HomeMy WebLinkAbout1996-12-04; Planning Commission; Resolution 4022I
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PLANNING COMMISSION RESOLUTION NO. 4022
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
UNIT, REMODEL THE SECOND UNIT ON THE SITE AND
CONSTRUCT TWO NEW UNITS, FOR A TOTAL OF THREE
UNITS, ON A .188 ACRE PARCEL ON PROPERTY
GENERALLY LOCATED AT 285 JUNIPER AVENUE IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: JAEGER TRI-PLEX
CASE NO.: SDP 96-08
WHEREAS, Chester and Eileen Jaeger, “Developer”, has filed a v
application with the City of Carlsbad regarding property owned by Chester and Eileen J
“Owner”, described as:
DEVELOPMENT PLAN NO. SDP 96-08 TO DEMOLISH ONE
The southwesterly 65.5 feet of Lot 2 in block “R” of Palisades
No. 2, in the City of Carlsbad, County of San Diego, State of
California, according to the map thereof No. 1803, filed in the
office of the County Recorder of San Diego County, August 25,
1924. Excepting therefrom the southeasterly 105 feet of Lot 2
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Develop
Permit as shown on Exhibits “A”-“E” dated December 4, 1996, on file in the Plar
Department, Jaeger Tri-plex - SDP 96-08 as provided by Chapter 21.82.040 of the Car:
Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of December 1
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 testir
and arguments, if any, of all persons desiring to be heard, said Commission considered all fa(
relating to the Site Development Plan.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Ple
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Comrn
APPROVES Site Development Permit, SDP 96-08 based on the follc
findings and subject to the following conditions:
Findings:
1. The Planning Commission finds that the project, as conditioned herein for compl
with Local Facilities Management Plan Zone 1, compliance with R-3 Zoning an
Beach Area Overlay Zone, is in conformance with the Elements of the City’s Gc
Plan, based on the following:
a. Land Use - The project is consistent with the City’s General Plan sinc
proposed density of 15.96 ddacre is within the density range of 15-23 dl
specified for the site as indicated on the Land Use Element of the General
and is at or below the growth control point of 19.
b. Noise - A noise study was submitted with the application indicating tha
project would be at or below the City standard of the Noise Element t
dBA CNEL exterior and 45 dBA CNEL interior.
c. Housing - That the project is consistent with the Housing Element of the Ge,
Plan and the Inclusionary Housing Ordinance as the Developer has
conditioned to pay an inclusionary housing in-lieu fee.
2. That the street systems serving the proposed use is adequate to properly handle all tr
generated by the proposed use, in that the addition of one unit will result in onl:
additional 10 ADT to the area which can be adequately handled by the exit
circulation system.
3. The project is consistent with the City-Wide Facilities and Improvements Plan,
applicable local facilities management plan and all City public facility policies
ordinances since the project has been conditioned to ensure the building permits will
be issued for the project unless the District Engineer determines that sewer servic
available, and building cannot occur within the project unless sewer service rem
available, and the District Engineer is satisfied that the requirements of the PI
Facilities Element of the General Plan have been met insofar as they apply to st
service for this project.
4. Statutory School fees will be paid to ensure the availability of school facilities in
Carlsbad School District.
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Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or are required as conditic
approval.
The Developer has agreed and is required by the inclusion of an appropriate conditj
pay a public facilities fee. Performance of that contract and payment of the fet
enable this body to find that public facilities will be available concurrent with ne
required by the General Plan.
The project has been conditioned to pay any increase in public facility fee, or
construction tax, or development fees, and has agreed to abide by any addit
requirements established by a Local Facilities Management Plan prepared pwsua
Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availabil
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part c
Local Facilities Management Plan for Zone 1.
That the requested use is properly related to the site, surroundings and environm
settings, is consistent with the various elements and objectives of the General Plan,
not be detrimental to existing uses or to uses specifically permitted in the area in P
the proposed use is to be located, and will not adversely impact the site, surroundin-
traffic circulation, in that as designed, the project is consistent with the Carlz
General Plan, the Mello I1 segment of the City’s Local Coastal Program,
development standards of the Beach Area Overlay Zone and the R-3 Zone.
That the site for the intended use is adequate in size and shape to accommodate the us
that the proposed project as designed, provides reasonably sized two-bedroom u
adequate parking and landscaping and at 24-feet in height is within the 30.
maximum height limit.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to a(
the requested use to existing or permitted htwe uses in the neighborhood wil
provided and maintained, in that the project complies with all standards of the
and Beach Area Overlay Zones.
