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HomeMy WebLinkAbout1997-05-07; Planning Commission; Resolution 40881 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 PLANNING COMMISSION RESOLUTION NO. 4088 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAWSBAD, CALIFORNIA, APPROVING SITE TWO CONDOMINIUM UNITS ON THE SITE AND DEMOLISH THE EXISTING UNIT, FOR A TOTAL OF TWO UNITS, ON A .16 ACRE PARCEL ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF OCEAN STREET, SOUTH OF CYPRESS AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: SEA BISQUIT CASE NO.: SDP 96-1 6 WHEREAS, Patrick McGuire, “Developer”, has filed a verified applicatiol the City of Carlsbad regarding property owned by Patrick McGuire, “Owner”, described a DEVELOPMENT PLAN NO. SDP 96-16 TO CONSTRUCT Lot 3 and 4 of Block A of Map No. 2 of the Hayes Land Company (incorporated) addition in Carlsbad, according to Map thereof No. 1221 filed in the Office of the County Clerk November 3,1909 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Develol Permit as shown on Exhibits “A”-“G” dated May 7, 1997, on file in the Planning Deparl Sea Bisquit- SDP 96-16 as provided by Chapter 21.82.040 of the Carlsbad Municipal Code WHEREAS, the Planning Commission did, on the 7th day of May 1997 h duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testi and arguments, if any, of all persons desiring to be heard, said Commission considered all fi relating to the Site Development Plan. ... ... I 1 2 3 4 5 6 7 8 9 18 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla 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 Comm APPROVES Site Development Permit, SDP 96-16 based on the folll 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 (except as approved under V 96-01), is in conforr with the Elements of the City’s General Plan, based on the following: a. Land Use - The project is consistent with the City’s General Plan sinc proposed density of 17.99 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. Housing - That the project is consistent with the Housing Element of the GI Plan and the Inclusionary Housing Ordinance as the Developer has conditioned to pay an inclusionary housing in-lieu fee. 2. The project is consistent with the City-Wide Facilities and Improvements Plar applicable local facilities management plan and all City public facility policie! ordinances since the project has been conditioned to ensure the building permits wi be issued for the project unless the District Engineer determines that sewer serv available, and building cannot occur within the project unless sewer service re] available, and the District Engineer is satisfied that the requirements of the I Facilities Element of the General Plan have been met insofar as they apply to ~ service for this project. 3. Statutory School fees will be paid to ensure the availability of school facilities j Carlsbad School District. 4. Park-in-lieu fees are required as a condition of approval. 5. All necessary public improvements have been provided or are required as conditio approval. 6. The Developer has agreed and is required by the inclusion of an appropriate conditi pay a public facilities fee. Performance of that contract and payment of the fee enable this body to find that public facilities will be available concurrent with ne ~ PC RES0 NO. 4O88 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 .20 21 22 23 24 25 26 27 28 I e 0 required by the General Plan. 7. The project has been conditioned to pay any increase in public facility fee, 01 construction tax, or development fees, and has agreed to abide by any addi requirements established by a Local Facilities Management Plan prepared pursu, Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availabi public facilities and will mitigate any cumulative impacts created by the project. 8. This project has been conditioned to comply with any requirement approved as part Local Facilities Management Plan for Zone 1. 9. That the requested use is properly related to the site, surroundings and environr settings, is consistent with the various elements and objectives of the General Plar not be detrimental to existing uses or to uses specifically permitted in the area in the proposed use is to be located, and will not adversely impact the site, surroundi~ traffic circulation, in that as designed, is compatible in appearance with surrou: projects, is similar in density to surrounding development, has been designed 1 step-down building pad to reduce visual impacts, is consistent with the Lanc and Housing Elements of the Carlsbad General Plan, is consistent with the Mc segment of the City’s Local Coastal Program, complies with the develor standards of the Beach Area Overlay Zone, the planned development ordinanc the R-3 Zone (except as may be approved under V 96-01). 10. That the site for the intended use is adequate in size and shape to accommodate the I that the proposed project as designed, provides reasonably-sized two-bedroom adequate parking and landscaping and with a maximum height of 32-fee project is compatible with the surrounding neighborhood. 11. That all yards, setbacks, walls, fences, landscaping, and other features necessary to the requested use to existing or permitted future uses in the neighborhood w provided and maintained, in that the project complies with all standards of th and Beach Area Overlay Zones (except as approved under V 96-01). 