HomeMy WebLinkAbout1999-09-15; Planning Commission; Resolution 4636l a
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1 /I PLANNING COMMISSION RESOLUTION NO. 4636
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 99-08 TO ALLOW THE
DEMOLITION OF A TWO-FAMILY RESIDENCE AND
CONSTRUCTION OF A NEW TWO UNIT CONDOMINIUM
PROJECT ON PROPERTY GENERALLY LOCATED AT THE
NORTHEAST CORNER OF CHESTNUT AVENCTE AND
CARLSBAD BOULEVARD IN THE BEACH AREA OVERLAY
ZONE IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: CHESTNUT CONDOS
CASE NO.: SDP 99-08
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WHEREAS, Barry Blue, “Developer” and “Owner”, has filed a
application with the City of Carlsbad regarding property described as
12 /I Lot 4, Block “B”, Palisades, City of Carlsbad
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WHEREAS, said verified application constitutes a request for a Site Dev 14
(‘‘the Property”); and
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Plan as shown on Exhibit(s) “A” - “I” dated September 15, 1999, on file in the 15
Department, CHESTNUT CONDOS, SDP 99-08 as provided by Chapter 21.0
l7 11 21.53.120 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 15th day of Septemb
hold a duly noticed public hearing as prescribed by law to consider said request; and
21 WHEREAS, at said public hearing, upon hearing and considering all t
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and arguments, if any, of all persons desiring to be heard, said Commission considered 2
’ relating to the Site Development Plan.
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WHEREAS, on September 15,1999, the Planning Commission appro
99-08 , as described and conditioned in Planning Commission Resolution No. 4636.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the ;
Commission APPROVES CHESTNUT CONDOS, SDP 99-08 basec
following findings and subject to the following conditions:
Findinps:
1. That the requested use is properly related to the site, surroundings and envil
settings, is consistent with the various elements and objectives of the General I
not be detrimental to existing uses or to uses specifically permitted in the area
the proposed use is to be located, and will not adversely impact the site, surrou:
traffic circulation, in that the proposed project is compatible in appearance
surrounding development, is similar in density to the surrounding develol
consistent with the General Plan designation for the site (Residential
Density), is consistent with the applicable development standards for the
Zone, Beach Area Overlay Zone, and Condominium regulations).
10 2. That the site for the intended use is adequate in size and shape to accommodate t‘
Area Overlay Zone, the R-3 Zone, and the Condominium (Plannl 11
Development) standards (except as identified under AV 99-06). 12
that the project complies with all applicable development standards of tl
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3. That all yards, setbacks, walls, fences, landscaping, and other features necessary
the requested use to existing or permitted future uses in the neighborhood
provided and maintained, in that the project complies with required setbacks
as identified under AV 99-06), walls and fences have been provided along t:
and west property lines, the project is landscaped consistent with th
Landscape Manual and the project is compatible in use, scale and charac
the surrounding residential developments.
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5. That the project is consistent with the City’s Landscape Manual (Carlsbad N 20
area which can be adequately accommodated by the existing street system.
7. The project has been conditioned to pay any increase in public facility fee,
24 construction tax, or development fees, and has agreed to abide by and a
requirements established by a Local Facilities Management Plan prepared pur
25 Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail2
public facilities and will mitigate any cumulative impacts created by the project. 26
27 8. The Planning Commission finds that the project, as conditioned hereiI
conformance with the Elements of the City’s General Plan, based on the facts sei
28 the staff report dated September 15,1999, including, but not limited to the follov
4. That the street systems serving the proposed use is adequate to properly handle :
generated by the proposed use, in that the project will generate only 16 AD’
Code Section 14.28.020 and Landscape Manual Section I B).
6. This project has been conditioned to comply with any requirement approved as p;
Local Facilities Management Plan for Zone 1.
PC RES0 NO. 4636 -2-
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A. Land Use - The project is consistent with the City’s General Plan
proposed density of 15.32 ddac is within the density range of 15 -
specified for the site as indicated on the Land Use Element of the Gen
and is below the growth control point of 19.
B. Circulation - all the necessary frontage and street improvements l
exist .
C. Housing - the project is consistent with the Housing Element of the
Plan and the Inclusionary Housing Ordinance as the Developer 1
conditoned to pay an inclusionary housing in-lieu fee.
D. Public Safety - the project will comply with the Fire Code, Uniform
Code, and State seismic standards.
9. The project is consistent with the City-Wide Facilities and Improvements Plan,
Facilities Management Plan for Zone 1 and all City public facility pol
ordinances. The project includes elements or has been conditioned to cor
provide funding to ensure that all facilities and improvements regarding:
collection and treatment; water; drainage; circulation; fire; schools; parks a
recreational facilities; libraries; government administrative facilities; and opr
related to the project will be installed to serve new development prior to or c(
with need Specifically,
A. The project has been conditioned to provide proof from the Carlsbad
School District that the project has satisfied its obligation for school facilj
B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 2(
will be collected prior to issuance of building permit.
C. The Public Facility fee is required to be paid by Council Policy No. 17 an
collected prior to the issuance of building permit.
D. All necessary pubic improvements have been provided or are req
conditions of approval.
10. The Planning Commission has reviewed each of the exactions imposed on the D
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts caused by or reasonably related to the project, and the exten
degree of the exaction is in rough proportionality to the impact caused by the pro:
11. That this project could have a potentially significant negative cumulativc
impact on the Palomar Airport Road/El Camino Real intersection. Howey
project has been conditioned to pay its fair share of the “short-term improvl
thereby, guaranteeing implementation of a mitigation measure that red1
potential impact to a level of insignificance.
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PC RES0 NO. 4636 -3 -
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the is
a building permit.
