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HomeMy WebLinkAbout2006-12-06; Planning Commission; Resolution 62011 PLANNING COMMISSION RESOLUTION NO. 6201 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 THREE-STORY ONE-FAMILY 5 DWELLING WITH AN ATTACHED GARAGE AND AN ATTACHED DECK ON THE BACK PORTION OF A 6 0.20-ACRE LOT LOCATED ON THE NORTHEAST CORNER OF CHESTNUT AVENUE AND ROOSEVELT STREET 7 LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: SAND WELL RESIDENCE 8 CASE NO.: SDP 06-08 9 WHEREAS, David J. Sanchvcll and Barbara A. Sandwell, "Developers/ 10 Owners," have filed a verified application with the City of Carlsbad regarding property described 12 as 13 Lots 1 and 2 of and the south half of Lot 3, Block 42, in the City of Carlsbad, County of San Diego, State of California, 14 according to map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2,1888 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Site Development 18 Plan as shown on Exhibits "A" - "H" dated December 6, 2006, on file in the Planning 19 Department, SDP 06-08 - SANDWELL RESIDENCE, as provided by Chapter 21.06/Section 20 21.53.120 of the Carlsbad Municipal Code; and 21 22 WHEREAS, the Planning Commission did, on the 6th day of December, 2006, 23 hold a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the Site Development Plan. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Planning 3 Commission APPROVES SDP 06-08 - SANDWELL RESIDENCE, based on the following findings and subject to the following conditions:4 Findings; 6 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 7 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 consists of the construction of a new 9 2,224-square-foot three-story one-family dwelling with an attached 638-square-foot garage and 664-square-foot deck on the back portion of a 0.20-acre lot located on 10 the northeast corner of Chestnut Avenue and Roosevelt Street. The project site is currently developed with a one-story one-family dwelling located on the front portion of the lot. The project is compatible with existing and proposed single- 12 family residences will not negatively impact traffic circulation. 13 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project complies with all development standards of the Residential Professional (R-P) Zone including lot size, setbacks, building height, lot coverage, .. and parking without requiring any variances. 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 17 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 * ° neighborhood. 19 4. That the street systems serving the proposed use is adequate to properly handle all traffic 20 generated by the proposed use, in that the existing street system will be adequate to handle the 10 ADT generated by the addition of a second one-family dwelling. 21 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 22 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 24 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 25 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. 28 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. PCRESONO. 6201 -2- c. The Local Facilities Management fee for Zone 1 is required by Carlsbad 2 Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 3 6. That the Planning Director has determined that the project belongs to a class of projects 4 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 Section 15303(a) (construction of 5 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 7 exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. o 7. 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 10 the staff report dated December 6, 2006, including but not limited to the following: The proposed density of 10 dwelling units per acre is within the RMH density range of 11 8-15 du/ac, but is slightly below the Growth Management Control Point (GMCP) of 11.5 dwelling units per acre used for the purpose of calculating the City's compliance with Government Code Section 65863. At the GMCP, 2.30 units would be permitted on the 0.20-acre (net developable) property and the project is proposing two dwelling units. However, consistent with Program 3.8 of the City's 14 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, including fractional units, 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 17 capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling 18 units, adequate to satisfy the City's share of the regional housing need. 8. 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 21 degree of the exaction is in rough proportionality to the impact caused by the project. 22 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of 24 building permit. 25 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 26 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 28 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 PC RESO NO. 6201 -3- conditions or seek damages for their violation. No vested rights are gained by Developer 2 or a successor in interest by the City's approval of this Site Development Plan. 3 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 c shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 6 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 1 regulations in effect at the time of building permit issuance. g 4. If any condition for construction of any public improvements or facilities, or the payment 9 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 10 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. 12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 14 and costs, including court costs and attorney's fees incurred by the City arising, directly 1 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 16 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 17 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 i o approval is not validated. 20 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. 21 ^ 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 23 obligation to provide school facilities. 24 8. 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. 26 9. Building permits will not be issued for this project unless the local agency providing 27 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 2° 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. PCRESONO. 6201 -4- 10. This approval shall become null and void if building permits are not issued for this 2 project within 24 months from the date of project approval. 3 11. At issuance of building permits, the Developer shall pay to the City an inclusionary housing impact fee as an individual fee on a per market rate dwelling unit basis in the 4 amount in effect at the time, as established by City Council Resolution from time to time. 12. Prior to the issuance of the building permit, Developer shall submit to the City a Notice 6 of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning 7 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Permit by Resolution No. 6201 on the property. Said Notice of Restriction shall note the property description, location of the file o 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 10 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 11 or successor in interest. 12 13. Prior to the issuance of the building permit, Developer shall submit evidence to the 13 satisfaction of the Planning Director, prepared under the supervision of a certified acoustical consultant that the project complies with the requirements of the 14 Carlsbad Noise Guidelines Manual to ensure that the 60 dB(A) maximum exterior noise level and 45 dB(A) maximum interior noise level standards are met. lg 14. Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing 17 Transportation Corridor (railroad), in a form meeting the approval of the Planning Director and the City Attorney. 18 .„ Engineering: 20 15. 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 21 for the proposed haul route. 22 16. Developer shall install sight distance corridors at all street intersections in accordance 23 with Engineering Standards. 24 17. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed 25 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 27 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: 28 PC RESO NO. 6201 -5- a. All owners and tenants shall coordinate efforts to establish or work with 2 established disposal programs to remove and properly dispose of toxic and hazardous waste products. 3 b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 4 antifreeze, solvents, paints, paint thinners, wood preservatives, and other such f. 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, 6 herbicides, insecticides, fertilizers, and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective 7 containers. g c. Best Management Practices shall be used to eliminate or reduce surface pollutants 9 when planning any changes to the landscaping and surface improvements. 10 18. Prior to the issuance of a building permit, a Certificate of Compliance shall be processed and approved through the City to be filed for record with the county recorder. 12 19. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 13 for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. 14 20. The Developer shall install potable water and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement 16 Plans- 17 21. 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 public 18 improvement plans. 1" 22. This project is approved upon the express condition that building permits will not be 2Q 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 21 occupancy. 22 Code Reminders; 23 23. Approval of this request shall not excuse compliance with all applicable sections of the 24 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 25 24. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 26 Code Section 18.04.320. 27 25. Any signs proposed for this development shall at a minimum be designed in conformance 2g with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. PCRESONO. 6201 -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 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 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 6th day of December, 2006, by the following vote, to wit: AYES: NOES: Chairperson Montgomery, Commissioners Baker, Dominguez, Heineman, Segall, and Whitton ABSENT: Commissioner Cardosa ABSTAINi MARTELL B. MONlGOMER^hairperson CARLSBAD PLANNING COMMISSION DONNEU Assistant Planning Director PCRESONO. 6201 -7-