HomeMy WebLinkAbout2000-10-04; Planning Commission; Resolution 48341
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PLANNING COMMISSION RESOLUTION NO. 4834
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 99-17 TO DEMOLISH A SINGLE
FAMILY HOME AND CONSTRUCT A DUPLEX CONDO-
MINIUM LOCATED AT THE NORTHEAST CORNER OF
TAMARACK AVENUE AND GARFIELD STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: PACIFIC BREEZE
CASE NO.: SDP 99-17
WHEREAS, John Zathas, “Developer”/“Owner” has filed a verified application
with the City of Carlsbad regarding property described as
Lot 11 in Block “M” of Palisades, in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No. 1747, tiled in the office of the County Recorder of
San Diego County, February 5,1923.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “H” dated October 4, 2000, on tile in the Planning
Department, PACIFIC BREEZE - SDP 99-17 as provided by Chapter 21.06Section 21.53.120
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of October, 2000,
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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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 Planning
Commission APPROVES PACIFIC BREEZE - SDP 99-17 based on the
following findings and subject to the following conditions:
Findings:
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That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the project site design takes advantage of the longer street
frontage on Tamarack Avenue for access, the project is proposed below the General
Plan density range, however, the building mass is consistent with other
developments within the same neighborhood on similarly sized lots and an increase
in density on the site may require a building mass inconsistent with the surrounding
area, the proposed buildings comply will all of the development standards for the
zone including setbacks and building height and no special elements must be added
to the project to create compatibility with the surroundings.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that lots within the Beach Area Overlay are typically less than 7,500 square feet and
residential densities are at the highest allowed within the City. The site size is 6,011
square feet, the project has been designed to comply with all required development
standards, and the net density is below the General Plan range of 15 - 23 dwelling
units per acre.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project has been designed to comply will all of the
required setbacks for the R-2 zone and there are no additional walls, fences or
landscaping required to adjust the residential use to the surrounding neighborhood.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that Tamarack Avenue is a collector street, designed
to accommodate 500 - 5,000 ADT per day. The project will add 10 ADT more than
existing to the street system since one single family home contributing 10 ADT will
he demolished and a duplex constructed, each contributing 10 ADT for a total of 20
ADT.
The Planning Commission of the City of Carlsbad does hereby find:
A. It has reviewed, analyzed and considered the Negative Declaration for Pacific
Breeze, the environmental impacts therein identified for this project and any
comments thereon prior to APPROVING the project; and
B. The Negative Declaration has been prepared in accordance with requirements of
the California Environmental Quality Act, the State Guidelines and the
Environmental Protection Procedures of the City of Carlsbad; and
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C. It reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
D. Based on the EIA Part II and comments thereon, there is no substantial evidence
the project will have a significant effect on the environment.
6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent 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 facilities.
B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
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 be
collected prior to the issuance of building permit.
7. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
8. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Site Development Plan.
2. This approval is granted subject to the approval of CDP 99-57 and is subject to all
conditions contained in Resolution No. 4835 for those other approvals.
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Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Site Development Plan, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
The Developer shall submit to the Planning Department a reproducible 24” x 36”,
mylar copy of the Site Plan reflecting the conditions approved by the final decision
making body.
Developer shall provide proof to the Director from the School District that this project
has satisfied its obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits, including, but not limited to the
following:
A. Street frontage improvements on Garfield Street are required.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
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Developer shall pay to the City an inclusionary housing impact fee as an individual fee
on a per market rate dwelling unit basis in the amount in effect at the time, as established
by City Council Resolution from time to time.
The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City’s Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
This project is being approved as a site development plan for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 26 days. The CC&Rs for the project shall include this
requirement.
A minor subdivision issued by the City Engineer and a Condominium Permit issued
by the Planning Director must be obtained by the applicant prior to the issuance of
building permits.
The map filed with the State shall be in conformance with this approval for SDP 99-
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Engineering:
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Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
Developer shall comply with the requirements of the City’s anti-graffiti program for wall
treatments if and when such a program is formally established by the City.
Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the “California Storm Water Best
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Management Practices Handbook” to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Prior to occupancy, developer shall complete the curb, gutter and sidewalk along the
Garfield Street project frontage in conformance with City of Carlsbad Standards.
Applicant shall obtain a right-of-way permit prior to completing said work as well as all
other work within the public right-of-way, including, but not limited to, installation of
water service and sewer laterals, curb drains and the driveway approach.
This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.
Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water, recycled water, and sewer system shall be evaluated in detail to ensure that
adequate capacity, pressure, and flow demands can be met to the satisfaction of the
District Engineer.
Developer shall be pay all fees, deposits, and charges for coIlnection to public facilities.
Developer shall pay the San Dieeo Countv Water Authority canacitv charge prior to
meter installation.
The Developer shall install potable water services and meters at a location approved by
the City Engineer. The locations of said services shall be reflected on public improvement
plans.
The Developer shall install sewer laterals and clean-outs at a location approved by the
City Engineer. The locations of said sewer laterals shall be reflected on public
improvement plans.
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30. The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the City Engineer.
31. The Developer shall provide separate potable water meters for each unit.
Code Requirements:
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The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
Addresses, approved by the Building Official, shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of identification
and/or addresses shall contrast to their background color, as required by Carlsbad
Municipal Code Section 18.04.320.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and tile the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 4th day of October, 2000, by the
following vote, to wit:
AYES: Chairperson Compaq Commissioners Baker, L’Heureux, Nielsen,
Segall, and Trigas
NOES:
ABSENT:
ABSTAIN:
Commissioner Heineman
WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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