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HomeMy WebLinkAbout2010-12-01; Planning Commission; Resolution 67331 PLANNING COMMISSION RESOLUTION NO. 6733 2 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 10 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 19 Planning Department, GARFIELD STREET APARTMENTS - SDP 07-05X1 as provided by 20 Chapter 21.82.040 of the Carlsbad Municipal Code; and 21 ~~ 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 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 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: 3 A) That the foregoing recitations are true and correct. 4 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. 11 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. 28 PC RESO NO. 6733 -2- 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. 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 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. 20 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. 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 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 PC RESO NO. 6733 -3- 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. 14 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. 25 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. PC RESO NO. 6733 -4- Grading 2 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. 7 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. 24 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. 27 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 PC RESO NO. 6733 -5- 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. 3 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. 7 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: 14 A. Grading plans processed in conjunction with this project; or' B. Construction Revision to an existing record public improvement drawing. 16 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. 18 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. 22 23 29. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 24 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. 28 PC RESO NO. 6733 -6- 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 6 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. 17 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6733 -7- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning 2 Commission of the City of Carlsbad, California, held on December 1, 2010, by the following 3 vote, to wit: 4 r AYES: Chairperson Douglas, Commissioners Baker, Dominguez, L'Heureux, Montgomery, Nygaard and Schumacher 6 NOES: 7 . ABSENT:o 9 ABSTAIN: 10 11 12 rvl^^ FARRAHG"t>OUGLAS, Chairperson 13 CARLSBAD PLANNING COMMISSION 14 ATTEST: 16 17 n DON NEU1 81 ° Planning Director 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6733 -8-