HomeMy WebLinkAbout2004-04-21; Planning Commission; Resolution 56171
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PLANNING COMMISSION RESOLUTION NO. 5617
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
GENERALLY LOCATED ON THE EAST SIDE OF GARFIELD
STREET JUST SOUTH OF CHINQUAPIN AVENUE AT 4016
GARFIELD STREET IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME:
DEVELOPMENT PLAN SDP 03-17 ON PROPERTY
LA CASA DE CORAZON
CASE NO.: SDP 03-17
WHEREAS, Robert K. Hart, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 2 in Block “K” of Palisades, in the City of Carlsbad,
County of San Diego, State of California, According to Map
Thereof No. 1747, filed 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” - “F” dated April 21,2004, on file in the Planning Department,
LA CASA DE CORAZON - SDP 03-17 as provided by Chapter 21.06/Section 21.53.120 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of April 2004 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 LA CASA DE CORAZON - SDP 03-17 based on the following
findings and subject to the following conditions:
Findings:
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 14.52 dwelling units per acre is
compatible with the surrounding residential development and consistent with the
density range allowed under the Residential High Density (RH, 15 - 23 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 14.52 du/ac is consistent with the density range of 15 - 23
du/ac specified for the site as indicated in the Land Use Element of the General
Plan. The project’s proposed density of 14.52 du/ac is below the Growth
Management Control Point density (19 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.
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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-unit apartment project.
6. 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(1)(1) (demolition of
a single-family residence) 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.
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.
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 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. 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.
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.
5617 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 03-34 and is subject to all
conditions contained in Planning Commission Resolution No. 5618 for that other
approval is incorporated herein by reference.
Prior to the issuance of a building permit, the Developer shall pay to the City an
inclusionary housing in-lieu fee as established by City Council Resolution in effect at
the time.
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En Pineering:
General
13. 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.
14. 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.
15. Prior to the issuance of a building permit, the property owner shall enter into an
encroachment agreement with the City for any private improvements proposed within the
public right-of-way such as, but not limited to, storm drain connections, concrete
driveway approach, walkways or planters, utility vaults or relocation of electric
transformer. The developer shall submit plans illustrating that said encroachments will
not interfere with intersection site distance at the driveway entrance per Topic 405 of the
California Department of Transportation Highway Design Manual. The proposed
driveway ramp shall not encroach into the public right-of-way.
FeedAgreements
16. 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 properties.
17. 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 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
Grading
18. 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
project .
Water:
19. 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.
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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 grading 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 grading 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.
Code Reminders:
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Developer shall give all notices of the condominium conversion to all tenants as required
by the Subdivision Map Act and 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.
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.
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 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 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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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 21st day of April 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOBMILBR
Planning Director
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