That the project is consistent with the City’s Landscape Manual, adopted by City Cou
Resolution No. 90-384.
The Planning Commission has reviewed each of the exactions imposed on the Develc
contained in this resolution, and hereby finds, in this case, that the exactions are imp(
to mitigate impacts cause by or reasonably related to the project, and the extent and
degree of the exaction is in rough proportionality to the impact caused by the project.
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Planning Conditions:
1. The Planning Commission does hereby APPROVE the Site Development Plan f(
project entitled Jaeger Tri-plex (Exhibits “A”-“E” dated December 4, 1996 on f
the Planning Department and incorporated by this reference, subject to the cond
herein set forth. Staff is authorized and directed to make, or require Developer to I
all corrections and modifications to the Site Development Plan document(s
necessary, to make them internally consistent and in conformity with final action c
project. Development shall occur substantially as shown in the approved Exhibits.
proposed development substantially different from this approval, shall requir
amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state and
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy (
Site Plan as approved by the final decision making body. The Site Plan shall reflec
conditions of approval by the City. The Plan copy shall be submitted to the
Engineer and approved prior to building, grading, final map, or improvement
submittal, whichever occurs first.
4. The Developer shall include, as part of the plans submitted for any permit plan che
reduced legible version of the approving resolution(s) on a 24” x 36” blueline drawir
5. Building permits will not be issued for development of the subject property unles:
District Engineer determines that sewer facilities are available at the time of applic;
for such sewer perrnits and will continue to be available until time of occupancy.
6. The Developer shall pay the public facilities fee adopted by the City Council on Jul:
1987, (amended July 2, 1991) and as amended from time to time, and any develop:
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Munic
Code or other ordinance adopted to implement a growth management system or Facil
and Improvement Plan and to fulfill the subdivider’s agreement to pay the p1
facilities fee dated August 14,1996, a copy of which is on file with the City Clerk a1
incorporated by this reference. If the fees are not paid, this application will no
consistent with the General Plan and approval for this project will be void.
7. The Developer shall provide proof of payment of statutory school fees to miti
conditions of overcrowding as part of the building permit application. The amour
these fees shall be determined by the fee schedule in effect at the time of building pe
application.
8. This project shall comply with all conditions and mitigation measures which are reqL
as part of the Zone 1 Local Facilities Management Plan and any amendments mad
that Plan prior to the issuance of building permits.
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9. If any condition for construction of any public improvements or facilities, or the pa:
of any fees in-lieu thereof, imposed by this approval or imposed by law on this resid
housing project are challenged this approval shall be suspended as providc
Government Code Section 66020. If any such condition is determined to be invalil
approval shall be invalid unless the City Council determines that the project with01
condition complies with all requirements of law.
10. Approval of SDP 96-08 is granted subject to the approval of CDP 96-04. SDP 96-
subject to all conditions contained in CDP 96-04 for the Coastal Development Per1
1 1. Prior to the issuance of the Building Permit, Developer shall submit to the City a N
of Restriction to be filed in the office of the County Recorder, subject to the satisfa
of the Planning Director, notifling all interested parties and successors in interest th
City of Carlsbad has issued a Site Development Plan by Resolution No. 4022 on thl
property owned by the Developer. Said Notice of Restriction shall note the pro
description, location of the file containing complete project details and all conditio
approval as well as any conditions or restrictions specified for inclusion in the Noti’
Restriction. The Planning Director has the authority to execute and record an amend
to the notice which modifies or terminates said notice upon a showing of good cau:
the Developer or successor in interest.
12. All visitor parking spaces shall be striped a different color than the assigned res
parking spaces and shall be clearly marked as may be approved by the Planning Direc
13. An exterior lighting plan including parking areas shall be submitted for Planning Dirt
approval. All lighting shall be designed to reflect downward and avoid any impacl
adjacent homes or property.
14. No outdoor storage of materials shall occur onsite unless required by the Fire Chiei
such instance a storage plan will be submitted for approval by the Fire Chief anc
Planning Director.
15. The Developer shall prepare a detailed landscape and irrigation plan in conformance
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The J
shall be submitted to and approval obtained from the Planning Director prior to
approval of the final map, grading permit, or building permit, whichever occurs first.
Developer shall construct and install all landscaping as shown on the approved plans,
maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
debris.
