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HomeMy WebLinkAbout2007-08-15; Planning Commission; Resolution 63261 PLANNING COMMISSION RESOLUTION NO. 6326 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 2,596 SQUARE FOOT TWO- STORY ONE-FAMILY DWELLING ON PROPERTY LOCATED ON THE SOUTH SIDE OF OAK AVENUE 6 BETWEEN PIO PICO DRIVE AND HIGHLAND DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. 7 CASE NAME: O'GARA DEVELOPMENT CASE NO.: SDP 06-09 o 9 WHEREAS, Michael D. O'Gara & Vicki B. O'Gara, "Developer/Owner," has 10 filed a verified application with the City of Carlsbad regarding property described as ^ The northwesterly half of Lot 5 of subdivision of Tracts 114 12 and 120 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13 1744 filed in the Office of the County Recorder of San Diego County, January 3,1923 14 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Site Development 17 Plan as shown on Exhibits "A" - "I" dated August 15,2007, on file in the Planning Department, 18 SDP 06-09 - O'GARA DEVELOPMENT as provided by Chapter 21.06/Section 21.53.120 of 19 the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on the 15th day of August, 2007, 21 hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 75 relating to the Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning 2 Commission APPROVES SDP 06-09 - O'GARA DEVELOPMENT based on the following findings and subject to the following conditions: 3 Findings:4 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 7 traffic circulation, in that the project consists of the construction of a new 2,596 square foot two-story one-family residence with a 792 square foot attached garage ° and a 493 square foot attached second dwelling unit on a proposed 8,362 square foot lot and results in a project density of 4.76 dwelling units per acre; therefore, the project is consistent with the property's RM General Plan Land Use designation; is 10 compatible with existing and future single-family, multiple family, and office development in the area, and the ADT generated by the existing and proposed one- 1 family residence will not negatively impact traffic circulation. 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 applicable development standards including setbacks, lot coverage, parking and height restrictions without requiring any 14 variances. 15 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 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. 18 4. That the street systems serving the proposed use is adequate to properly handle all traffic 19 generated by the proposed use, in that the existing street system will be adequate to handle the additional 10 ADT generated by the new single-family dwelling. 5. 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 22 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection 23 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. 25 Specifically, 26 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. PC RESO NO. 6326 -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 up to three single-family residences in an urbanized area) of the state CEQA Guidelines since the project is only constructing one additional one-family dwelling unit 7 for a total project of two dwelling units and Section 15315 (Class 15) (division of property in urbanized areas zoned for residential use into four or fewer parcels) The project is exempt since the project consists of the subdivision of one parcel into three n parcels. 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 10 project. 11 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 i -> degree of the exaction is in rough proportionality to the impact caused by the project. 14 Conditions: 15 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 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 18 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; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 21 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. 22 . 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 24 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, 25 different from this approval, shall require an amendment to this approval. 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. 28 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 PC RESO NO. 6326 -3- challenged, this approval shall be suspended as provided in Government Code Section 2 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 3 all requirements of law. 4 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold c harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 6 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, 7 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 9 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 10 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated.11 12 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. 13 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 14 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 16 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 17 Plan prior to the issuance of building permits. 18 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 20 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. 21 10. This approval is granted subject to the approval of PUD 06-05 and is subject to all conditions contained in Planning Commission Resolutions No. 6327 for those other 23 approvals incorporated herein by reference. 24 11. This approval is granted subject to the approval of MS 06-09 and is subject to the City Engineer's approval. £3 12. This approval shall become null and void if building permits are not issued for this project within 24 months. 27 13. Approval is granted for SDP 06-09 as shown on Exhibits "A" - "I" dated August 15, 28 2007, on file in the Planning Department and incorporated herein by reference. PC RESO NO. 6326 -4- Development shall occur substantially as shown unless otherwise noted in these 2 conditions. 3 14. At issuance of building permits, the 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 4 amount in effect at the time, as established by City Council Resolution from time to time. 15. 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 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 Plan and Planned Development Permit by ° Resolutions No. 6326 and 6327 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 10 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. 171 16. Prior to issuance of the building permit, Developer shall submit an acoustical analysis complying with the City requirements of the Carlsbad Noise Guidelines Manual to ensure that the 60 dB(A) exterior noise level and 45 dB(A) interior noise 14 level standards are met. 17. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 17 Code Reminders; 18 18. Approval of this request shall not excuse compliance with all applicable sections of the 19 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 19. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 22 23 NOTICE 24 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 25 "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If 27 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 28 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely PC RESO NO. 6326 -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 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 15th day of August 2007, by the following vote, to wit: AYES:Chairperson Baker, Commissioners Boddy, Cardosa, Douglas, Montgomery, and Whitton NOES: ABSENT: Commissioner Dominguez ABSTAIN: JULIE BAKER, Chairperson CARLSBAD^fcANNING COMMISSION ATTEST: DONNE Planning Director PCRESONO. 6326 -6-