HomeMy WebLinkAbout2011-10-05; Planning Commission; Resolution 68121 PLANNING COMMISSION RESOLUTION NO. 6812
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN SDP 11-03 TO ALLOW FOR THE
4 REMODEL OF AN EXISTING TWO-UNIT RESIDENTIAL
5 APARTMENT BUILDING ON A .33 ACRE OCEAN FRONT
SITE LOCATED AT 3015 OCEAN STREET IN THE MELLO II
6 SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
7 CASE NAME: 3015 OCEAN STREET ADDITION
CASE NO.: SDP 11-038
9 WHEREAS, Paul Longton, "Developer," has filed a verified application with the
10 City of Carlsbad regarding property owned by Evergreen Hebron, LP, "Owner," described as
The Southeasterly 58 feet of the following described property:
j2 that portion of Town of Carlsbad, in the City of Carlsbad, in
the County of San Diego, State of California, according to Map
13 thereof No. 365, filed in the office of the County Recorder of
San Diego County on February 2, 1887, and that portion of
14 Ocean Street as shown on said Map, as closed to public use,
described as follows: beginning at the intersection of the
Southwesterly prolongation of the Northwesterly line of Block
15 1 of said Town of Carlsbad, with the Southwesterly line of
State Highway Division VII, Route 2, Section "B", Sheet 18,
17 approved October 17, 1912, as per map on file in the office of
the County Surveyor of San Diego County; thence along said
18 Southwesterly line, South 30° 56'20" East 100.2 feet; thence
19 South 55° 27' West to the ocean mean high tide line; thence
Northwesterly along said mean high tide line to an intersection
20 with the Southwesterly prolongation of the Northwesterly line
of Block 14 of said Town of Carlsbad; thence Northeasterly
21 along said prolongation to the point of beginning.
22 EXCEPTING therefrom that portion, if any, lying between the
23 Westerly line of State Highway, Division VII, Route 2, Section
"B", Sheet 18, approved October 17, 1912 and the Westerly
24 line of Ocean Street as shown on said Map No. 365.
25 ALSO EXCEPTING therefrom that portion thereof described
25 in deed to Millard Haymore et ux, and recorded April 16,1953
in book 4823, page 377 of Official Records, described as
27 follows: the Northeasterly 24 feet of the Southeasterly 2 feet of
the following described property: that portion of Town of
28 Carlsbad, in the City of Carlsbad, County of San Diego, State
of California, according to Map thereof No. 365 filed in the
office of the County Recorder of San Diego County on
February 2, 1887, and that portion of Ocean Street as shown
2 on said Map, as closed to public use, described as follows:
beginning at the intersection of the Southwesterly prolongation
3 of the Northwesterly line of Block 14 of said Town of Carlsbad
with the Southwesterly line of State Highway Division VII,
4 Route 2, Section "B", Sheet 18, approved October 17,1912, as
c per map on file in the office of the County Surveyor of San
Diego County; thence along said Southwesterly line, South
6 30° 56'20" East 100.2 feet; thence South 55° 27' West to the
ocean mean high tide line; thence Northwesterly along said
7 mean high tide line to an intersection with the Southwesterly
prolongation of the Northwesterly line of Block 14 of said
Town of Carlsbad; thence Northeasterly along said
9 prolongation to the point of beginning.
10 EXCEPTING therefrom that portion, if any, lying between the
Westerly line of State Highway, Division VII, Route 2, Section
1 ] "B", Sheet 18, approved October 17, 1912 and the Westerly
, 2 line of Ocean Street as shown on said Map No. 365.
13 ' ("the Property"); and
14 WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits "A" - "K" dated October 5, 2011, on file in the Planning
16
Department, 3015 OCEAN STREET ADDITION - SDP 11-03 as provided by Chapter
17
21.06/Section 21.53.120 of the Carlsbad Municipal Code; and18
in WHEREAS, the Planning Commission did, on October 5, 2011 , hold a duly
20 noticed public hearing as prescribed by law to consider said request; and
21 WHEREAS, at said public hearing, upon hearing and considering all testimony
22 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
23
relating to the Site Development Plan.
