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HomeMy WebLinkAbout2000-03-15; Planning Commission; Resolution 47410 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 I PLANNING COMMISSION RESOLUTION NO. 4741 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 99-12 TO ALLOW THE DEMOLITION OF A TWO-FAMILY RESIDENCE AND CONSTRUCTION OF A NEW TWO UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF GARFIELD STREET AND JUNIPER AVENUE IN THE BEACH AREA OVERLAY ZONE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: DAKMIN CONDOS CASE NO.: SDP 99-12 WHEREAS, Dakmin Inc., “Developer”/”Owner”, has filed a verified applicati with the City of Carlsbad regarding property described as Lot E, Block 2, Palisades Heights, Map 1777 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Developmc Plan as shown on Exhibit(s) “A” - “E” dated March 15, 2000, on file in the Planni Department, DAKMIN CONDOS, SDP 99-12 as provided by Chapter 21.06/Section 21.82.C of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of March, 2000, hc a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimc and arguments, if any, of all persons desiring to be heard, said Commission considered all fact relating to the Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann 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 Plannil Commission APPROVES DAKMIN CONDOS, SDP 99-12 based on t following findings and subject to the following conditions: I 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 0 0 Findinm: - 1. That the requested use is properly related to the site, surroundings and environmen settings, is consistent with the various elements and objectives of the General Plan, u not be detrimental to existing uses or to uses specifically permitted in the area in whi the proposed use is to be located, and will not adversely impact the site, surroundings traffic circulation, in that the proposed project is compatible in use (residential ) a1 appearance (2 story) with the surrounding development; is similar in density to t surrounding development; is consistent with the General Plan designation for t site (Residential - High Density); and is consistent with the applicable developme standards for the site (R-3 Zone, Beach Area Overlay Zone, and Condominiu regulations). 2. That the site for the intended use is adequate in size and shape to accommodate the use, that the project complies with all applicable development standards of the Bea Area Overlay Zone, the R-3 Zone, and the Condominium (Planned UI Development) standards. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjl the requested use to existing or permitted future uses in the neighborhood will provided and maintained, in that the project complies with required setbacks, fent have been provided along the north and west property lines and the project compatible in use, scale and character with the surrounding resident developments. 4. That the street systems serving the proposed use is adequate to properly handle all traf generated by the proposed use, in that the project will generate only 16 ADT to t area which can be adequately accommodated by the existing street system. 5. That the Planning Director has determined that the project belongs to a class of proje that the State Secretary for Resources has found do not have a significant impact on 1 environment, and it is therefore categorically exempt from the requirement for 1 preparation of environmental documents pursuant to Sections 15303 (Class 3) & 153 (Class 4) of the state CEQA Guidelines. In making this determination, the Planti Director has found that the exceptions listed in Section 15300.2 of the state CE( Guidelines do not apply to this project. 6. The Planning Commission finds that the project, as conditioned herein, is conformance with the Elements of the City’s General Plan, based on the facts set forth the staff report dated March 15,2000, including, but not limited to the following: A. Land Use - The project is consistent with the City’s General Plan since proposed density of 12.1 ddac is below the maximum density of 23 du specified for the site as indicated on the Land Use Element of the General P1 and is below the growth control point of 19 ddac. B. Circulation - all the necessary frontage and street improvements curren exist. ~ PC RES0 NO. 4741 -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 0 0 C. Housing - the project is consistent with the Housing Element of the Gene] Plan and the Inclusionary Housing Ordinance as the Developer has be conditoned to pay an inclusionary housing in-lieu fee. D. Public Safety - the project will comply with the Fire Code, Uniform Buildi Code, and State seismic standards. 7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Loc Facilities Management Plan for Zone 1 and all City public facility policies a ordinances. The project includes elements or has been conditioned to construct provide funding to ensure that all facilities and improvements regarding: sewer collecti and treatment; water; drainage; circulation; fire; schools; parks and other recreatiol facilities; libraries; government administrative facilities; and open space, related to 1 project will be installed to serve new development prior to or concurrent with ne Specifically, A. The project has been conditioned to provide proof from the Carlsbad Unifi School District that the project has satisfied its obligation for school facilities. B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, a will be collected prior to issuance of building permit. C. The Public Facility fee is required to be paid by Council Policy No. 17 and will collected prior to the issuance of building permit. D. All necessary pubic improvements have been provided or are required conditions of approval. 