASE NO: CDP 14-13
WHEREAS, Joel Hirschkoff, “Owner/Developer,” has filed a verified application with the
City of Carlsbad regarding property described as
Portion of Tract 2 of Laguna Mesa Tracts, in the City of Carlsbad, County
of San Diego, State of California, according to Map Thereof No. 1719,
lying westerly and northerly of the center line of the 60 foot road
conveyed by W.T. Hart, ET UX, to County of San Diego, by deed recorded
on Feb. 5, 1941 in Book 1135, Page 75 of Official Records, in the Office
of the County Recorder of San Diego County, said road being shown on
the map of road survey No. 843
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibits “A” – “K” dated January 21, 2015, attached hereto and on file in the Carlsbad
Planning Division, HIRSCHKOFF RESIDENCE – CDP 14-13, as provided in Chapter 21.81.040 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on January 21, 2015, 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 14-13 – HIRSCHKOFF RESIDENCE based on the following findings and subject to the
following conditions:
PLANNING COMMISSION RESOLUTION NO. 7082
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Findings:
1. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the project consists of the construction of a new 3,015 square foot
single family residence with two attached one-car garages in an area designated for residential
development. The proposed three story, single-family residence is compatible with the
surrounding development of one and two-story single-family structures. 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
currently exist on the previously graded site, nor are there any sensitive resources located on
the developable portion of the site. The proposed single-family residence is not located in an
area of known geologic instability or flood hazard. Since the site does not have frontage along
the coastline, no public opportunities for coastal shoreline access are available from the subject
site. Furthermore, the residentially designated site is not suited for water-oriented recreation
activities.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that a dirt road which is closed to vehicular traffic and is City of Carlsbad right-of-
way is located adjacent to and north of the property. The project site is not located adjacent to
the Buena Vista Lagoon and is not required to provide lateral access. Furthermore, the steep
slopes of greater than 40% are not suitable for a public access trail.
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, Standard Urban Storm Water
Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to
avoid increased urban runoff, pollutants, and soil erosion. Slopes equal to or greater than 25%
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
subject property contains “dual criteria” slopes, however, there will be no development on
those slopes. A 100 foot setback from wetlands and the Buena Vista Lagoon has been provided
to buffer sensitive habitat from intrusion. The project is encroaching into natural 25% or greater
slopes without native vegetation. Pursuant to Section 21.203.040(A)(3), development of such
slopes is permitted in that A) a geotechnical review prepared by Engineering Design Group,
dated June 19, 2013, found that the subject slope area is stable and will remain so for at least
75 years, or the life of the structure; B) the development intent of this property is to utilize its
location and take advantage of its views towards the Buena Vista Lagoon and Pacific Ocean. By
restricting development to areas with slope gradients of less than 25%, it leaves little
developable land in relation to the size of the property. Therefore it is essential to build upon
portions of the steep slope in order to have a house that is comparable in size to those in nearby
lots and to have a usable rear yard; C) According to a habitat assessment prepared by Brian F.
Smith and Associates on June 11, 2014, the area of slope disturbance contains disturbed land
and would therefore not damage or alter major wildlife habitat or native vegetation areas; D)
The area of slope disturbance is 818 square feet, which is less than one-third of the total steep
slope area; E) According to a habitat assessment prepared by Brian F. Smith and Associates on
June 11, 2014, the area of slope disturbance does not contain any wildlife corridors; and F) The
slope that is within the property is a north facing slope. All environmental impacts have been
mitigated as outlined within the Mitigated Negative Declaration associated with this project.
. . .
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4. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.204 of the Zoning Ordinance) in that A) a dirt road which is closed to vehicular traffic
and is City of Carlsbad right-of-way is located adjacent to and north of the property. Therefore
the project site is not located adjacent to the Buena Vista Lagoon and is not required to provide
lateral access. Furthermore, the steep slopes of greater than 40% are not suitable for a public
access trail; B) A geotechnical analysis for the project was prepared by Engineering Design
Group on June 13, 2013. The analysis concluded that the proposed development will have no
adverse effect on the stability of the coastal bluff and that the site is suitable for the proposed
development; C) The proposed residential structure has been designed with attractive
architectural features such as stucco, stone veneer and faux wood plank siding, which are
compatible with the surrounding development and natural environment; D) The project design
is consistent with the other adjacent buildings along Jefferson Street and the proposed
structure complies with applicable side yard setback requirements, which will, to the extent
feasible, continue to preserve existing ocean views from the street; E) The proposed single-
family residence has been designed to step-down the proposed terraced pad, consistent with
this requirement; F) The site will require grading to accommodate the proposed residence. A
grading permit will be required for the construction of this project. The grading has been
planned so as to limit the impact on the slope; and G) The project adheres to all coastal
“stringline” setback requirements. The project consists of the construction of a single-family
residence and patio. The proposed home will adhere to the stringline setback requirement for
both the residential structure and patio/decks.
