HomeMy WebLinkAbout2002-01-16; Planning Commission; Resolution 50511
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PLANNING COMMISSION RESOLUTION NO. 5051
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
APARTMENT UNITS ON PROPERTY GENERALLY
LOCATED ON THE NORTH SIDE OF PINE AVENUE IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: AYOUB TRIPLEX
CASE NO.: SDP 00-1 8
WHEREAS, Karnack Architecture, Inc, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Salim Ayoub, “Owner,”
described as
DEVELOPMENT PLAN SDP 00-18 TO CONSTRUCT THREE
That portion of Tract 100 of Carlsbad Lands, in the City of
Carlsbad, County of San Diego, according to Map thereof No.
1661, filed in the Office of the County Recorder of San Diego
County, March 1,1915.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibit(s) “A” - “P” dated January 16, 2002, on file in the Planning
Department, AYOUB TRIPLEX - SDP 00-18 as provided by Chapter 21.06/Section 21.53.120
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of January, 2002,
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 AYOUB TRIPLEX - SDP 00-18 based on the
following findings and subject to the following conditions:
Findings:
1. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303(b), new construction
of four or less units in an urbanized area, of the state CEQA Guidelines. In making
this determination, the Planning Director has found that the exceptions listed in Section
15300.2 of the state CEQA Guidelines do not apply to this project.
2. 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 Unified
School District that the project has satisfied its obligation for school facilities.
B. 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.
3. 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’s density is consistent with the Residential High
General Plan designation for the property; a two-story building is compatible with
surrounding one and two-story buildings; all necessary public streets and utilities
have been constructed, or will be dedicated and a Neighborhood Improvement
Agreement secured for future street improvements, prior to occupancy of any units;
no conflicts with existing easements will result from the development, and no
encroachments into sensitive habitat are proposed on this previously developed site.
4. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed apartment units comply with all development standards of the R-3
zone and Beach Area Overlay Zone (BAOZ) and fits within the existing lot lines,
and property boundaries and will be compatible with existing and future
surrounding multi-family and single family development.
5. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted fbture uses in the neighborhood will be
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provided and maintained, in that the proposed three apartment units comply with all
standards of the R-3 and Beach Area Overlay Zone standards. The project provides
adequate setbacks, parking and complies with the 30 foot building height limit.
6. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that access will be provided by Pine Avenue, a local
street, designed to accommodate the 24 ADT proposed by the project.
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.
Planning:
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
hture 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. 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.
3. The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
4. 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.
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5.
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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. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
This approval is granted subject to the approval of CDP 00-66 and is subject to all
conditions contained in Planning Commission Resolution No. 5052 for those other
approvals incorporated herein by reference.
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.
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.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
Developer shall pay to the City an Inclusionary housing in-lieu 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.
Prior to the issuance of the Site Development Plan, Developer shall submit to the City a
Notice of Restriction to be filed in the office of the County Recorder, subject to the
satisfaction of the Planning Director, notifjmg all interested parties and successors in
interest that the City of Carlsbad has issued a(n) Site Development Plan by Resolution(s)
No. 5051 on the real property owned by the Developer. Said Notice of Restriction shall
note the property description, location of the file containing complete project details and
all conditions of approval as well as any conditions or restrictions specified for inclusion
in the Notice of Restriction. The Planning Director has the authority to execute and
record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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13.
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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.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
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.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
Engineering:
General
18. 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.
19. Prior to issuance of any building permit, 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.
20. 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.
FeedAgreements
21. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
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Grading
22. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit fiom the City Engineer prior to issuance of a building permit for the
project .
Dedicationshinprovements
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Developer shall cause Owner to process a street vacation subject to City processing
and City Council approval for 10 feet of public right-of-way along the project
frontage as shown on the site plan. Said street vacation must be approved and
recorded prior to the issuance of a grading permit.
Developer shall execute and record a city standard development improvement agreement
to install and secure with appropriate security as provided by law, public improvements
shown on the site plan and the following improvements including, but not limited to
A. Sidewalk, driveway approach, curb and gutter, and 6 inch high transitional
B. Sewer lateral, sewer access hole and potable water service line.
C. Water service line with above ground double check valve detector assembly if
asphalt berm;
building fire sprinklers are required by the Fire Department.
Said improvements shall be installed to city standards to the satisfaction of the city
engineer. Improvements listed above shall be constructed within 18 months of
approval of the development improvement agreement or such other time as
provided in said agreement.
Prior to removing or relocating the Eucalyptus tree located within the public right-
of-way fronting Pine Ave., and prior to issuance of a grading permit, the developer
shall obtain a permit to remove or relocate said tree in accordance with the
procedures and standards of Chapter 11.12 of the Carlsbad Municipal Code. If
application for permit to remove or relocate said tree is denied, applicant shall
design and install public sidewalk so as not to harm the tree.
Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6
hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
Prior to the issuance of grading permit or building permit, whichever occurs first,
the applicant shall submit for City approval a ‘‘Storm Water Pollution Prevention
Plan (SWPPP).” The SWPPP shall comply with current requirements and
provisions established by the San Diego Region of the California Regional Water
Quality Control Board. The SWPPP shall address measures to reduce to the
maximum extent possible storm water pollutant runoff at both construction and
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post-construction phases of the project. At a minimum, the Plan shall:
A. Identify existing and post-development on-site pollutants.
B. Recommend source control Best Management Practices (BMPs) to filter said
pollutants.
C. Establish specific procedures for handling spills and routine clean up.
Special considerations and effort shall be applied to resident education on the
proper procedures for handling clean up and disposal of pollutants such as
household products, fluid leaks from cars, etc.
D. Ensure long-term maintenance of all post construct BMPs in perpetuity.
E. Identify how post-development runoff rates and velocities from the site will
not exceed the pre-development runoff rates and velocities for a 10-year, 6-
hour storm event.
28. Prior to occupancy, developer shall install sidewalks along all public streets abutting the
project site in conformance with City of Carlsbad Standards.
29. Prior to the issuance of a building permit, applicant shall cause owner to enter into
an encroachment agreement with the City for a portion of the proposed infiltration
basin and fence encroaching into the 10-foot public utility easement to be retained
from the proposed street vacation.
Carlsbad Municipal Water District Conditions
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Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
The Developer shall install potable water services and meters at a location approved by
the District 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
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
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.
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Code Reminder:
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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.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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 feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file 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 feeslexactions
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 feedexactions 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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C ommis
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
sion of the City of Carlsbad, California, held on the 16th day of January 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Compas, Dominguez,
Heineman, Nielsen, and Segall
NOES:
ABSENT:
ABSTAIN:
SEENA TRIGAS, Chai&on
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HWZWLER
Planning Director
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