8. The Planning Commission has reviewed each of the exactions imposed on the DeveloI contained in this resolution, and hereby finds, in this case, that the exactions are impos to mitigate impacts caused by or reasonably related to the project, and the extent and 1 degree of the exaction is in rough proportionality to the impact caused by the project. 9. That this project could have a potentially significant negative cumulative traf impact on the Palomar Airport Road/El Camino Real intersection. However, t! project has been conditioned to pay its fair share of the “short-term improvemen thereby, guaranteeing implementation of a mitigation measure that reduces 1 potential impact to a level of insignificance. 10. That the project is consistent with the City’s Landscape Manual (Carlsbad Munici Code Section 14.28.020 and Landscape Manual Section I B). Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final m approval (MS 99-1 1). 1. If any of the following conditions fail to occur; or if they are, by their terms, to implemented and maintained over time, if any of such conditions fail to be PC RES0 NO. 4741 -3- 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 e e implemented and maintained according to their terms, the City shall have the right revoke or modify all approvals herein granted; deny or further condition issuance of future building permits; deny, revoke or further condition all certificates of occupan issued under the authority of approvals herein granted; institute and prosecute litigation compel their compliance with said conditions or seek damages for their violation. f vested rights are gained by Developer or a successor in interest by the City’s approval this Site Development Plan. 2. Staff is authorized and directed to make, or require the Developer to make, all correctia and modifications to the SDP 99-12 document(s), as necessary to make them interna consistent and in conformity with the final action on the project. Development sh occur substantially as shown on the approved Exhibits. Any proposed developmt different from this approval, shall require an amendment to this approval. 3. The Developer shall comply with all applicable provisions of federal, state, and loc ordinances in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the paymt of any fees in-lieu thereof, imposed by this approval or imposed by law on this Projc are challenged, this approval shall be suspended as provided in Government Code Secti 66020. If any such condition is determined to be invalid this approval shall be inva unless the City Council determines that the project without the condition complies w all requirements of law. 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend a hold harmless the City of Carlsbad, its Council members, officers, employees, agents, a representatives, from and against any and all liabilities, losses, damages, demands, clai~ and costs, including court costs and attorney’s fees incurred by the City arising, direc or indirectly, from (a) City’s approval and issuance of this Site Development Plan, ( City’s approval or issuance of any permit or action, whether discretionary or nc discretionary, in connection with the use contemplated herein, and Developer/Operator’s installation and operation of the facility permitted here1 including without limitation, any and all liabilities arising from the emission by 1 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 of the S Plan reflecting the conditions approved by the final decision making body. 7. Prior to the issuance of a building permit, the Developer shall provide proof to . Director from the Carlsbad Unified School District that this project has satisfied obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are requil as part of the Zone 1 Local Facilities Management Plan and any amendments made that Plan prior to the issuance of building permits. 9. Building permits will not be issued for this project unless the local agency provid water and sewer services to the project provides written certification to the City t adequate water service and sewer facilities, respectively, are available to the project at PC RES0 NO. 4741 -4- 0 0 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 time of the application for the building permit, and that water and sewer capacity a 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 check reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawi format. 11. This approval is granted subject to the approval of MS 99-11/CP 99-12/CDP 99-33 a is subject to all conditions contained in the Administrative Approval letter a Resolution No. 4742 for those other approvals. 12. The Developer shall pay the public facilities fee adopted by the City Council on July : 1987, (amended July 2, 1991) and as amended from time to time, and any developml fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Munici] Code or other ordinance adopted to implement a growth management system or Facilitj and Improvement Plan and to fulfill the subdivider’s agreement to pay the pub facilities fee dated August 23,1999, a copy of which is on file with the City Clerk and incorporated by this reference. If the fees are not paid, this application will not 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 Landsca and Irrigation Plan showing conformance with the approved Preliminary Landscape PI and the City’s Landscape Manual. The Developer shall construct and install landscaping as shown on the approved Final Plans, and maintain all landscaping in healthy and thnving condition, free from weeds, trash, and debris. