HomeMy WebLinkAbout2002-06-19; Planning Commission; Resolution 52191
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PLANNING COMMISSION RESOLUTION NO. 5219
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
FAMILY DWELLING PROJECT ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF GARFIELD
STREET BETWEEN ACACIA AVENUE AND JUNIPER
AVENUE IN LOCAL, FACILITIES MANAGEMENT ZONE 1.
CASE NAME: GARFIELD STREET HOMES
CASE NO.: SDP 01-14
WHEREAS, James Chin, “Developer,” has filed a verified application with the
City of Carlsbad regarding property owned by Richard Woolsey, Lance Nowak, Thomas
Hurley and Monetta Allison, “Owner,” described as
DEVELOPMENT PLAN SDP 01-14 TO CONSTRUCT A TWO-
Lot 11 of Block “0” of Palisades, in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 1747, filed in the OMice 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” - “G” dated June 19,2002, on file in the Planning Department,
GARFIELD STREET HOMES - SDP 01-14 as provided by Chapter 21.06/Section 21.53.120
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of June, 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 GARFIELD STREET HOMES - SDP 01-14 based
on the following findings and subject to the following conditions:
Findinvs:
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 fiom the requirement for the
preparation of environmental documents pursuant to Section 15303(b), new construction
of six 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 two-family dwelling project complies 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 two-family dwelling project complies
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 Garfield Street, a
local street, designed to accommodate the 12 ADT proposed by the project.
7. 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.
8. All findings of Resolution No. 5220 for CDP 01-41 are incorporated herein by reference.
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 modi@ 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. 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 f?om 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 DeveloperDperator 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)
DeveloperDperator'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 01-41 and is subject to all
conditions contained in Planning Commission Resolution No. 5220 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.
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, notifying all interested parties and successors in
interest that the City of Carlsbad has issued a Site Development Plan by Resolution No.
5219 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.
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
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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 Ad void if building permits are not issued for this
project within 24 months from the date of project approval.
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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:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed tentative map, must be met prior to approval of a building or
grading permit whichever occurs first.
General
16. 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.
17. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-grafiti program for wall treatments if and when such a program is
formally established by the City.
18. 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
19. 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.
20. 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
21. 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 from the City Engineer prior to issuance of a building permit for the
proj ect .
Coastal Conditions
22. If a Grading Permit is required, all grading activities shall be planned in units that can be
completed by October 1st. Grading activities shall be limited to the "dry season", April
1st to October 1st of each year. Grading activities may be extended to November 15th
upon written approval of the City Engineer, obtained in advance, and only if all erosion
control measures are in place by October 1st.
DedicationsLImprovements
23. 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
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.
24. Prior to removing the Eucalyptus tree within the proposed driveway, the applicant
shall obtain a right-of-way permit for such removal and replace the tree with a 24"
box Camphor tree or similar species in a valid location subject to the approval of
the Public Works Manager - General Services Division.
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WaterISewer:
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Prior to issuance o If builc iing 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 and recycled water services and meters at a
location approved by the District Engineer.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer.
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 District
Engineer.
The Developer shall provide separate potable water meters for each separately owned
unit.
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.
Code Reminder:
31. 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.
32. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
33. 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.
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 fiom 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.
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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 feedexactions
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
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 19th day of June 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
SEENA TRIGAS, ChairpeAon
CARLSBAD PLANNING COMMISSION
ATTEST:
IAAAdyLD-
MICHAEL J. HMZMIUER
Planning Director
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