16. The first submittal of detailed landscape and irrigation plans shall be accompanied by
project’s building, improvement, and grading plans.
17. Building identification and/or addresses shall be placed on a11 new and existing build)
so as to be plainly visible from the street or access road; color of identification ant
addresses shall contrast to their background color.
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18. Prior to the issuance of building permits, the Developer shall prepare and record a 1
that this property is subject to overflight, sight and sound of aircraft operating
McClellan-Palomar Airport, in a form meeting the approval of the Planning Direct(
the City Attorney (see Noise Form #2 on file in the Planning Department).
19. Prior to the issuance of building permits, the Developer shall pay to the Cil
inclusionary housing in-lieu fee as an individual fee on a per market rate dwellini
Basis.
20. If any of the foregoing conditions fail to occur; or if they are, by their terms,
implemented and maintained over time; if any of such conditions fail to I
implemented and maintained according to their terms, the City shall have the rig
revoke or modify all approvals herein granted; deny or further condition issuance (
future building permits; deny, revoke or further condition all certificates of occur
issued under the authority of approvals herein granted; institute and prosecute litigati
compel their compliance with said conditions or seek damages for their violatior
vested rights are gained by Developer or a successor in interest by the City’s appro1
this Site Development Plan.
Engineerine Conditions
21. Prior to hauling dirt or construction materials to or from any proposed construction
within this project, the developer shall submit to and receive approval from the
Engineer for the proposed haul route. The developer shall comply with all condition:
requirements the City Engineer may impose with regards to the hauling operation.
22. The developer shall pay all current fees and deposits required.
23. Plans, specifications and supporting documents for all public improvements shal
prepared to the satisfaction of the City Engineer. In accordance with City Standards
developer shall install, or agree to install and secure with appropriate security as prov
by law, improvements shown on the site plan and the following improvements:
Complete half-width street improvements for the portion of Juniper Avenue along
project frontage. Improvements shall include, but are not limited to, curb, gu
sidewalk, asphalt paving, street lighting and driveway apron.
Improvements listed above shall be constructed within 18 months of approval of
secured improvement agreement or such other time as provided in said agreement.
Water District Conditions
24. The entire potable water system, reclaimed water system and sewer system shall
evaluated in detail to ensure that adequate capacity, pressure and flow demands car
met.
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25. The Development shall be responsible for all fees, deposits and charges which w
collected before and/or at the time of issuance of the building permit. The San ?
County Water Authority capacity charge will be collected at issuance of applicatic
meter installation.
26. Sequentially, the Developers Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requiren
Also obtain GPM demand for domestic and irrigational needs from appro
parties.
b. Prepare a colored reclaimed water use area map and submit to the Plar
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water improvement pl:
meeting must be scheduled with the District Engineer for review, commen
approval of the preliminary system layouts and usages (i.e. GPM - EDU)
27. This project is approved upon the expressed condition that building permits will n
issued for development of the subject property unless the water district serving
development determines that adequate water service and sewer facilities are availak
the time of application for such water service and sewer permits will continue t
available until time of occupancy. This note shall be placed on the final map.
Standard Code Reminders
28. The Developer shall pay a landscape plan check and inspection fee as required by Sel
20.08.050 of the Carlsbad Municipal Code.
29. This approval shall become null and void if building permits are not issued for
project within 18 months from the date of project approval.
30. Approval of this request shall not excuse compliance with all applicable sections 0.
Zoning Ordinance and all other applicable City ordinances in effect at time of buil
permit issuance, except as otherwise specifically provided herein.
31. All roof appurtenances, including air conditions, shall be architecturally integrated
concealed from view and the sound buffered from adjacent properties and street!
substance as provided in Building Department Policy No. 80-6, to the satisfaction 0:
Community Development Director.
32. All landscape and irrigation plans shall be prepared to conform with the Lands'
Manual and submitted per the landscape plan check procedures on file in the Plan
Department.
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i1 1 33. The developer shall exercise special care during the construction phase of this proj
prevent offsite siltation. Planting and erosion control shall be provided in accorl 2 with the Carlsbad Municipal Code and the City Engineer.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the pla
Commission of the City of Carlsbad, California, held on the 4th day of December 1996, t
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Nielsen, I\
Savary and Welshons
NOES: None
ABSENT: Commissioner Monroy
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l1 II ABSTAIN: None
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WILLIAM COMPAS, Chairpegon
CARLSBAD PLANNING COMMISSION
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