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to t landscape plan check process on file in the Planning Department and accompanied by t project’s building, improvement, and grading plans. 15. Prior to the issuance of the building permit, Developer shall submit to the City a Notj of Restriction to be filed in the office of the County Recorder, subject to the satisfacti of the Planning Director, notifying all interested parties and successors in interest that 1 City of Carlsbad has issued a Site Development Plan by Resolution(s) No. 4741 on t real property owned by the Developer. Said Notice of Restriction shall note the propel description, location of the file containing complete project details and all conditions approval as well as any conditions or restrictions specified for inclusion in the Notice Restriction. The Planning Director has the authority to execute and record an amendmt to the notice which modifies or terminates said notice upon a showing of good cause the Developer or successor in interest. 16. The Developer shall pay his fair share for the “short-term improvements” to the Camino Real/ Palomar Airport Road intersection prior to approval of the final n or the issuance of a building permit, whichever occurs first. The amount shall determined by the methodology ultimately selected by Council, including but limited to, an increase in the city-wide traffic impact fee; an increased or new Zon LFMP fee; the creation of a fee or assessment district; or incorporation into a Me Roos taxing district. 11 PC RES0 NO. 4741 -5- 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 11 e e 17. Prior to the issuance of building permits, or prior to the approval of a final map, 1 Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee a per market rate dwelling unit basis. 18. The project is subject to all applicable provisions of local ordinances, including 1 limited to the following code requirements. 19. This approval shall become null and void if building permits are not issued for f project within 18 months from the date of project approval. 20. Approval of this request shall not excuse compliance with all applicable sections of 1 Zoning Ordinance and all other applicable City ordinances in effect at time of buildi permit issuance, except as otherwise specifically provided herein. 21. Addresses, approved by the Building Official, shall be placed on all new and existj buildings so as to be plainly visible fi-om the street or access road; color of identificatj and/or addresses shall contrast to their background color, as required by CarlsE Municipal Code Section 18.04.320. 22. Staff is authorized and directed to make, or require the Developer to make, all correctic and modifications to the Site Development Plan documents, as necessary to make thl internally consistent and in conformity with the final action on the project. Developmi shall occur substantially as shown on the approved Exhibits. Any proposed developml different from this approval, shall require an amendment to this approval. 23. Prior to recordation of the Final Parcel Map, the Site Development Plan shall modified to: a) delete the guest parking space from the rear yard area. The driveway space betwc the garages and street side property line may be utilized and given credit for 1 required guest parking. b) show that the existing driveway approach on Juniper Avenue is to be removed a replaced with parkway, curb and gutter. c) delete the passive common recreation area from the rear yard area and relocate the street side yard area facing Juniper Avenue. 24. The project’s CC&Rs shall include a provision which requires that all resident vehic be parked within the garage unless more than 2 vehicles are owned by the resident. this situation, the other vehicles may be parked in the driveway. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fc dedications, reservations, or other exactions hereafter collectively referred to for convenience “fees/exactions.” PC RES0 NO. 4741 -6- 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 a 0 You have 90 days from date of final approval to protest imposition of these fees/exactions. you protest them, you must follow the protest procedure set forth in Government Code Sectic 66020(a), and file the protest and any other required information with the City Manager f processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to time follow that procedure will bar any subsequent legal action to attack, review, set aside, void, annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactio DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannir zoning, grading or other similar application processing or service fees in connection with tl project; NOR DOES IT APPLY to any feedexactions of which you have previously been giv a NOTICE similar to this, or as to which the statute of limitations has previously othenvj expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the planni Commission of the City of Carlsbad, California, held on the 15th day of March, 2000, by t following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: /L&& 1MU WILLIAM COMPAS, Chairpersdn CARLSBAD PLANNING COMMISSION ATTEST: ~ W MICHAEL J. HOLZMIIYER Planning Director PC RES0 NO. 4741 -7-