HomeMy WebLinkAbout1998-12-02; Planning Commission; Resolution 44190 0
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PLANNING COMMISSION RESOLUTION NO. 4419
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
FOR THE DEVELOPMENT OF A FOUR UNIT APARTMENT
ON PROPERTY GENERALLY LOCATED ON THE NORTH
SIDE OF LAGUNA DRIVE BETWEEN JEFFERSON STREET
AND KREYMEYER CIRCLE WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: DAKMIN APARTMENTS
CASE NO.: CDP 98-53
WHEREAS, Dakmin, Inc., “Developer”, has filed a verified applicatiol
COASTAL DEVELOPMENT PERMIT NUMBER CDP 98-53
City of Carlsbad regarding property owned by Dakmin, Inc., “Owner”, described as
The easterly 60 feet of the following described property:
That portion of lot 1 (northeast quarter of northeast quarter)
of Section 1, Township 12 south, Range 5 west, San Bernardino
base and meridian, In the City of Carlsbad, County of San
Diego, State of California, according to United States
Government survey approved June 22,1883.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “K”, dated December 2, 1998, on f
Planning Department, DAKMIN APARTMENTS, CDP 98-53 as provided by
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of Decemb
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 1
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Co
APPROVES DAKMIN APARTMENTS, CDP 98-53, based on the
findings and subject to the following conditions:
Findincs:
1. That the proposed development is in conformance with the Mello I1 segme
Certified Local Coastal Program and all applicable policies in that the site is dr
for multi-family residential development at a density of up to 19 du/;
development does not obstruct public views of significant coastal resource
agricultural activities, sensitive coastal resources, geologic instability o
access opportunities exist on or adjacent to the project site.
2. The project site is not located in the Coastal Agriculture Overlay Zone, acc,
Map X of the Land Use Plan, certified September, 1980, and therefore is nc
to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.2(
Zoning Ordinance).
3. The project is consistent with the provisions of the Coastal Resource P:
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the prc
adhere to the City's Master Drainage and Storm Water Quality Managem
and Grading Ordinance to avoid increased runoff and soil erosion, no stec
exist on the property and the site is not located in areas prone to lands
susceptible to accelerated erosion, floods or liquefaction.
4. The project site is not located between the sea and the first public road p:
the sea and, therefore, is not subject to the provisions of the Coastal S
Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance).
5. The project is not located within the Mello I LCP Segment and is, therej
subject to the provisions of that segments Coastal Resource Overlay
described in Chapter 21.205 of the Zoning Ordinance.
6. That the project is consistent with the Housing Element of the General Plan
Inclusionary Housing Ordinance as the Developer has been conditioned tc
inclusionary housing impact fee.
7. The Developer has agreed and is required by the inclusion of an appropriate con
pay a public facilities fee. Performance of that contract and payment of the
enable this body to find that public facilities will be available concurrent with need a:
by the General Plan.
8. The project has been conditioned to pay any increase in public facility fee,
construction tax, or development fees, and has agreed to abide by any a
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requirements established by a Local Facilities Management Plan prepared PI
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avai
public facilities and will mitigate any cumulative impacts created by the project.
9. The project has been conditioned to ensure the building permits will not be issu
project unless the District Engineer determines that sewer service is avail,
building cannot occur within the project unless sewer service remains availablc
District Engineer is satisfied that the requirements of the Public Facilities Elem
General Plan have been met insofar as they apply to sewer service for this projec
10. Statutory School fees will be paid to ensure the availability of school facilit:
Carlsbad Unified School District.
11. All necessary public improvements have been provided or are required as con
approval.
12. That the Planning Director has determined that the project is exempt :
requirements of the California Environmental Quality Act (CEQA) per Sectio
and 15304 of the state CEQA Guidelines and will not have any adverse si
impact on the environment.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cc
and modifications to the document(s) necessary to make them internally consist<
conformiby with final action on the project. Development shall occur substa~
shown in the approved Exhibits. Any proposed development different f
approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, 2
ordinances in effect at the time of building permit issuance.
3. The Developer/Operator shall and does hereby agree to indemnify, protect, de
hold harmless the City of Carlsbad, its Council members, officers, employees, ag
representatives, from and against any and all liabilities, losses, damages, demand
and costs, including court costs and attorney’s fees incurred by the City arising
or indirectly, from (a) City’s approval and issuance of this Conditional Use PC
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein, i
Developer/Operator’s installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emissior
facility of electromagnetic fields or other energy waves or emissions.
4. The Developer shall provide the City with a reproducible 24” x 36”, mylar coy
Site Plan as approved by the final decision making body. The Site Plan shall rC
conditions of approval by the City. The Plan copy shall be submitted to
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Engineer and approved prior to building, grading, final map, or improver
submittal, whichever occurs first.
5. The Developer shall include, as part of the plans submitted for any permit p1a1
reduced legible version of the approving resolution on a 24” x 36” blueline
Said blueline drawing(s) shall also include a copy of any applicable Coastal Deb
Permit and signed approved site plan.
6. Building permits will not be issued for development of the subject property I
District Engineer determines that sewer facilities are available at the time of a]
for such sewer permits and will continue to be available until time of occupancy
7. The Developer shall pay the public facilities fee adopted by the City Council or
1987, (amended July 2, 1991) and as amended from time to time, and any dev
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad E
Code or other ordinance adopted to implement a growth management system or
and Improvement Plan and to fulfill the developer’s agreement to pay the public
fee dated July 9, 1998, a copy of which is on file with the City Clerk and is incl
by this re€erence. If the fees are not paid, this application will not be consistenl
General Plan and approval for this project will be void.
