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HomeMy WebLinkAbout2000-10-04; Planning Commission; Resolution 48341 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 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. 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 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: 1. 2. 3. 4. 5. 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 PC RBSO NO. 4834 -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 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. PC RESO NO. 4834 -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 3. 4. 5. 6. 7. 8. 9. 10. 11. 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. PC RESO NO. 4834 -4- c ; E c 1c 11 12 13 14 15 1t 17 18 1S 2c 21 22 23 24 25 26 27 28 12. 13. 14. 15. 16. 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- 17. Engineering: 17. 18. 19. 20. 21. 22. 23. 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 PC RESO NO. 4834 -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 24. 25. 26. 27. 28. 29. 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. PC RESO NO. 4834 -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 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: 32. 33. 34. 35. 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. PC RESO NO. 4834 -7- 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 .- 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 PC RESO NO. 4834 -8-