24
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
26 Commission of the City of Carlsbad as follows:
27 A) That the foregoing recitations are true and correct.
28
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B) That based on the evidence presented at the public hearing, the Planning
2 Commission APPROVES 3015 OCEAN STREET ADDITION - SDP 11-03
based on the following findings and subject to the following conditions:
3
Findings;
4
. 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
5 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 remodel of an existing two-unit
residential apartment building, including the addition of a two car garage and a
guest parking space, on a 0.33-acre previously developed infill lot located on the
west side of Ocean Street between Carlsbad Village Drive and Oak Avenue. The
two-family project at 16.66 du/ac is consistent with the Residential High Density
10 (RH: 15 - 23 du/ac) General Plan Land Use designation and compatible with
existing multi-family, two-family and single-family residences that are located in the
beach area. The project is consistent with the General Plan as discussed in the staff
1 _ report. Furthermore, the remodeled apartment project will not be detrimental to
existing uses or to uses specifically permitted in the area in which the use is located
13 in that, the two-unit apartment is a use permitted within the R-3 zone and the
proposed remodeled two-unit residential apartment building is compatible with the
14 multi-family dwelling projects to the north, Carlsbad Inn Hotel/Timeshare Beach
Resort to the east, and a single family residence to the south. The project will not
adversely impact the site, surroundings, or traffic circulation in that the project
i/- complies with all applicable development standards (except for the front yard
setback dimension requirement) and is adequately parked onsite and will only
17 generate 16 Average Daily Trips (ADT).
18 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 Beach Area Overlay
Zone (BAOZ), Coastal Shoreline Development Overlay Zone, and Residential
2Q Multiple-Family Zone (R-3) as demonstrated in the staff report, including side and
rear setbacks, coastal "stringline" setback, lot coverage, parking, and height
21 restrictions with the exception of the front yard setback for which a Variance (V 11-
02) has been requested. The proposed height is below the 30-foot height limitation
22 established by the Beach Area Overlay Zone for roof pitches greater than or equal
23 to3:12'
24 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
25 provided and maintained, in that the remodeled two-unit residential apartment
building has been designed in compliance with the development and design
26 standards of the Beach Area Overlay Zone and R-3 Zone (except for a variance
_„ from the front yard setback requirement) of the Carlsbad Municipal Code. The
project is compatible with existing permitted uses. The existing two-unit residential
28 apartment building project has been redesigned to meet the required interior side
yard setback. No alterations to the landscaping are proposed, however, decorative
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open fencing will replace the existing solid side yard gates increasing the ocean view
2 amenity to the west from Ocean Street.
3 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 continue to
4 adequately handle the 16 ADT generated by the remodeled two-unit residential
apartment building. Ocean Street is identified as an alternative design street and
does not require street improvements.
5. The Planning Commission finds that the project, as conditioned herein, is in
7 conformance with the Elements of the City's General Plan based on the facts set forth in
the staff report dated October 5, 2011, including, but not limited to the following:
8
a. Land Use - The General Plan Land Use designation for the property is
Residential High (RH) Density. The RH Land Use designation allows for the
development of two-family and multiple-family dwelling units within a
density range of 15 - 23 dwelling units per acre (du/ac) and at a Growth
11 Management Control Point (GMCP) of 19 du/ac. The two unit project has a
density of 16.66 du/ac which is within the RH density range. At the RH
GMCP, 2.28 dwelling units (2 units when rounded down) would be permitted
1~ on this 0.12 net developable acre property. The project proposes remodeling
an existing two-unit residential apartment building (without increasing the
14 number of units) and is consistent with the RH General Plan Land Use
designation.
15
b. Circulation - The project will take access off Ocean Street. Ocean Street is
identified as an "alternative design street" and does not require street
. 7 improvements.
c. Noise - The project is not located adjacent to any noise source and will have
no noise impacts.
19
d. Housing - The project is consistent with the Housing Element of the General
20 Plan. The project consists of remodeling an existing two-unit residential
apartment building and is not subject to the Inclusionary Housing
1 Ordinance.
22 6. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
23 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
24 provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
26 project will be installed to serve new development prior to or concurrent with need.
Specifically,
27
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.
