HomeMy WebLinkAbout1999-01-20; Planning Commission; Resolution 44653 a m
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PLANNING COMMISSION RESOLUTION NO. 4465
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN 98-14 TO CONSTRUCT THREE
DETACHED SINGLE-FAMILY DWELLING UNITS ON
PROPERTY GENERALLY LOCATED ON THE
SOUTHWESTERN TERMINUS OF CHINQUAPIN AVENUE IN
LOCAL FACILITIES MANAGEMENT ZONE 1
CASE NAME: KEYSTONE CARLSBAD
CASE NO.: SDP 98-14
WHEREAS, Keystone Communities LLC, “Developer”, has filed :
application with the City of Carlsbad regarding property owned by Keystone Con
LLC, “Owner”, described as
The northwesterly 120.00 feet of that portion of Block “W” of
Palisades No. 2, in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 1803, filed in
the Office of the County Recorder of San Diego County,
August 25, 1924, lying southeasterly of the southwesterly line
of the northeasterly 300.00 feet of said block.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Devc
Plan as shown on Exhibit(s) “A” - “C” dated January 20, 1999, on file in the
Department, KEYSTONE COMMUNITIES, SDP 98-14, as provided by
21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of Janual
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 tt
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the Site Development Plan
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
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 P
Commission APPROVES, KEYSTONE COMMUNITIES, SDP 98-1~
on the following findings and subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and enviro
settings, is consistent with the various elements and objectives of the General P
not be detrimental to existing uses or to uses specifically permitted in the area i
the proposed use is to be located, and will not adversely impact the site, surroun
traffic circulation, in that the proposed land use is consistent with the Gener
the project meets all of the development standards of the R-3 Zone, Beat
Overlay Zone and the Planned Development Ordinance; the proposed thl
development will be compatible with the existing and proposed surn
residential and open space development; and the buildings are set back fa
from Carlsbad Blvd. The additional 30 ADT generated by the proposed lan
consistent with the traffic level projections for residential uses as analyzed
MEIR All feasible mitigation measures appropriate to the site hav
incorporated into the project design.
2. That the site for the intended use is adequate in size and shape to accommodate thc
that the lots created are larger that the minimum lot size required and t
project meets or exceeds the development standards of the R-3 Zone, Beac
Overlay Zone and the Planned Development Ordinance.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary t
the requested use to existing or permitted future uses in the neighborhood
provided and maintained, in that the units comply with the setback and b
height requirement of the Planned Development and Beach Area Overly Zo
the parking area is screened from the adjacent property.
4. That the street systems serving the proposed use is adequate to properly handle a1
generated by the proposed use, in that the adjacent roadways, and intersectiol
the project site have all been sized and constructed to meet the land use d
The project is also conditioned to improve it’s frontage on Chinquapin Avenu
5. That the development will be compatible with the surrounding developmen1
existing and proposed, in the beach area in that the single family units are of
height and building materials to the existing units and that the remaining lot
area are single family lots to be developed with a similar product to the pl
project.
PC RES0 NO. 4465 -2-
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6. That the development provides adequate parking as needed by residential
in that the units provide a three car garage and the project provides
required guest parking spaces as parallel spaces on the private drive.
7. That the project will ensure that adequate public facilities will exist to SI
beach area in that the project is conditioned to improve the property'
frontage on Chinquapin Avenue.
8. That the project will protect the unique mix of residential developm
aesthetic quality of the beach area in that the project provides single family
opposed to multi-family attached and that the units provide a va
architectural features and quality building materials to ensure aesthetic qua
9. The Planning Commission finds that the project, as conditioned herei
conformance with the Elements of the City's General Plan, based on the followin
A. Land Use - The project is consistent with the City's General Plan :
proposed density of 9.1 ddacre is below the density range of 15 - 2:
specified for the site as indicated on the Land Use Element of the Gent
and is below the growth control point of 19. The project is consistent
policies found in the Agua Hedionda Land Use Plan for items such a!
density, building height, and vista preservation.
B. Circulation - all the necessary frontage and street improvements h;
conditioned to be constructed.
C. Housing - the project is conditioned to pay an inclusionary housin'
fee.
D. Public Safety - the project will comply with the Fire Code, Uniform :
Code, and State seismic standards.
E. Parks and Recreation - The proposed project has been conditionec
Park-in-lieu fees prior to building permit issuance.
10. The project is consistent wi.th the City-Wide Facilities and Improvements 1
applicable local facilities management plan and all City public facility poll
ordinances since:
A. The project has been conditioned to ensure the building permits will not
for the project unless the District Engineer determines that sewer s
available, and building cannot occur within the project unless sewe
remains available, and the District Engineer is satisfied that the require
the Public Facilities Element of the General Plan have been met insofa
apply to sewer service for this project.
B. All necessary public improvements have been provided or are rec
conditions of approval.
PC RES0 NO. 4465 -3-
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C. The Developer has agreed and is required by the inclusion of an apl
condition to pay a public facilities fee. Performance of that contract and
of the fee will enable this body to find that public facilities will be ;
concurrent with need as required by the General Plan.
