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HomeMy WebLinkAbout2006-09-06; Planning Commission; Resolution 61591 PLANNING COMMISSION RESOLUTION NO. 6159 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN TO ALLOW FOR THE 4 CONSTRUCTION OF A NEW 484-SQUARE-FOOT 5 ATTACHED TWO-CAR GARAGE TO AN EXISTING ONE- STORY SINGLE-FAMILY RESIDENCE THAT WILL REMAIN 6 ON THE FRONT PORTION OF THE LOT AND THE CONSTRUCTION OF A NEW 2,196-SQUARE-FOOT TWO- 7 STORY SINGLE-FAMILY RESIDENCE WITH A 616-SQUARE-FOOT ATTACHED THREE-CAR GARAGE 8 AND A 288-SQUARE-FOOT ATTACHED WORKSHOP ON 9 THE BACK PORTION OF A 0.40-ACRE LOT LOCATED ON THE SOUTH SIDE OF OAK AVENUE BETWEEN PIO PICO 10 DRIVE AND HIGHLAND DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. 11 CASE NAME: WETTSTEAD RESIDENCE 12 CASE NO.: SDP 06-01 13 WHEREAS, Brooks Worthing, "Developer," has filed a verified application 14 with the City of Carlsbad regarding property owned by Dean Mast, "Owner," described as 15 The northwesterly half of Lot 4 of Tracts 114 and 120 of 16 Carlsbad Lands in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1744, filed in 17 the Office of the County Recorder of San Diego County, January 3, 1923, the southeasterly boundary line of which is parallel with the southeasterly boundary line of said Lot 4 19 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Site Development 21 _« Plan as shown on Exhibits "A" - "J" dated September 6, 2006, on file in the Planning 23 Department, SDP 06-01 - WETTSTEAD RESIDENCE, as provided by Chapter 21.06/Section 24 21.53.120 of the Carlsbad Municipal Code; and 25 WHEREAS, the Planning Commission did, on the 6th day of September, 2006, 26 hold a duly noticed public hearing as prescribed by law to consider said request; and 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Site Development Plan. 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Planning 9 Commission APPROVES SDP 06-01 - WETTSTEAD RESIDENCE based on the following findings and subject to the following conditions: 10 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 13 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 14 traffic circulation, in that the project consists of the construction of a new attached 484-square-foot two-car garage for an existing one-story single-family residence and 5 the construction of a new 2,196-square-foot two-story single-family residence with a I g 616-square-foot attached three-car garage and a 288-square-foot attached workshop on an existing lot which results in a project density of 5 dwelling units per acre; 17 therefore, the project is consistent with the property's RM General Plan Land Use designation; the project is compatible with existing and future single-family, 18 multiple family, and office development in the area; and the ADT generated by the 1Q existing and proposed single-family residences will not negatively impact traffic circulation. 20 2. That the site for the intended use is adequate in size and shape to accommodate the use, in 21 that the project complies with all development standards of the Residential Density- Multiple Zone (RD-M) and the Qualified Development Overlay Zone (Q) including 22 setbacks, lot coverage, parking, and height restrictions without requiring any », variances. 24 3. 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 25 provided and maintained, in that the project complies with all required yards, setbacks, wall and fence heights, and will not impact permitted future uses in the 26 neighborhood. 27 4. That the street systems serving the proposed use is adequate to properly handle all traffic 28 generated by the proposed use, in that the existing street system will be adequate to handle the 10 ADT generated by the new single-family dwelling. PCRESONO. 6159 -2- The project is consistent with the Citywide Facilities and Improvements Plan, the Local 2 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 3 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 t- project will be installed to serve new development prior to or concurrent with need. Specifically, 6 a. The project has been conditioned to provide proof from the Carlsbad Unified 7 School District that the project has satisfied its obligation for school facilities. g b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be 9 collected prior to the issuance of building permit. 10 c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 12 6. That the Planning Director has determined that the project belongs to a class of projects 13 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 14 preparation of environmental documents pursuant to Section 15303(a) (construction of up to three single-family residences 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. 17 7. The Planning Commission has reviewed each of the exactions imposed on the Developer 18 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; 21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 22 building permit. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 24 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 25 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; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 28 or a successor in interest by the City's approval of this Site Development Plan. PCRESONO. 6159 -3- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 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 3 shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 4 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 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 9 unless the City Council determines that the project without the condition complies with all requirements of law. 10 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 1 1 harmless the City of Carlsbad, its Council members, officers, employees, agents, and 12 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 13 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 14 nondiscretionary, 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 17 approval is not validated. 1 o 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 20 7. 