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b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
2 collected prior to the issuance of building permit.
c. The Local Facilities Management fee for Zone 1 is required by Carlsbad
3 Municipal Code Section 21.90:050 and will be collected prior to issuance of
building permit.4
7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
8. That the Planning Director has determined that the project belongs to a class of projects
7 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
8 preparation of environmental documents pursuant to Section 15301(e)(l) Additions to
Existing Structures (Class 1) Categorical Exemption of the state CEQA Guidelines. In
making this determination, the Planning Director has found that the exceptions listed in
10 Section 15300.2 of the state CEQA Guidelines do not apply to this project.
11 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
12 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.
14 Conditions;
15 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
16
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
lg 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
19 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
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
23 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
shall occur substantially as shown on the approved Exhibits. Any proposed development,
25 different from this approval, shall require an amendment to this approval.
26 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.
2g 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
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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.
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
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,
(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
, 2 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Development Plan reflecting the conditions approved by the final decision-
13 making body.
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).
16
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
17 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.18
19 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
20 Plan prior to the issuance of building permits.
21 10. This approval is granted subject to the approval of CDP 10-15 and V 11-02 and is
22 subject to all conditions contained in Planning Commission Resolutions No. 6813 and
6814 for these other approvals incorporated herein by reference.
23
11. This approval shall become null and void if building permits are not issued for this
24 project within 24 months from the date of project approval.
25 12. Approval is granted for SDP 11-03 as shown on Exhibits "A" - "K" dated October 5,
2011, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
27 conditions.
28 13. 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
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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
14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#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.
o
15. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
9 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
10 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Site Development Plan by Resolution No. 6812 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 the Notice of Restriction. The
13 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.
16. The project is located in the R-3 Zone, and the intent and purpose of this zone is for
16 the development of residential dwellings. Per the City of Carlsbad's Municipal
Code Section 21.04.130 a two-family dwelling is defined as "a building designed
17 exclusively for occupancy by two families living independently of each other and
containing two dwelling units". This project is approved subject to the condition
that a maximum of 2 dwelling units are permitted.
19
Engineering Conditions
20
NOTE; Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed development, must be met prior to approval of a building permit.
22 General
23
17. Prior to hauling dirt or construction materials to or from any proposed construction site
24 within this project, developer shall apply for and obtain approval from, the city engineer
for the proposed haul route.25
26 18. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the district engineer has
27 determined that adequate water and sewer facilities are available at the time of permit
issuance and will continue to be available until time of occupancy.
28
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Fees/Agreements
2
19. Developer shall cause property owner to apply for, execute, and submit, to the city
-> engineer for recordation, an Encroachment Agreement covering private roof
. overhang located over proposed public right-of-way or easements as shown on the
site plan. Developer shall pay processing fees per the city's latest fee schedule.
5
20. Developer shall cause property owner to enter into a Neighborhood Improvement
6 Agreement with the city on a city standard form for the future public improvement of
Ocean Street along the property frontage for a half street width of twenty-five-feet.
Public improvements shall include but are not limited to paving, base, sidewalks, curbs
and gutters, grading, undergrounding or relocation of utilities, fire hydrants and street
lights.
21. 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 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 additional
12 Street Lighting and Landscaping District. Said written consent shall be on a form
provided by the city engineer.
13
22. Prior to issuance of building permits, or grading permit, whichever occurs first, developer
shall cause owner to execute, for recordation, a city standard Local Improvement District
Agreement to pay fair share contributions for undergrounding of all existing overhead
utilities and installation of street lights, as needed, along the subdivision frontage, should
16 a future district be formed.
17 Grading
18 23. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
19 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
20 runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to'stormwater, receiving water or
22 stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
23
24. 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
appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by
26 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.
27
25. Developer shall incorporate measures with this project to comply with Standard
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.
3
Dedications/Improvements
r 26. Ocean Street shall be dedicated by owner along the project frontage based on a street
center line to right-of-way width of twenty-five-feet and in conformance with City of
6 Carlsbad Standards.
7 Utilities
o
27. Developer shall meet with the fire marshal to determine if fire protection measures (fire
9 flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
hydrants, if proposed, shall be considered public improvements and shall be served by
10 public water mains to the satisfaction of the district engineer.
1 28. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
12 for connection to public facilities.
13 Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
,,- the following:
16 29. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
17 Trips (ADT) and floor area contained in the staff report and shown on the site plan are for
planning purposes only.18
30. 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
20 permit issuance, except as otherwise specifically provided herein.
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31. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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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 October 5, 2011, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
Scully, Schumacher and Siekmann
STEPffEN^HAF" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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