HomeMy WebLinkAbout2003-11-05; Planning Commission; Resolution 54831
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PLANNING COMMISSION RESOLUTION NO. 5483
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAIUSBAD, CALIFORNIA, APPROVING SITE
GENERALLY LOCATED AT 4132 GARFIELD STREET IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: GARFIELD POINT
DEVELOPMENT PLAN SDP 03-06 ON PROPERTY
CASE NO.: SDP 03-06
WHEREAS, Sea Bisquit, Inc., “Developer/Owner,” have filed a verified
application with the City of Carlsbad regarding property described as
Lot 2 in Block “V” of Palisades No. 2, in the City of Carlsbad, County
of San Diego, State of California, According to Map Thereof No. 1803,
filed in the Office of the County Recorder of San Diego County,
August 25,1924
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “F” dated October 15, 2003, on file in the Planning
Department, GARFIELD POINT - SDP 03-06 as provided by Chapter 21.06/Section 21.53.120
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of October 2003 and
on the 5th day of November 2003 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 Commission
APPROVES GARFIELD POINT- SDP 03-06 based on the following findings
and subject to the following conditions:
1. 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 proposed density of 9.1 dwelling units per acre is
compatible with the surrounding residential development and within the density
range allowed under the Residential Medium-High (RMH; 8 - 15 dwelling units per
acre) General Plan Land Use designation, and all facilities necessary to serve the
proposed development will be in place prior to, or concurrent with, development.
2. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, based on the facts set forth in
the staff report dated, including, but not limited to the following:
a. Land Use - The project is consistent with the City’s General Plan since the
proposed density of 9.1 du/ac is within the density range of 8-15 du/ac specified
for the site as indicated in the Land Use Element of the General Plan. The
project’s proposed density of 9.1 du/ac is below the Growth Management Control
Point density (11.5 du/ac) used for the purpose of calculating the City’s
compliance with Government Code Section 65584. However, consistent with
Program 3.8 of the City’s certified Housing Element, all of the dwelling units,
which were anticipated toward achieving the City’s share of the regional housing
need that are not utilized by developers in approved projects, are deposited in the
City’s Excess Dwelling Unit Bank. These excess dwelling units are available for
allocation to other projects. Accordingly, there is no net loss of residential unit
capacity and there are adequate properties identified in the Housing Element
allowing residential development with a unit capacity, including second dwelling
units, adequate to satisfy the City’s share of the regional housing need.
3. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project site can accommodate the proposed residential development while
complying with all development standards and public facility requirements
applicable to the project.
4. 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 proposed residential development will be
surrounded by solid masonry walls and/or landscaping and is compatible with the
surrounding single-family and multi-family land uses.
5. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project is served by Tamarack Avenue, a
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collector street, and Garfield Street, a local street. No adverse impacts due to traffic
circulation will occur as a result of this two-family dwelling project.
6. 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.
7. 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 Sections 15301 (demolition of
accessory structures) and 15332 (infill development projects) 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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever occurs first.
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. 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 indemnifl, 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. This obligation survives
until all legal proceedings have been concluded and continues even if the City’s approval
is not validated.
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.
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.
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. Note: A note to this
effect shall be placed on the Parcel Map.
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 Resolutions No.
5483 on the property. 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.
This approval is granted subject to the approval of CDP 03-20 and is subject to all
conditions contained in Planning Commission Resolution No. 5482 for those other
approvals incorporated herein by reference. This approval is also granted subject to
administrative approval of MS 03-05 and PUD 03-03.
Prior to the issuance of a building permit, the Developer shall pay to the City an
inclusionary housing impact fee as established by City Council Resolution in affect
at the time.
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13. Prior to the issuance of a building permit, the Developer shall submit to the
Planning Department revised drawings indicating the removal of the trellis entry
feature.
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 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 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 5th day of November 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners, Heineman, Segall, and White
NOES: Commissioners Dominguez, Montgomery, and Whitton
ABSENT: None
ABSTAIN: None
R, Chairperson
AD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOL~ILLI?~
Planning Director
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