5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all city public facility 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.
c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
6. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city’s General Plan based on the facts set forth in the staff report dated
January 21, 2015 including, but not limited to the following: The subject property is designated
Residential Medium High (RMH). The RMH Land Use designation allows for the development
of residential units within a density range of 8 to 15 dwelling units per acre (du/ac) and at a
Growth Management Control Point (GMCP) of 11.5. The project site has a net area of .19 acres
and at the 11.5 GMCP, 2.18 dwelling units are allowed. The project’s density is below the density
range set for the subject property, however, one single-family dwelling unit is permitted
pursuant to the following General Plan Land Use provision: “Notwithstanding the density
provisions and intent of each residential land use designation, a one-family dwelling shall be
permitted on any legal lot that existed as of October 28, 2004.” The subject lot was legally
created prior to October 28, 2004; therefore, development of a one-family dwelling is consistent
with the RMH General Plan Land Use designation.
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7. 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 grading or
building permit, whichever occurs first.
1. 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.
2. 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. 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.
5. Developer shall implement, or cause the implementation of, the Hirschkoff Residence Coastal
Development Permit Project Mitigation Monitoring and Reporting Program. Developer shall
comply with the Mitigation Measures outlined in the Mitigation Monitoring and Reporting
Program and the Addendum to the Mitigated Negative Declaration.
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
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obligation survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
7. Developer shall submit to the City Planner a reproducible 24” x 36,” mylar copy of the Site Plan
reflecting the conditions approved by the final decision-making body.
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.
11. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
12. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be filed
in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Coastal
Development Permit by Resolution No. 7082 on the property. Said Notice of Restriction shall
note the property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice
of Restriction. The City Planner has the authority to execute and record an amendment to the
notice which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
13. 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. Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner
a digital copy of the biology report exhibits in Autocad DWG or ESRI-Shape-File Format registered
to CCS zone 6 NAD 83. 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.
15. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, 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 an In-lieu Mitigation Fee consistent
with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to
fund 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 fee prior to recordation of a final map, or issuance of a grading permit or building permit,
whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not
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be consistent with the Habitat Management Plan and the General Plan and any and all approvals
for this project shall become null and void.
16. 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.
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
plancheck process on file in the Planning Division and accompanied by the project’s building,
improvement, and grading plans.
19. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
20. Prior to issuance of a grading permit, the developer shall record a deed restriction/waiver of
public liability in compliance with the requirements of Municipal Code Section 21.204.120
(Coastal Shoreline Development Overlay Zone).
Engineering
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
21. 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.
22. 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.
23. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan
and conceptual grading plan reflecting the conditions approved by the final decision making body.
The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by
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the city's project engineer and project planner prior to submittal of the building plans,
improvement plans, grading plans, or final map, whichever occurs first.
24. 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.
25. 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.
Fees/Agreements
26. 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.
27. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
28. Prior to approval of any grading or building permits for this project, developer shall cause owner
to give written consent to the city engineer for the annexation of the area shown within the
boundaries of the (SUBDIVISION OR SITE PLAN) into the existing City of Carlsbad Street Lighting
and Landscaping District No. 1 and/or to the formation or annexation into an additional Street
Lighting and Landscaping District. Said written consent shall be on a form provided by the city
engineer.
Grading
29. 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 for city engineer review, post security and pay all applicable grading plan
review and permit fees per the city’s latest fee schedule. Precise grading shall be shown on said
plans. In addition, the required soils report may, subject to the city engineer’s discretion, be
subject to a third party review. The developer shall pay all additional plan review fees required
for said third party review.
30. The developer shall submit written approval from the owner of the abutting property at 2362
Jefferson Street to allow relocation or modification of their hose bib and irrigation box as shown
on the preliminary grading plan. If such written approval cannot be obtained, the developer
shall redesign the project to prevent conflicts between the driveway and hose bib and irrigation
box, all subject to the city engineer’s approval.
31. 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.
. . .
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32. Developer shall complete and submit to the city engineer a Project Threat Assessment Form
(PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also
submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm
Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all 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.
33. Developer shall incorporate measures with this project to comply with Standard Stormwater
Requirements per the city’s Standard Urban Stormwater Management Plan (SUSMP). These
measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.:
paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.:
turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to
the satisfaction of the city engineer.
Dedications/Improvements
34. 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.
35. Developer shall design all proposed public improvements including but not limited to sewer
laterals, water services/meters and curb drains as shown on the site plan. These improvements
shall be shown on one of the following, subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing
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.
Utilities
36. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
37. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
38. The developer shall design and 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
39. 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.
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40. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
41. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
42. 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.
43. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
44. Any signs proposed for this development shall at a minimum be designed in conformance with
the City’s Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
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.
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