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. 22 8. This project shall comply with all conditions and mitigation measures which are required 23 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 24 9. 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 27 facilities will continue to be available until the time of occupancy. 28 10. 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. PCRESONO. 6159 -4- 11. At issuance of building permits, the Developer shall pay to the City an inclusionary 2 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. 3 12. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is c 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 6 Carlsbad has issued a Site Development Permit by Resolution No. 6159 on the property. Said Notice of Restriction shall note the property description, location of the file 7 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 9 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 10 13. Prior to the issuance of the building permit, Developer shall submit an acoustical analysis complying with the City requirements of the Carlsbad Noise Guidelines 12 Manual to ensure that 60 dB(A) exterior noise level and 45 dB(A) interior noise level standards are met. 13 Engineering: 14 14. 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 1 g for the proposed haul route. 17 15. 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 18 formally established by the City. 19 16. Unless specifically allowed, no variance from City Standards is authorized by virtue - „ of approval of this Site Development Plan. 2i 17. 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. 22 18. Developer shall cause property owner to execute and submit to the City Engineer for 23 recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage.24 B 19. The improvement for private storm drain within public Right of Way will require an encroachment agreement to be recorded prior to issuance of building permits. 26 20. Developer shall cause property owner to enter into a Neighborhood Improvement 27 Agreement with the City on a City Standard form for the future public improvement of Oak Avenue along the subdivision frontage for a half street width of 40 feet. Public 28 improvements shall include but are not limited to undergrounding or utility relocation, PCRESONO. 6159 -5- clearing and grubbing, grading, base, paving, curb and gutter, sidewalk and street 2 lights. 3 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 4 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 5 on a form provided by the City Engineer. 7 22. Based upon a review of the proposed grading and the grading quantities shown on the development 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. 23. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent 11 with any grading or building permit. 12 24. Developer shall comply with the City's requirements of the National Pollutant Discharge j 3 Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best 14 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 15 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 18 hazardous waste products. 19 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 22 Federal, State, County, and City requirements as prescribed in their respective containers. 23 c. Best Management Practices shall be used to eliminate or reduce surface pollutants 24 when planning any changes to the landscaping and surface improvements. 25 25. Building permits will not be issued for development of the subject property unless the 26 appropriate agency determines that sewer and water facilities are available. 97 26. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on 2g the development site plan are for planning purposes only. Developer shall pay traffic PCRESONO. 6159 -6- impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of 2 Carlsbad Municipal Code, respectively. 3 27. Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building 4 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. 28. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 7 for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. 8 29. The Developer shall install the potable water service and meter at a location approved by " the District Engineer. 30. The Developer shall install 1 sewer lateral and clean-out at a location approved by the 11 District Engineer. The sewer lateral location shall be reflected on public improvement plans. 12 31. The Developer shall provide separate potable water meter for each separately owned unit. 13 The locations of said service shall be reflected on public improvement plans. 14 32. 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 16 occupancy. A note to this effect shall be placed on the, as non-mapping data. 17 33. Prior to approval, Developer shall install 1 potable water meter for residential use. 18 34. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time building permits are issued, including but not limited to the following: 20 Developer shall exercise special care during the construction phase of this project to 21 prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the 22 City Engineer. 23 35. Developer shall pay park-in-lieu fees to the City prior to the approval of the final map as 24 required by Chapter 20.44 of the Carlsbad Municipal Code. 25 36. 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 2" permit issuance, except as otherwise specifically provided herein. 27 37. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 28 Code Section 18.04.320. PCRESONO. 6159 -7- 1 NOTICE 2 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 g annul their imposition. 9 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 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 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 6th day of September, 2006, by the following vote, to wit: 16 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall, and Whitton 18 NOES: 19 ABSENT: 20 ABSTAIN:21 22 23 MARTELL B. MONTjFOMERYfOtairperson CARLSBAD PLANNING COMMISSION 24 25 ATTEST: 26 27 DON NEU Assistant Planning Director28 PCRESONO. 6159 -8-