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HomeMy WebLinkAbout2008-09-17; Planning Commission; Resolution 6458PLANNING COMMISSION RESOLUTION NO. 6458 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 07-05 FOR THE DEMOLITION OF 3 AN EXISTING SINGLE-FAMILY RESIDENCE AND DETACHED GARAGE AND THE CONSTRUCTION A THREE (3) UNIT 4 RESIDENTIAL APARTMENT COMPLEX WITH A SUBTERRANEAN GARAGE ON A . 14 ACRE SITE GENERALLY LOCATED ON THE EAST SIDE OF GARFIELD STREET 6 BETWEEN JUNIPER AVENUE AND CHERRY AVENUE, IN THE MELLO II SEGMENT OF THE LOCAL COASTAL 7 PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: GARFIELD STREET APARTMENTS 8 CASE NO.: SDP 07-05 9 WHEREAS, Blue Motif Architecture, "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by Susan Faulkner, "Owner," •\j described as: 13 Lot 8 in Block O of Palisades, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14 1747, filed in the Office of the County Recorder of San Diego County, February 5,1923 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Site 18 Development Plan as shown on Exhibits "A" - "R" dated September 17, 2008, on file in the 19 Planning Department GARFIELD STREET APARTMENTS - SDP 07-05, as provided by 20 Chapter 21.06 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on September 17, 2008, hold a duly 23 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 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 Commission 3 APPROVES GARFIELD STREET APARTMENTS - SDP 07-05, based on the following findings and subject to the following conditions:4 c Findings: 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 three (3) unit, two-story multi-family apartment building with a subterranean garage on a 0.14-acre previously developed infill lot located on the east side of Garfield Street 10 between Juniper Avenue and Cherry Avenue. The project is compatible with existing and proposed multi-family, two-family and single-family residences that are located in the beach area. The three (3) unit project provides for a rental housing opportunity that will not negatively impact traffic circulation. The project is consistent with the General Plan as discussed in the staff report. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in 14 that the project complies with all applicable development standards including setbacks, lot coverage, parking and height restrictions without requiring any variances. 6 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 17 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, 18 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 generated by the proposed use, in that the existing street system will be adequate to handle the 18 ADT generated by the new multi-family dwellings. 22 5. 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 23 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 (In-fill Development Projects) of the state CEQA Guidelines. In making this determination, the Planning 25 Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 26 The project is consistent with the Citywide Facilities and Improvements Plan, the Local 27 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 and treatment; water; drainage; circulation; fire; schools; parks and other recreational PC RESO NO. 6458 -2- facilities; libraries; government administrative facilities; and open space, related to the 2 project will be installed to serve new development prior to or concurrent with need. Specifically, 3 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. 6 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. 7 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 9 of building permit. 10 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 the staff report dated September 17,2008 including, but not limited to the following: 12 a. Land Use - The project is consistent with the City's Residential High Density 13 (RH) General Plan Land Use designation for the property. The RH designation allows residential development at a density range of 15 to 23 14 dwelling units per acre with a Growth Management Control Point (GMCP) of 19 dwelling units per acre. The project site has a net developable acreage of 0.14 acre. The project's proposed density of 21.43 du/ac (3 dwelling units) is within the RH density range of 15 to 23 du/ac, but is above the RH GMCP of 19 du/ac used for the purpose of calculating the City's compliance with 17 Government Code Section 65863. At the GMCP, 2.66 dwelling units would be permitted on this 0.14 net developable acre property. Although the project exceeds the GMCP for the RH General Plan Land Use designation by a , - fractional unit allocation of 0.34 dwelling unit, the General Plan Land Use Element allows the City to approve residential development at a density that 20 exceeds the GMCP for the applicable density range, provided the proposed residential development complies with the following required General Plan 21 findings: 1) that the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facilities plans will not be adversely impacted; 2) that there 23 have been sufficient developments approved in the quadrant at densities below the control point so that the approval will not result in exceeding the 24 quadrant limit; and, 3) all necessary public facilities required by the City's Growth Management Program will be constructed, or are guaranteed to be constructed, concurrently with the need for them created by this ~s development and in compliance with the adopted City standards. The proposed project is consistent with the above required findings in that there 27 have been sufficient developments in the northwest quadrant that have developed at densities below the GMCP such that the allocation of 28 0.34 dwelling units would not result in exceeding the quadrant limit, the project is conditioned to pay the appropriate fees to comply with City's PCRESONO. 6458 -3- Growth Management Program, and the City's public facilities plans will not 2 be adversely impacted as the allocation of 0.34 units has already been analyzed and anticipated within the northwest quadrant. 3 b. Circulation - The project will take access off Garfield Street. On-site 4 circulation consists of a private driveway to an underground garage. All public facilities including curb, gutter, and sidewalk are conditioned to be built or improved along Garfield Street. 6 c. Noise - A noise study was prepared and the project is conditioned to comply 7 with the exterior 60 dB(A) CNEL noise standard and the interior noise standard of 45 dB(A) CNEL. 8 d. Housing - The project is consistent with the Housing Element of the General " Plan and the Inclusionary Housing Ordinance as the applicant is proposing 10 to satisfy the inclusionary requirement through the payment of an inclusionary housing in-lieu fee. The project has been conditioned to pay the 11 fee prior to building permit issuance. 12 8. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 13 9. 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 15 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. 16 Conditions: 17 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 19 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 20 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 21 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 23 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 24 or a successor in interest by the City's approval of this Site Development Plan. 25 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 26 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 27 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval.28 PCRESONO. 6458 -4- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 4. If any conditions 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 r 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 6 with all requirements of law. 7 5. 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 9 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, 10 (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, , ~ 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 13 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 14 6. 