HomeMy WebLinkAbout2010-12-01; Planning Commission; Resolution 67331 PLANNING COMMISSION RESOLUTION NO. 6733
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A THREE (3)
YEAR RETROACTIVE EXTENSION OF A SITE
4 DEVELOPMENT PLAN (SDP 07-05) TO DEMOLISH AN
5 EXISTING SINGLE-FAMILY RESIDENCE AND A DETACHED
GARAGE AND TO ALLOW THE CONSTRUCTION OF A THREE
6 (3) UNIT RESIDENTIAL APARTMENT COMPLEX WITH A
SUBTERRANEAN GARAGE ON A 0.14 ACRE SITE LOCATED
7 AT 3622 GARFIELD STREET, IN THE MELLO II SEGMENT OF
THE LOCAL COASTAL PROGRAM, AND IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
9 CASE NAME: GARFIELD STREET APARTMENTS
CASE NO.: SDP 07-05X1
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WHEREAS, Susan Falkner, "Owner/Applicant," has filed a verified application
j 2 with the City of Carlsbad regarding property 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.
*4 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 Development
18 Plan Extension as shown on Exhibits "A" - "R" dated September 17, 2008, on file in the
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Planning Department, GARFIELD STREET APARTMENTS - SDP 07-05X1 as provided by
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Chapter 21.82.040 of the Carlsbad Municipal Code; and
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~~ WHEREAS, on September 17, 2008, the Planning Commission approved, SDP
23 07-05, as described and conditioned in Planning Commission Resolution No. 6458; and
24 WHEREAS, the Planning Commission did, on December 1, 2010 , hold a duly
25 noticed public hearing as prescribed by law to consider SDP 07-05x1; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Site Development Plan Extension.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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c B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES GARFIELD STREET APARTMENTS - SDP 07-
6 05X1 based on the following findings and subject to the following conditions:
7 Findings:
R 1. All findings contained in Planning Commission Resolution No. 6458 dated September
o 17,2008, for SDP 07-05 are incorporated herein by reference and remain in effect.
10 2. That such permits and approvals as extended are consistent with the requirements of Title
21 of this code at the time of the extension of the site development plan.
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3. That the Planning Director has determined that the project belongs to a class of projects
12 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 15332 of the state CEQA
14 Guidelines for "In-fill Development Projects". In making this determination, the
Planning Director has found that the exceptions listed in Section 15300.2 of the state
15 CEQA Guidelines do not apply to this project.
16 4. The Planning Commission has reviewed each of the exactions imposed on the Developer
1 „ 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 g degree of the exaction is in rough proportionality to the impact caused by the project.
19 Conditions:
20 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
~. building permit or grading permit, whichever shall occur first.
22 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
23 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
25 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
26 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
^' Extension.
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Staff is authorized and directed to make, or require the Developer to make, all corrections
2 and modifications to the Site Development Plan Extension documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
3 Development 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.
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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.
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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
13 or indirectly, from (a) City's approval and issuance of this Site Development Plan
Extension, (b) City's approval or issuance of any permit or action, whether discretionary
14 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
16 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.
18 6. 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.
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7. This approval is granted subject to the approval of CDP 07-27x1 and is subject to all
conditions contained in the administrative approval letter for that approval
~~ incorporated herein by reference.
23 8. This approval shall become null and void if building permits are not issued for this
project by September 16,2013.
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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
26 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.
10. Prior to the issuance of the Grading 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
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to be filed in the office of the County Recorder, subject to the satisfaction of the Planning
2 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Site Development Permit Extension by Resolution No. 6733 on
3 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
6 or successor in interest.
7 11. AH of the conditions contained in Planning Commission Resolution No. 6458 dated
September 17, 2008, for SDP 07-05 are incorporated herein by reference and remain
in effect, except Condition Nos. 10, (which has been modified by Condition No. 7
9 above) and No. 11, which is superseded by Condition No. 8 above; and Engineering
Conditions 21-32 of Resolution No. 6458 are replaced with the following
10 Engineering Conditions No. 12-32 listed below.
Engineering:
12 Note: Unless specifically stated in the condition, all of the following conditions, upon the
13 approval of this proposed development, must be met prior to approval of a building or grading
permit whichever occurs first.
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General
16 12. 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
17 for the proposed haul route.
1 R10 13. This project is approved upon the express condition that building permits will not be
in 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 permit
20 issuance and will continue to be available until time of occupancy.
