HomeMy WebLinkAbout2003-05-07; Planning Commission; Resolution 54081
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PLANNING COMMISSION RESOLUTION NO. 5408
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
REDUCE THE SETBACK FOR ONE AFFORDABLE UNIT 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 AMENDMENT
CASE NO.: SDP 01-15(A)
DEVELOPMENT PLAN AMENDMENT SDP 01-15(A) TO
WHEREAS, Merit Group Inc, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Casa Laguna Group Investors, LLC,
“Owner,” described as
Per the attached legal description
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibits “A” - “D” dated May 7,2003, on file in the Planning
Department, CASA LAGUNA AMENDMENT SDP 01-15(A) as provided by Chapter
2 1.06/Section 2 1.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of May, 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 Amendment.
WHEREAS, on June 5,2002, the Planning Commission approved, SDP 01-15,
as described and conditioned in Planning Commission Resolution No. 5182.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission APPROVES CASA LAGUNA AMENDMENT SDP 01-15(A)
based on the following findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
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 requested expansion of the subject affordable unit will
allow for a caretaker to reside in the unit to assist the primary occupant; or it can
accommodate a small family, either of which further fulfills the project’s obligation
and objective of providing affordable units within the project without adversely
impacting the site or surroundings.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the existing 10-foot setback approved with the original project can be reduced
to 5 feet to provide a more usable floor plan within the configuration and size of the
subject site, without adversely impacting the adjacent property since a five foot
setback could be approved consistent with current Planned Development provisions.
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 the setback reduction will leave a five foot setback in
place, but all other setbacks and required private recreation areas will be provided
and maintained. While a five-foot setback could be approved consistent with
current Planned Development provisions, the request is only for a portion of the
subject structure, and also involves additional landscape screening.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that adding a bedroom to an approved project will
not increase the project’s approved density or traffic generation.
Section 21.06.090 of the zoning ordinance, allows the Planning Commission to
approve a site development plan for an affordable housing project whereby
development standards can be less restrictive than otherwise required by the
underlying zone. In this case, the 10 foot required setback is being reduced by 50%
to a 5-foot setback as part of a package of development standard waivers to support
the onsite development of two affordable units. The setback reduction only applies
to the subject affordable unit (currently a one bedroom unit) to facilitate a second
bedroom. The previously approved standards deviations include a .5 parking space
waiver for the studio affordable unit, and a reduction of the storage requirement for
both affordable units. This setback reduction for the one bedroom unit will
complete the affordable housing standard waivers for this project to provide two
onsite inclusionary units out of the total 12-unit project as previously approved.
PC RES0 NO. 5408 -2-
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6. The findings made for the original project approval of SDP 01-15 contained in
Planning Commission Resolution No. 5182 still pertain and are incorporated herein
by reference.
Conditions:
Note:
1.
2.
3.
4.
5.
...
...
...
Unless otherwise specified herein, all conditions shal
building permits.
be satisfied prior to the issuance of
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 fkther 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 Amendment.
Approval is granted for SDP 01-15(A) as shown on Exhibits “A” - “D”, dated May 7,
2003, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan Amendment 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 from this approval, shall require an amendment to this approval.
All of the conditions of the original June 5,2002 project approval for Casa Laguna,
as contained in Planning Commission Resolutions No. 5180 thru 5184, remain in full
force and effect, and are incorporated herein by reference.
This approval is granted subject to the approval of CP 02-01(A) and CDP 01-42(A) and
is subject to all conditions contained in Planning Commission Resolutions No. 5409
and 5410 for those other approvals incorporated herein by reference.
PC RES0 NO. 5408 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 7th day of May 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Montgomery,
Segall, White, and Whitton
NOES: Commissioner Dominguez
ABSENT: None
ABSTAIN: None
LL
R, Chairperson
WAD PLANNING COMMISSION
ATTEST:
?
MICHAEL J. HOmMHER
Planning Director
PC RES0 NO. 5408 -4-
0
Casa Laguna
A€" 155-223-08, 09
Legal Description
PARCEL I:
That portion of Lot 1 in Section 1, Township -12 South, Range S WZSL, San Beniardino
Meridian? ui the City of Carishad, Cotinry of Sczn Diego, State OF California, according lo
Official Pht thereof, described as follows:
Commencing at the intersection of the East line OF as Lot 1 with the North line of Laguna
Drive, as shown on Map No. 1722 or Seaside Lands, tiled in the OTfioe of the County
Recorder of San Dicgo County, July 28, 1921: thence North 89"50' West, along said North
he of Laguna Drive, 495.0 feet to a point on the West line of land conveycd to Alcxander
Beller by Deed dated March 30: 1916 and recorded in Book 708. Page 70 of Deeds, said
point being the Tnie Point of Beginning; thence continuing Norih 89"50' West along said
North line of Lagina Drive, 169.0 feet to the Southeast comer of land conveyed to Willis
James Carpenter by Deed dared January 7, 1952 and rccorded in Book 4345, Pas 547 of
Of3cid Records; thence North OO0.5' East along rhc East line of said land, 256.0 feer ro a
point on the Soutlicrly boundary of Buena Vista Gardens as shown on the Map thercof No.
2492, filed in the Oflice of the County Recorder of Sarr Diego County. August 4, 1948;
thence South 89"SO' East along said Southerly boundary 169.0 feet to the aforementioned
West linc of land conveyed to Beller; thence Soirth 0'05' West along said West line 256.0
fset to the True Point of Beginning.
EXCEPTING TJEREFROM the West 25 fcot thereof.
APN: 155-223-08
PARCEL 2:
That portion of Lot 1 hi Section I, Township 12 South, Range 5 West, San Bernardino
Meridian, in the City of Carlsbad, County of San Diego, State -of California, according to
the Official Plat thereof? described as follows:
Commencing at the interstxtion of the Northerly line of Laguna Drive: with thc Westerly
line of Front Strect as shown on Seaside Lands, according Lo Map thei-eof No. 1722, filed
in the Office of thc County Recorder of Sail Diego CounLy, June 28, 1921; thence along the
Northerly line of said Laguna Drive, North 89"50'00" West, 495.00 feet. to the
Southeasterly center line of land described in Deed to Allen W. Lange, et iix, rccorded
May 16, 1952 as File No. 60313, in Book 4469, Page 356 of Official Records; thence
coiithluulg along said Northerly line, North 89"50'00" West, 144.00 feet to the Southeast
corner ol: the Westerly 25.00 feet of said Lange's Land and being the Tnie Point of
Begiming; thence continuing dong said Norcherly line, North 89 "5O'OO" West 65,OO fwt
to the Southwesterly corner of' land described in deed to Allen W; Large, et IIX, rccorded
September 17, 1953 as File No. 126692 in Book 4987, Pagc 316, Oftic:: ol' the Cor111ty
1057660
.. .
Recordcr of San Diego County; thence along the Westerly line of said Lange's Land lase
above referred to, North OO"O5'00" East 256.00 feet to the SoutherIy boundary of Buena
Vista Gardens, according to Map thereof No. 2492. filed in the Office of thc County
Rccorder of San Diego County, August 4, 1948; thence along said Southerly boundary
South 89"50'00" East 65.00 feet to the Northeast corncr of the Westerly 25.00 feet of said
Laqe's Land first hereinabove refa-red to; thence along the Eas~erly line of said Wcsterly
25.00 feet, South 00°05'00" West, 256.00 1.w~ to the True Point of Beginning.
- - .-
APN: 155-223-09