HomeMy WebLinkAbout2003-06-18; Planning Commission; Resolution 54231
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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..
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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-
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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.
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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-
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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
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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-