12. That the project is consistent with the City’s Landscape Manual, adopted by City CC Resolution No. 90-384. 13. The Planning Commission has reviewed each of the exactions imposed on the Devl contained in this resolution, and hereby finds, in this case, that the exactions are im to mitigate impacts cause by or reasonably related to the project, and the extent m degree of the exaction is in rough proportionality to the impact caused by the projecl 14. That the street systems serving the proposed use is adequate to properly handle all generated by the proposed use, in that the addition of one unit will result in or additional 8 ADT to the area which can be adequately handled by the ex circulation system. PC RES0 NO. 4088 -3 - e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Planning - Conditions: 1. The Planning Commission does hereby APPROVE the Site Development Plan f project entitled Sea Bisquit (Exhibits “A”-“G” dated May 7, 1997, on file : Planning Department and incorporated by this reference, subject to the conditions set forth. Staff is authorized and directed to make, or require Developer to mal corrections and modifications to the Site Development Plan document(s), as necess; make them internally consistent and in conformity with final action on the p: Development shall occur substantially as shown in the approved Exhibits. Any prc development substantially different from this approval, shall require an amendm! 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 refle conditions of approval by the City. The Plan copy shall be submitted to the Engineer and approved prior to building, grading, final map, or improvemenl submittal, whichever occurs first. 4. The Developer shall include, as part of the plans submitted for any permit plan ch reduced legible version of the approving resolution(s) on a 24” x 36” blueline draw 5. Building permits will not be issued for development of the subject property unle: District Engineer determines that sewer facilities are available at the time of applic for such sewer permits 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 Ju 1987, (amended July 2, 1991) and as amended from time to time, and any develol fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Mun Code or other ordinance adopted to implement a growth management system or Fac and Improvement Plan and to fulfill the subdivider’s agreement to pay the 1 facilities fee dated December 30,1996, a copy of which is on file with the City Clel is incorporated by this reference. If the fees are not paid, this application will r 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 mi conditions of overcrowding as part of the building permit application. The am01 these fees shall be determined by the fee schedule in effect at the time of building p application. 8. This project shall comply with all conditions and mitigation measures which are rec as part of the Zone 1 Local Facilities Management Plan and any amendments mE that Plan prior to the issuance of building permits. PC RES0 NO. 4088 -4- 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 resic housing project are challenged this approval shall be suspended as provid Government Code Section 66020. If any such condition is determined to be inval approval shall be invalid unless the City Council determines that the project withc condition complies with all requirements of law. 10. Approval of SDP 96-16 is granted subject to the approval of CP 96-01, MS 97-01? 97-02, V 96-01, MS 97-01 and CDP 96-19. SDP 96-16 is subject to all con( contained in CP 96-01, MS 97-01, HDP 97-02, V 96-01, MS 97-01 and CDP 96- the Condominium Permit, Minor Subdivision, Hillside Development PC Variance, Minor Subdivision and Coastal Development Permit. 11. Prior to the issuance of the Building Permit, Developer shall submit to the City a 1 of Restriction to be filed in the office of the County Recorder, subject to the satisf of the Planning Director, notifying all interested parties and successors in interest tl- City of Carlsbad has issued a Site Development Plan by Resolution No. 4088 on tk property owned by the Developer. Said Notice of Restriction shall note the prc description, location of the file containing complete project details and all conditic approval as well as any conditions or restrictions specified for inclusion in the No1 Restriction. The Planning Director has the authority to execute and record an amen1 to the notice which modifies or terminates said notice upon a showing of good ca1 the Developer or successor in interest. 12. No outdoor storage of materials shall occur onsite unless required by the Fire Chit such instance a storage plan will be submitted for approval by the Fire Chief ar Planning Director. 13. The Developer shall prepare a detailed landscape and irrigation plan in conformancc the approved Preliminary Landscape Plan and the City’s Landscape Manual. The shall be submitted to and approval obtained from the Planning Director prior 1 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 plan maintain all landscaping in a healthy and thriving condition, free from weeds, trasl debris. 