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HomeMy WebLinkAbout2002-06-19; Planning Commission; Resolution 52191 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. 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. 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 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 PC RES0 NO. 5219 -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 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. PC RES0 NO. 5219 -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 5. 6. 7. 8. 9. 10. 11. 12. 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 PC RES0 NO. 5219 -4- 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 13. 14. 15. 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. .. 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. ... PC RES0 NO. 5219 -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 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. ... PC RES0 NO. 5219 -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 WaterISewer: 25. 26. 27. 28. 29. 30. 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. PC RES0 NO. 5219 -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 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 PC RES0 NO. 5219 -8-