1. If any of the following conditions fail to occur; or if they are, by their ter
implemented and maintained over time, if any of such conditions fail
implemented and maintained according to their terms, the City shall have th
revoke or modify all approvals herein granted; deny or fkrther condition issua
future building permits; deny, revoke or further condition all certificates of c
issued under the authority of approvals herein granted; institute and prosecute lit
compel their compliance with said conditions or seek damages for their viol
vested rights are gained by Developer or a successor in interest by the City’s a1
this Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all cc
and modifications to the SDP 99-08 document(s), as necessary to make them
consistent and in conformity with the final action on the project. Developn
occur substantially as shown on the approved Exhibits. Any proposed de\
different from this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state,
ordinances in effect at the time of building permit issuance.
4. 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 thi
are challenged, this approval shall be suspended as provided in Government Cod
66020. If any such condition is determined to be invalid this approval shall b
unless the City Council determines that the project without the condition comr
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, de
hold harmless the City of Carlsbad, its Council members, officers, employees, a2
representatives, from and against any and all liabilities, losses, damages, demanc
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 Site Development
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein,
Developer/Operator’s installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emissio:
facility of electromagnetic fields or other energy waves or emissions.
6. The Developer shall submit to the City a reproducible 24” x 36”, mylar copy 0:
Plan reflecting the conditions approved by the final decision making body. The
shall reflect the conditions of approval by the City. The Plan copy shall be sub
the City Engineer and approved prior to building, grading, final map, or imp]
plan submittal, whichever occurs first.
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7. Prior to the issuance of a building permit, the Developer shall provide prc
Director from the School District that this project has satisfied its obligation t
school facilities.
8. This project shall comply with all conditions and mitigation measures which art
as part of the Zone 1 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
9. Building permits will not be issued for this project unless the local agency :
water and sewer services to the project provides written certification to the
adequate water service and sewer facilities, respectively, are available to the pro;
time of the application for the building permit, and that water and sewer cap,
facilities will continue to be available until the time of occupancy.
10. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of all approving resolution(s) in a 24” x 36” blueline
format. Said blueline drawing(s) shall also include a copy of any applicabh
Development Permit and signed approved site plan.
11. This approval is granted subject to the approval of MS 99-02/CP 99-07/CDP 95
99-06 and is subject to all conditions contained in the Administrative Appro1
and Resolution No. 4637, and 4641 for those other approvals.
12. 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 devt
fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad h,
Code or other ordinance adopted to implement a growth management system or I
and Improvement Plan and to fulfill the subdivider’s agreement to pay th.
facilities fee dated April 2, 1999, a copy of which is on file with the City Cler
incorporated by this reference. If the fees are not paid, this application wil
consistent with the General Plan and approval for this project will be void.
13. The Developer shall submit and obtain Planning Director approval of a Final Lz
and Irrigation Plan showing conformance with the approved Preliminary Landsc
and the City’s Landscape Manual. The Developer shall construct and ir
landscaping as shown on the approved Final Plans, and maintain all landscap
healthy and thriving condition, fi-ee fi-om weeds, trash, and debris.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuan
landscape plan check process on file in the Planning Department and accompanie
project’s building, improvement, and grading plans. I
15. 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 interest
City of Carlsbad has issued a Site Development Plan by Resolution(s) No. 463(
real property owned by the Developer. Said Notice of Restriction shall note the I
description, location of the file containing complete project details and all condi
approval as well as any conditions or restrictions specified for inclusion in the N 1 PC RES0 NO. 4636 -5-
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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.
16. The Developer shall pay his fair share for the “short-term improvements”
Camino Real/ Palomar Airport Road intersection prior to approval of the
or the issuance of a building permit, whichever occurs first. The amoun
determined by the methodology ultimately selected by Council, includin
limited to, an increase in the city-wide traffic impact fee; an increased or nc
LFMP fee; the creation of a fee or assessment district; or incorporation inh
Roos taxing district.
17. Prior to the issuance of building permits, or prior to the approval of a final m;
issuance of certificate of compliance for the conversion of existing apartmen
space condominiums, the Developer shall pay to the City an inclusionary housir
fee as an individual fee on a per market rate dwelling unit basis.
18. Prior to issuance of a building permit, the owner shall submit an acoustical
which demonstrates that the architectural plans comply with the State of C
interior noise standard of 45 CNEL. The architectural plans shall incorpa
additional measures (thicker glazing, sound absorption material, shielding
or artificial circulation system) to attenuate the noise to an acceptable level
windows are required to be unopenable or kept closed in order to meet the
noise standards, mechanical ventilation and cooling, if necessary, shall be :
to maintain a habitable environment. The system shall supply two air cha
hour to each habitable room including 20% (one-fifth) fresh make-up air 4
directly from the outdoors. The fresh air inlet duct shall be of sound attc
construction and shall consist of a minimum of ten feet of straight or curvec
six feet plus one sharp 90’ bend.
Code Reminders
19. The project is subject to all applicable provisions of local ordinances, inch
limited to the following code requirements.
20. This approval shall become null and void if building permits are not issued
project within 18 months from the date of project approval.
21. 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.
22. Addresses, approved by the Building Official, shall be placed on all new and
buildings so as to be plainly visible from the street or access road; color of iden
and/or addresses shall contrast to their background color, as required by
Municipal Code Section 18.04.320.
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PC RES0 NO. 4636 .6-
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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 date of final approval to protest imposition of these feedexac
you protest them, you must follow the protest procedure set forth in Government Cod!
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 J
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 be
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 15th day of September,
the following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heurel
Nielsen, Segall, and Welshons
NOES:
ABSENT: Commissioner Trigas
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
~ Planning Director
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