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 16 body- 17 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 19 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 20 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 21 ~~ 9. 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 23 Plan prior to the issuance of building permits. 24 10. This approval is granted subject to the approval of Coastal Development Permit (CDP 07-27) and is subject to all conditions contained in Planning Commission Resolution No. 6459 for those other approvals incorporated herein by reference. 26 11. This approval shall become null and void if building permits are not issued for this 27 project within 24 months from the date of project approval. O O^° 12. 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 PC RESO NO. 6458 -5- 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. 3 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 4 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section r 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 6 Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 8 14. Prior to issuance of a grading permit or building permit, whichever occurs first the 9 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 10 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(s) No. 6458 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 13 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. 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and 15 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 17 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris.18 16. 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 20 • amount in effect at the time, as established by City Council Resolution from time to time. 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the ~~ landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 23 18. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 24 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 25 Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 27 approval will not be consistent with the General Plan and shall become void. 19. The project site is located in an area that may contain soil material that is suitable for beach sand replenishment as defined in the Carlsbad Opportunistic Beach Fill program PC RESO NO. 6458 -6- (COBFP) adopted by the Planning Commission on May 17, 2006 (SUP 04-13). Prior to 2 the issuance of a grading permit, and as a part of the grading plan preparation, the developer shall test the soil material to be exported from the project site to determine the 3 materials suitability for sand replenishment pursuant to the requirements of the COBFP. If the material is deemed suitable for beach replenishment the developer is encouraged to comply with the process outlined in the COBFP to transport and place the beach quality r material on the beach site identified in the COBFP. 6 20. Developer shall comply with all noise mitigation measures outlined in the noise study prepared for the project titled "External Acoustical Analysis of the Garfield 7 Street Apartments" prepared by Dr. Leslie E. Penzes - Certified Acoustical Consultant, P.E. of Dr. Penzes & Associates, dated January 29,2008, for compliance with the Noise Insulation Standards, prior to the issuance of building permits. The 9 applicant shall demonstrate that the architectural design and building construction limits interior noise levels to 45 dBA CNEL or less and are consistent with the City 10 of Carlsbad Noise Guidelines Manual. Architectural features such as sound attenuating walls, outlined in the above report, needed to achieve the exterior noise standard of 60 dBA CNEL on decks and outdoor areas shall be noted on the building plans. 13 Engineering: 14 General 21. Prior to hauling dirt or construction materials to or from any proposed construction site 15 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 17 Fees/Agreements 18 22. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 20 23. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. 22 24. Prior to approval of any grading or building permits for this project, Developer shall 23 cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street 24 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. 26 Grading 27 25. 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. PC RESO NO. 6458 -7- 26. No grading for private improvements shall occur outside the limits of this approval unless 2 Developer obtains records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. 3 27. Prior to the issuance of grading permit or building permit, whichever occurs first, 4 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: o 9 a. Identify existing and post-development on-site pollutants-of-concern. b. Identify the hydrologic unit this project contributes to and impaired water bodies that 10 could be impacted by this project. c. Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum 12 extent practicable before discharging offsite; d. Establish specific procedures for handling spills and routine cleanup. Special 13 considerations and effort shall be applied to resident education on the proper procedures for handling cleanup and disposal of pollutants. 14 e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. f. Identify how post-construction runoff rates and velocities from the site will not exceed the pre-construction runoff rates and velocities to the maximum extent 16 practicable. 17 28. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all , Q treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, 20 whichever occurs first for this Project. 21 Utilities 22 29. Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to 23 determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be 24 considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. £• *) 30. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 27 90 31. The Developer shall install potable water services and meters at a location approved by the City Engineer. The locations of said services shall be reflected on either new public PCRESONO. 6458 -8- improvement plans or via a revision to an existing improvement plan subject to City 2 processes and fees. 3 32. The Developer shall install sewer laterals and clean-outs at a location approved by the City Engineer. The locations of sewer laterals shall be reflected on either new public improvement plans or via a revision to an existing improvement plan subject to City r processes and fees. 6 Fire: 7 33. The applicant shall prepare and provide for Fire Department approval a "Maintenance Agreement" that provides for the maintenance and repair of the fire sprinkler system and its appurtenances. 9 34. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 10 Code Section 18.04.320. 1 Code Reminders: 12 35. Developer shall pay park-in-lieu fees to the City as required by Chapter 20.44 of the 13 Carlsbad Municipal Code. 14 36. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 37. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 17 38. 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. 20 39. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Site Plan are for planning purposes only. Developer shall pay traffic impact and sewer 21 impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. 23 24 25 26 27 28 PC RESO NO. 6458 -9- 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 A "fees/exactions." 5 You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 6 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. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 9 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 11 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 12 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 13 Commission of the City of Carlsbad, California, held on September 17, 2008, by the following 1.4 i c vote, to wit: 16 AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Chairperson Whitton 17 18 19 ABSENT: 20 ABSTAIN: 21 22 23 /FRANK H- WHITTON, Chairperson CARLSBAD PLANNING COMMISSION 24" 25 ATTEST: 26 27 28 DON NEU Planning Director PCRESONO. 6458 ' -10-