HomeMy WebLinkAbout2002-06-05; Planning Commission; Resolution 51821
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PLANNING COMMISSION RESOLUTION NO. 5182
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
OF TWO INCLUSIONARY AFFORDABLE UNITS WITHIN A 12
UNIT PROJECT ON PROPERTY GENERALLY LOCATED ON
THE NORTH SIDE OF LAGUNA DRIVE AT THE NORTHERN
TERMINUS OF MADISON STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: CASA LAGUNA
CASE NO.: SDP 01-15
WHEREAS, Laguna Carlsbad L.L.C., “Developer/Owner” has filed a verified
DEVELOPMENT PLAN SDP 01-15 TO ALLOW THE PROVISION
application with the City of Carlsbad regarding property described as
Per legal description attached to Planning Commission
Resolution No. 5180
(“the Property,,); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “M” dated June 5, 2002, on file in the Planning Department,
CASA LAGUNA - SDP 01-15 as provided by Chapter 21.06/Section 21.53.120 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of June, 2002, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES CASA LAGUNA - SDP 01-15 based on the
following findings and subject to the following conditions:
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Findinm:
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That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the two inclusionary units are adequately integrated into the
project design and all related development standards can be complied with.
That the site for the intended use is adequate in size and shape to accommodate the'use, in
that site has been designed to accommodate parking, recreation space and street
access for the two inclusionary units out of the overall twelve unit project.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted hture uses in the neighborhood will be
provided and maintained, in that the project complies with all applicable development
standards, including the design and amenities of the affordable units. The project
proposes required setback areas, fencing and landscaping to make the project
compatible with existing as well as future permitted uses in the area. The parking
and storage space standards deviations will not impact the project's compatibility
with existing and future allowed uses.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the Laguna Drive street system can
accommodate the traffic anticipated by the development of this infill lot.
The project complies with the City Inclusionary Housing Ordinance by providing
15% of the project's total units as a lower-income affordable units. Two units of the
12-unit project will be income restricted.
As allowed by Code Section 21.53.120(c), this project proposes two standards
deviations (.5 parking space and reduced storage space) for the affordable studio
unit. These modifications will not significantly impact the quality of the proposed
project nor hinder the project's ability to maintain compatibility with adequate
existing, and future permitted, uses. The proposed standards deviations can be
supported because the project is in conformity with the City's General Plan;
adopted policies and goals; the project will have no detrimental effects on public
health, safety and welfare; and the project is consistent with all local coastal
program provisions and is entitled by CDP 01-42, which is part of this project's
approval.
The project is consistent with the General Plan in that General Plan combination
districts on sites under 25 acres may be developed via a Site Development Plan
(SDP). This SDP will not implement the Office section of the existing combination
designation of RMWO. The RMH will be applied to the entire site with this SDP
entitlement as allowed by the General Plan.
This project may access six dwelling units out of the NW quadrant excess dwelling
unit bank for a project total of 12 units since it is consistent with Council Policy 43.
PC RES0 NO. 5182 -2-
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Specifically, this project meets the number one priority of providing lower-income
units (2).
Conditions:
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Unless otherwise specified herein, all conditions shall be satisfied prior to final map
approval.
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
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said 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.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the SDP 01-15 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
different fiom this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
This approval is granted subject to the approval of the project’s Negative Declaration,
CT 01-16KP 02-01KDP 01-42 and is subject to all conditions contained in the Planning
Commission Resolutions 5180, 5181, 5183 and 5184 for those other approvals and
incorporated herein by reference.
Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to provide and
deed restrict two dwelling units as affordable to lower-income households for the usefil
life of the dwelling units, in accordance with the requirements and process set forth in
Chapter 21.85 of the Carlsbad Municipal Code. The drafi Affordable Housing
Agreement shall be submitted to the Planning Director no later than 60 days prior to the
request to final the map. The recorded Affordable Housing Agreement shall be binding
on all future owners and successors in interest. The affordable housing agreement
shall implement the following standards deviation associated with the Affordable
studio unit: a reduction in the storage space requirement from 392 cubic feet to 240
cubic feet; and a waiver of the .5 residential space portion of the 1.5 parking space
requirement for studio units. A one car garage will be provided for the studio unit.
Developer shall construct the required inclusionary units concurrent with the project’s
market rate units, unless both the final decision making authority of the City and the
PC RES0 NO. 5 182 -3-
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I!
Developer agree within an Affordable Housing Agreement to an alternate schedule for
development.
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 feedexactions. 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 feedexactions
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 feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of June, 2002, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Heineman, Trigas,
White, and Whitton
NOES: None
ABSENT: Commissioner Dominguez
None
- I)-. 0 SEENA TRIGAS, Chairperan
CARLSBAD PLANNTNG COMMISSION
Planning PJirector
PC RES0 NO. 5 182 -4-