21 Fees/Agreements
79^ 14. Developer shall cause property owner to execute and submit to the City Engineer for
2"} recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
24 15. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement.
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16. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer for the annexation of the area
27 shown within the boundaries of the site plan into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
28 additional Street Lighting and Landscaping District. Said written consent shall be on a
form provided by the City Engineer.
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Grading
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17. Based upon a review of the proposed grading and the grading quantities shown on the site
3 plan, a grading permit for this project is required. Developer shall prepare and submit
plans and technical studies/reports, for city engineer review, and shall pay all applicable
grading plan review fees per the city's latest fee schedule.
18. Developer shall apply for and obtain a grading permit from the city engineer. Developer
6 shall pay all applicable grading permit fees per the city's latest fee schedule and shall post
security per City Code requirements.
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19. No grading for private improvements shall occur outside the limits of this approval unless
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.
10 20. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
* * but are not limited to pollution control practices or devices, erosion control to prevent silt
, ~ runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
13 devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall
14 notify prospective owners and tenants of the above requirements.
21. Developer shall complete and submit to the city engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
developer shall also submit the appropriate Tier level Storm Water Compliance form and
17 appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by
the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all
° applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
19 22. Developer acknowledges upcoming hydromodification (runoff reduction) requirements
20 may impact how this project treats and/or retains storm runoff. Hydromodification
involves detailed site design and analysis to reduce the amount of post-development run-
21 off by mimicking the natural hydrologic function of the site, preserving natural open-
spaces and natural drainage channels, minimizing use of new impervious surfaces, and
promoting onsite infiltration and evaporation of run-off. During final design, developer
23 shall demonstrate compliance with storm water requirements to the satisfaction of the city
engineer.
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23. Developer is responsible to ensure that all final design plans (grading plans, improvement
plans, landscape plans, building plans, etc) incorporate all source control, site design,
treatment control BMP, applicable hydromodification measures, and Low Impact Design
(LID) facilities.
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24. Developer shall incorporate measures with this project to comply with Standard
28 Stormwater Requirements per the city's Standard Urban Stormwater Management Plan
(SUSMP). These measures include, but are not limited to: 1) reducing the use of new
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impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to
2 discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash
enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer.
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25. 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
treatment control, applicable site design and source control, post-construction permanent
6 Best Management Practices prior to the issuance of a grading permit or building permit,
whichever occurs first for this Project.
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Dedications/Improvementso
g 26. Developer shall design the private drainage systems, as shown on the site plan to the
satisfaction of the city engineer. All private drainage systems (12" diameter storm drain
10 and larger) shall be inspected by the city. Developer shall pay the standard improvement
plan check and inspection fees for private drainage systems.
,2 27. Developer shall design all proposed public improvements including but not limited to
(sewer laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters,
13 curb drains, etc.) as shown on the (TENTATIVE MAP/SITE PLAN). These
improvements shall be shown on one of the following, subject to city engineer approval:
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A. Grading plans processed in conjunction with this project; or'
B. Construction Revision to an existing record public improvement drawing.
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Developer shall pay plan check and inspection fees using improvement valuations in
17 accordance with the city's current fee schedule. Developer shall apply for and obtain a
right-of-way permit prior to performing work in the city right-of-way.
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Utilities
20 28. Developer shall meet with the fire marshal to determine if fire protection measures (fire
flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
21 hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the district engineer.
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23 29. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities.
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30. Developer shall install potable water and/or recycled water services and meters at
25 locations approved by the district engineer. The locations of said services shall be
reflected on public improvement plans.26
27 31. The developer shall install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
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Code Reminder:
2 32. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
3 Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
Trips (ADT) and floor area contained in the staff report and shown on the site plan are for
planning purposes only.
NOTICE
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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."
9 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
12 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
15 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
16 expired.
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
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Commission of the City of Carlsbad, California, held on December 1, 2010, by the following
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vote, to wit:
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r AYES: Chairperson Douglas, Commissioners Baker, Dominguez,
L'Heureux, Montgomery, Nygaard and Schumacher
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NOES:
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. ABSENT:o
9 ABSTAIN:
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12 rvl^^
FARRAHG"t>OUGLAS, Chairperson
13 CARLSBAD PLANNING COMMISSION
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ATTEST:
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DON NEU1 81 ° Planning Director
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