14. The first submittal of detailed landscape and irrigation plans shall be accompanied 1 project’s building, improvement, and grading plans. 15. Building identification and/or addresses shall be placed on all new and existing buil so as to be plainly visible from the street or access road; color of identification 2 addresses shall contrast to their background color. 16. Prior to the issuance of building permits, the Developer shall prepare and record a P 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 Directc PC RES0 NO. 4088 -5- 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the City Attorney (see Noise Form #2 on file in the Planning Department). 17. Prior to the issuance of building permits, the Developer shall pay to the Cj inclusionary housing in-lieu fee as an individual fee on a per market rate dwellin Basis. 18. Grading activities on this project shall be limited to the period of April 1 th: October 1 of each year pursuant to Section 21.203 of the Carlsbad Municipal C Engineering - Conditions 19. Prior to hauling dirt or construction materials to or from any proposed constructio 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 conditio1 requirements the City Engineer may impose with regards to the hauling operation. 20. The project shall comply with all conditions of Minor Subdivision 97-01 0' approval shall be considered as null and void. 2 1. The developer shall pay all current fees and deposits required. 22. Based upon a review of the proposed grading and the grading quantities shown on tl plan, a grading permit for this project appears to be required. The developer must s and receive approval for grading plans in accordance with City codes and standards to issuance of a building permit for the project. 23. Five feet shall be dedicated by the owner along the project fiontage on Ocean based on a center line to right-of-way width of twenty-five feet and in conformanct City of Carlsbad Standards. Water District Conditions 24. The Development shall be responsible for all fees, deposits and charges which M 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. 25. Developer shall consult with the District Engineer for review, comment and apg prior to the submission of sewer, water and reclaimed water improvement plans as p the building permit application process regarding system layouts and usages (i.e. G EDU) 26. This project is approved upon the expressed condition that building permits will r issued for development of the subject property unless the water district servin development determines that adequate water service and sewer facilities are availa the time of application for such water service and sewer permits will continue available until time of occupancy. This note shall be placed on the final map. PC RES0 NO. 4088 -6- 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 Fire Condition 27. An automatic fire sprinkler system shall be installed in each unit. Plans a specifications for the sprinkler system shall be submitted to the Fire Departme: review and approval prior to building permit issuance. 28. 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 1 implemented and maintained according to their terms, the City shall have the ri; revoke or modify all approvals herein granted; deny or further condition issuance hture building permits; deny, revoke or fwther condition all certificates of occu issued under the authority of approvals herein granted; institute and prosecute litigat compel their compliance with said conditions or seek damages for their violatio vested rights are gained by Developer or a successor in interest by the City’s appro this Site Development Plan. Standard Code Reminders 29. The Developer shall pay a landscape plan check and inspection fee as required by SI 20.08.050 of the Carlsbad Municipal Code. 30. This approval shall become null and void if building permits are not issued fc project within 18 months from the date of project approval. 31. Approval of this request shall not excuse compliance with all applicable sections Zoning Ordinance and all other applicable City ordinances in effect at time of bu permit issuance, except as otherwise specifically provided herein. 32. All roof appurtenances, including air conditions, shall be architecturally integrate concealed from view and the sound buffered from adjacent properties and strec substance as provided in Building Department Policy No. 80-6, to the satisfaction Community Development Director. 33. All landscape and irrigation plans shall be prepared to conform with the Land Manual and submitted per the landscape plan check procedures on file in the Pla Department. 34. The developer shall exercise special care during the construction phase of this proj prevent offsite siltation. Planting and erosion control shall be provided in accor with the Carlsbad Municipal Code and the City Engineer. .*. . .. ... ... PC RES0 NO. 4088 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla Commission of the City of Carlsbad, California, held on the 7th day of May 1997, 1 following vote, to wit: AYES: Commissioner Compas, Heineman, Monroy, Noble and Saw NOES: Chairperson Nielsen and Commissioner Welshons ABSENT: None ABSTAIN: None .. . . /”. /@/!/& /F6- &/-7 / \ -c *--“=.v.- __ ROBER? NIELSEGxhairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOMMILBR Planning Director PC RES0 NO. 4088 -8-