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HomeMy WebLinkAbout2003-02-05; Planning Commission; Resolution 53211 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5321 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN SDP 02-04 TO ALLOW THE CONSTRUCTION OF A 51-UNIT SENIOR HOUSING AIRSPACE CONDOMINIUM ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF JEFFERSON STREET, NORTH OF LAGUNA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: VILLA FRANCESCA CASE NO.: SDP 02-04 WHEREAS, Anthony De Leonardis, “Owner/Developer,” has filed a verified application with the City of Carlsbad regarding property described as Lots 6, 7, 8, 9, 10, and 11, in Block 1 of Sunny Slope Tract, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No 486, filed in the Office of the County Recorder of San Diego County, February 7,1888 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibit(s) “A-B” and “F-Q” dated December 18,2002, and revised Exhibits “C, D, and E” dated February 5, 2003, on file in the Planning Department, VILLA FRANCESCA - SDP 02-04, as provided by Chapter 21.06/Section 21.53.120 and Section 21.18.050 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of December, 2002 and on the 5th day of February, 2003, 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 RECOMMENDS APPROVAL of VILLA FFUNCESCA - SDP 02-04, based on the following findings and subject to the following conditions: Findings: 1. 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 proposed site is located in close proximity to a range of commercial retail, professional, social and community services patronized by senior citizens; the project will incorporate a new bus stop within the frontage of the site; the project is located in a topographically level area; and the project would not be detrimental to public health, safety, and general welfare. The project exceeds the density permitted by the RMH General Plan designation by 42 units; however, the project satisfies the criteria set forth in Chapter 21.53 and Council Policy 43 for allowing a density increase in that the project will be developed as 100% senior citizen air-space condominiums, 15.7% of the units will be available to low income senior households with incomes that are 80% of the Area Median Income (AMI) and 35.3% of the units will be available to moderate income senior households with incomes that are 120% of the AMI. The project is also consistent with Council Policy 43 priorities to allow senior housing and affordable housing projects to utilize excess dwelling units available in the northwest quadrant. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that all of the project’s parking, open space, and other amenities can be provided on- site without any reduction in the required setbacks. The lot coverage of 54% is below the maximum 60% lot coverage allowed. 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 provided and maintained, in that all required minimum setbacks are provided, twice the parking required for senior citizen projects will be provided, the third story of the building has been stepped-back to reduce the overall building mass; new fencing and landscaping will be provided around the perimeter of the site; and the architectural design is finished on all sides with similar roof and wall materials, colors and architectural accent features. 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the additional ADT generated by the senior PC RES0 NO. 5321 -2- - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. citizen housing project is not likely to occur during normal “peak hours” and will not reduce the road segment or intersection levels of service to below the City’s level of “B” during the PM peak. That the senior citizen housing project helps achieve the City’s senior and affordable housing goals as set forth in the housing element of the General Plan by providing a for-sale senior citizen condominium project with 15.7% of the units designated as affordable to low income households and 35.3% of the units designated as affordable to moderate income households. That the density increase and/or additional incentive(s) are necessary to make the project economically feasible in that the Housing Policy Team has reviewed the applicant’s pro forma, and has recommended that the density increase is necessary to allow the project to be developed to satisfy the City’s need to provide housing which is affordable to lower income households and senior citizens. That the senior citizen project does not result in a density or design that is incompatible with other land uses in the immediate vicinity in that the project density of 61 du/ac is consistent with three other senior citizen housing projects nearby in the Carlsbad Village Redevelopment Area which have densities ranging from 63.5 du/ac to 75 du/ac, and the project has a similar building mass appearance as several surrounding multi-family apartment projects. That the senior citizen housing project complies with the General Plan, zoning, certified local coastal program and development policies of the City of Carlsbad. Conditions: 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 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. 2. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Site Development Plan document(s), necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, CT 02-10, CP 02-05 and CDP 02-15 and is subject to all conditions contained in Planning Commission Resolutions No. 5318,5319,5320 and 5322 for those other approvals incorporated by reference herein. PC RES0 NO. 5321 -3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. The project shall be developed as a Senior Citizen Housing project. To ensure compliance with the age requirements for a senior citizen housing development, all applicants/owners of senior citizen housing projects shall be required to submit, on an annual basis, an updated list of all project tenants and their age to the City’s Housing and Redevelopment Department. Required parking spaces shall be available to the tenants/owners of the project at no additional fee. Senior citizen housing projects which do not have an on-site manager shall provide a posted phone number of the project owner or off-site manager for emergencies or maintenance problems. At the time of plan submittal for building permits, the applicant shall submit a set of detailed drawings for kitchens and bathrooms indicating counter and cabinet heights and depth, type of pulls, faucets, grab-bars, tub and/or shower dimensions, and handicapped turn space where appropriate. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of final map approval. 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. ... ... PC RES0 NO. 5321 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 5th day of February, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None ATTEST: MICHAEL J. HmILLbk Planning Director PC RES0 NO. 5321 -5-