Loading...
HomeMy WebLinkAbout2003-06-18; Planning Commission; Resolution 54231 2 3 4 5 5 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. 5423 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ALLOW THE DEVELOPMENT OF TWELVE RESIDENTIAL LOTS, ONE OPEN SPACE LOT, AND ONE PRIVATE STREET FAMILY HOMES AND TO CONSTRUCT TWO SECOND DWELLING UNITS TO MEET THE INCLUSIONARY HOUSING REQUIREMENT OR THE OPTION TO PURCHASE TWO AFFORDABLE HOUSING CREDITS WITHIN THE VILLA LOMA DEVELOPMENT ON PROPERTY GENERALLY LOCATED ALONG THE NORTH SIDE OF LEVANTE STREET BETWEEN LA COSTA AVENUE AND CENTELLA STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: APPROVAL OF SITE DEVELOPMENT PLAN SDP 02-10 TO LOT TO ACCOMMODATE TWELVE DETACHED SINGLE- NORTHPARK AT LA COSTA CASE NO.: SDP 02- 10 WHEREAS, Touchstone Communities, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Levante 12, LLC, “Owner,” described as Lots 227 & 228 of La Costa Vale Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 7457, filed in the Office of the County Recorder of San Diego County, October 18,1972 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibits “A” - “M” dated June 18,2003, on file in the Planning Department, NORTHPARK AT LA COSTA - SDP 02-10 as provided by Chapter 21.06 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of June, 2003, hold a duly noticed public hearing as prescribed by law to consider said request; and e.. 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 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 RECOMMENDS APPROVAL of NORTHPARK AT LA COSTA - SDP 02-10, based on the following findings and subject to the following conditions: Findin 2s : 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 a) the site can easily accommodate the proposed twelve detached single-family homes while complying with all of the applicable City standards for the development; b) the project is consistent and compatible with the existing surrounding single-family and multi-family residential developments, in scale and design; c) the vacant site has been previously graded and devoid of any significant or sensitive vegetation; d) the proposed density of 9.03 dwelling units per acre is consistent with the Residential Medium High Land Use designation; e) the project will provide housing affordable to lower income households on site or off site; f) the project is consistent with the exterior and interior noise standards; and, g) the additional 120 Average Daily Trips (ADT) generated by the project can be accommodated by Levante Street and La Costa Avenue (local street and secondary arterial) serving the project site. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the site can accommodate the proposed 12-single family homes while providing all required setbacks, recreation space, guest parking and the project complies with all City Ordinances and standards, including the Levante Street Development Standards and Design Guidelines and the Planned Development Ordinance, without the need for a variance to any of the standards. 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 the project site will be surrounded by a solid wall or fence; will provide common landscaping along the La Costa Avenue frontage; the proposed development meets all applicable setbacks of the underlying zone and the PC RES0 NO. 5423 -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 Levante Street Development Standards and Design Guidelines; and the project architecture is compatible with the surrounding single-family and multi-family residential uses as well as the guidelines of City Council Policy No. 44 and the Levante Street Design Guidelines. 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project is served by La Costa Avenue, a secondary arterial, and Levante Street, a local street, which have been designed to accommodate the 120 ADT generated by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit or final map whichever occurs first. 1. 2. 3. 4. 5. 6. 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 02-10 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. Developer shall submit to the Planning Department a reproducible 24” x 36,” mylar copy of the Site Development Plan reflecting the conditions approved by the final decision making body. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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 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 unless the City Council determines that the project without the condition complies with all requirements of law. 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 PC RES0 NO. 5423 -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 7. 8. 9. 10. 11. 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 non- discretionary, 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 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 approval is not validated. This approval is granted subject to the approval of CT 02-25 and PUD 02-13 and is subject to all conditions contained in Planning Commission Resolutions No. 5422 and 5424 for those other approvals 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 (2) Second Dwelling Units as affordable to lower-income households for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code, or the option to purchase two affordable housing credits within the Villa Loma apartment project, located south of Palomar Airport Road and west of El Camino Real. The draft 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 fiture owners and successors in interest. 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 Developer agree within an Affordable Housing Agreement to an alternate schedule for development. Prior to building permit issuance, the floor plan for lot 3 shall be reversed from as shown on the approved site development plan. Prior to building permit issuance, the rear elevations for lots 1-7 shall be varied architecturally to the satisfaction of the Planning Director. 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 PC RES0 NO. 5423 -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 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 18th day of June 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Heineman, Montgomery, Segall, and White NOES: Commissioners Dominguez and Whitton ABSENT: None ABSTAIN: None . 9, ATTEST: MICHAEL J. HODMIL&R Planning Director PC RES0 NO. 5423 -5-