D. Statutory School fees will be paid to ensure the availability of school fa(
the Carlsbad School District. The Carlsbad School District has written
dated February 13, 1998, stating that school facilities will be availabll
project.
E. Park-in-lieu fees are required as a condition of approval.
11. 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 ac
requirements established by a Local Facilities Management Plan prepared pu~
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail:
public facilities and will mitigate any cumulative impacts created by the project.
12. This project has been conditioned to comply with any requirement approved as pa
Local Facilities Management Plan for Zone 1.
13. The Planning Commission has reviewed each of the exactions imposed on the D1
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts cause by or reasonably related to the project, and the extent
degree of the exaction is in rough proportionality to the impact caused by the proj
14. That the project is consistent with the City’s Landscape Manual, adopted by City
Resolution No. 90-384.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cor
and modifications to the SDP 98-14 document(s) necessary to make them ir
consistent and in conformity with final action on the project. Development sha
substantially as shown in the approved Exhibits. Any proposed development (
from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
3 The Developer/Operator shall and does hereby agree to indemnify, protect, defi
hold harmless the City of Carlsbad, its Council members, officers, employees, age
representatives, from and against any and all liabilities, losses, damages, demands
and costs, including court costs and attorney’s fees incurred by the City arising,
or indirectly, from (a) City’s approval or issuance of any permit or action,
discretionary or non-discretionary, in connection with the use contemplated herc
(b) Developer/Operator’s installation and operation of the facility permitted
PC RES0 NO. 4465 -4-
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including without limitation, any and all liabilities arising from the emissiol
facility of electromagnetic fields or other energy waves or emissions.
4. The Developer shall provide the City with a reproducible 24” x 36”, mylar COI
Site Plan as approved by the final decision making body. The Site Plan shall rt
conditions of approval by the City. The Plan copy shall be submitted to
Engineer and approved prior to building, grading, final map, or improvem
submittal, whichever occurs first.
5. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving resolution(s) on a 24” x 36” blueline
Said blueline drawing(s) shall also include a copy of any applicable Coastal Dew
Permit and signed approved site plan.
6. Building permits will not be issued for development of the subject property UI
District Engineer determines that sewer facilities are available at the time of ap
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 on
1987, (amended July 2, 1991) and as amended from time to time, and any deve
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad M
Code or other ordinance adopted to implement a growth management system or I
and Improvement Plan and to fulfill the developer’s/subdivider’s agreement to
public facilities fee dated February 13, 1998, a copy of which is on file with
Clerk and is incorporated by this reference. If the fees are not paid, this applica
not be consistent with the 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 an
these fees shall be determined by the fee schedule in effect at the time of buildin1
application.
9. This project shall comply with all conditions and mitigation measures which are 1
as part of the Zone 1 Local Facilities Management Plan and any amendments :
that Plan prior to the issuance of building permits.
10. If any condition for construction of any public improvements or facilities, or the 1
of any fees in-lieu thereof, imposed by this approval or imposed by law on this re:
housing project are challenged this approval shall be suspended as prov
Government Code Section 66020. If any such condition is determined to be inv;
approval shall be invalid unless the City Council determines that the project wit1
condition complies with all requirements of law.
11, Approval of SDP 98-14 is granted subject to the approval of MS 98-03 and PUI:
SDP 98-14 is subject to all conditions contained in MS 98-03 and PUD 98-02
minor subdivision and Planned Unit Development permit.
~ PC RES0 NO. 4465 -5-
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12. The first submittal of detailed landscape and irrigation plans shall be accompanif
project’s building, improvement, and grading plans.
13. 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 sal
of the Planning Director, notifying all interested parties and successors in interes
City of Carlsbad has issued a Site Development Plan by Resolution No. 4465 01
property owned by the Developer. Said Notice of Restriction shall note the
description, location of the file containing complete project details and all con(
approval as well as any conditions or restrictions specified for inclusion in the I
Restriction. The Planning Director has the authority to execute and record an an
to the notice which modifies or terminates said notice upon a showing of good
the Developer or successor in interest.
14. Prior to the recordation of the first final parcel map or the issuance of building
whichever occurs first, the Developer shall prepare and record a Notice that this
may be subject to noise impacts from the proposed or existing Transportation Co
a form meeting the approval of the Planning Director and City Attorney (see No
#1 on file in the Planning Department).
15. Prior to the issuance of building permits, or prior to the approval of a final mi
issuance of certificate of compliance for the conversion of existing apartmenl
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.
Code Reminders
16. The project is subject to all applicable provisions of local ordinances, including E
limited to the following code requirements.
17. Building identification and/or addresses shall be placed on all new and existing ‘
so as to be plainly visible from the street or access road; color of identificatic
addresses shall contrast to their background color.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convel
“fees/exactions.”
You have 90 days from January 20, 1999 to protest imposition of these feedexaction:
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure 1
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
PC RES0 NO. 4465 -6-
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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 1
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions 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 20th day of January, 1991
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heurel
Nielsen, Noble, Savary, and Welshons
NOES:
ABSENT: I ABSTAIN:
COURTNEY HE
CARLSBAD PLANNING COMMISSION
ATTEST:
\
u MICHAEL J. HOLZMILL~!
Planning Director
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