8. The Developer shall provide proof of payment of statutory school fees to
conditions of overcrowding as part of the building permit application. The a1
these fees shall be determined by the fee schedule in effect at the time of buildil:
application.
9. If any condition for construction of any public improvements or facilities, or the
of any fees in-lieu thereof, imposed by this approval or imposed by law on this rc
housing project are challenged this approval shall be suspended as pro.
Government Code Section 66020. If any such condition is determined to be in\
approval shall be invalid unless the City Council determines that the project wil
condition complies with all requirements of law.
10. The applicant shall apply for and be issued building permits for this projec
two (2) years of approval or this coastal development permit will expir
extended per Section 21.201.210 of the Zoning Ordinance.
11. Prior to the issuance of the building permit, Developer shall submit to the City
of Restriction to be filed in the office of the County Recorder, subject to the sat
of the Planning Director, notifying all interested parties and successors in interesl
City of Carlsbad has issued a Coastal Development Permit by Resolution No.
the real property owned by the Developer. Said Notice of Restriction shall
property description, location of the file containing complete project details
conditions of approval as well as any conditions or restrictions specified for incl
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the Notice of Restriction. The Planning Director has the authority to execute a
an amendment to the notice which modifies or terminates said notice upon a SI
good cause by the Developer or successor in interest.
12. The Developer shall prepare a detailed landscape and irrigation plan in conform
the approved Preliminary Landscape Plan and the City’s Landscape Manual. ‘
shall be submitted to and approval obtained from the Planning Director prj
approval of the final map, grading permit, or building permit, whichever occurs
Developer shall construct and install all landscaping as shown on the approved I
maintain all landscaping in a healthy and thriving condition, free from weeds,
debris.
13. Building identification and/or addresses shall be placed on all new and existing
so as to be plainly visible fiom the street or access road; color of identificati.
addresses shall contrast to their background color.
14. Prior to the issuance of building permits, or prior to the approval of a final rn<
issuance of certificate of compliance for the conversion of existing apartmen
space condominiums, the Developer shall pay to the City an inclusionary housin
fee as an individual fee on a per market rate dwelling unit basis.
15. If any of the foregoing conditions fail to occur; or if they are, by their ten
implemented and maintained over time, if any of such conditions fail 1.
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuar
future building permits; deny, revoke or further condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their viol2
vested rights are gained by Developer or a successor in interest by the City’s ap
this Coastal Development Permit.
EnPineerinT:
16. Prior to issuance of any building permit, the developer shall comply with the requ
of the City’s anti-graffiti program for wall treatments if and when such a prc
formerly established by the City.
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I 17. The developer shall pay all current fees and deposits required.
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18. The owner of the subject property shall execute an agreement holding the City ha,
regarding drainage across the adjacent property.
19. The developer shall comply with the City’s requirements of the National 1
Discharge Elimination System (NPDES) permit. The developer shall prov
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management practices as referenced in the "California Storm Water Best Ma
Practices Handbook" to reduce surface pollutants to an acceptable level prior to
to sensitive areas. Plans for such improvements shall be approved by the City
Said plans shall include but not be limited to notifying prospective owners and
the following:
A. All owners and tenants shall coordinate efforts to establish or v
established disposal programs to remove and properly dispose of
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, r
antifreeze, solvents, paints, paint thinners, wood preservatives,
such fluids shall not be discharged into any street, public or priva
storm drain or storm water conveyance systems. Use and di
pesticides, fungicides, herbicides, insecticides, fertilizers and o
chemical treatments shall meet Federal, State, County 2
requirements as prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reduce SI
pollutants when planning any changes to the landscaping and surf:
improvements.
Code Reminders:
20. The Developer shall pay park-in-lieu fees to the City, prior to the approval of
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
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2 1. The Developer shall pay a landscape plan check and inspection fee as required b)
208.050 of the Carlsbad Municipal Code.
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22. Approval of this request shall not excuse compliance with all applicable sectio;
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
23. All landscape and irrigation plans shall be prepared to conform with the L;
Manual and submitted per the landscape plan check procedures on file in the J
Department.
25 25. The developer shall exercise special care during the construction phase of this p
with the Carlsbad Municipal Code and the City Engineer. 26 prevent ofifsite siltation. Planting and erosion control shall be provided in acc
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a e
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve
“fees/exactions.”
You have 90 days from November 18, 1998, to protest imposition of these feedexac
you protest them, you must follow the protest procedure set forth in Government Cod1
66020(a), and file the protest and any other required information with the City Ma:
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
follow that procedure will bar any subsequent legal action to attack, review, set aside
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any feedexactions of which you have previously bc
a NOTICE similar to this, or as to which the statute of limitations has previously c
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 2nd day of December, 199
following vote, to wit:
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AYES: Chairperson Noble, Commissioners Cornpas, Heineman, r\
Savary, and Welshons
NOES:
ABSENT: Commissioner Monroy
ABSTAIN:
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CARLSBAD PLANNING COMMISSION
ATTEST:
WWM
MICHAEL J. HOSMILL~R
I PC RES0 NO. 4419 -7-