HomeMy WebLinkAbout2003-06-18; Planning Commission; Resolution 54251
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PLANNING COMMISSION RESOLUTION NO. 5425
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
UNIT AIRSPACE CONDOMINIUM PROJECT ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF MAPLE
AVENUE BETWEEN CARLSBAD BOULEVARD AND
GARFIELD STREET IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: VILLAS DE LUZ
CASE NO.: SDP 02- 12
DEVELOPMENT PLAN SDP 02-12 TO CONSTRUCT A FOUR-
WHEREAS, David Eggebrecht “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lots 7 and’s in Block “Cy’ of Palisades, in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 1747, filed in the Office of the County Recorder of
San Diego County, February 5,1923
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “0” dated June 18, 2003, on file in the Planning Department,
VILLAS DE LUZ - SDP 02-12 as provided by Chapter 21.06/Section 21.53.120 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
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.
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B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES VILLAS DE LUZ - SDP 02-12 based on the
following findings and subject to the following conditions:
Findings:
1. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303(b), new construction
of six or less units in an urbanized area, of the state CEQA Guidelines. In making this
determination, the Planning Director has found that the exceptions listed in Section
15300.2 of the state CEQA Guidelines do not apply to this project.
2. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically
A) The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
B) The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
C) Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
3. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, based on the facts set forth in
the staff report dated June 18,2003 including, but not limited to the following:
A) Land Use - The project’s proposed density of 14.81 du/ac is below the density
range of 15 - 23 du/ac specified for the site as indicated in the Land Use Element
of the General Plan, however, is still considered to be consistent with the City’s
General Plan. The project’s proposed density of 14.81 ddac is below the Growth
Management Control Point density (1 9 ddac) used for the purpose of calculating
the City’s compliance with Government Code Section 65584. However,
consistent with Program 3.8 of the City’s certified Housing Element, all of the
dwelling units, which were anticipated toward achieving the City’s share of the
regional housing needs that are not utilized by developers in approved projects,
are deposited in the City’s Excess Dwelling Unit Bank. These excess dwelling
units are available for allocation to other projects. Accordingly, there is no net
loss of residential unit capacity and there are adequate properties identified in the
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4.
5.
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Housing Element allowing residential development with a unit capacity, including
second dwelling units, adequate to satisfy the City’s share of the affordable
housing need.
B) Circulation -All public facilities including curb, gutter and sidewalk exist
along the property frontage.
C) Noise - The project is not impacted by potential noise generating sources
such as Carlsbad Boulevard.
D) Housing - The project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance as the developer has been
conditioned to pay an in-lieu fee per dwelling unit.
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 project’s density is consistent with the Residential High
General Plan Designation for the property; a two-story building is compatible with
surrounding one and two-story buildings; all necessary public streets, public right-
of-way and utilities are currently in place, and no encroachments into sensitive
habitat are proposed on this undeveloped infill site.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed four-unit airspace condominium project complies with all
development standards of the R-3 zone, Beach Area Overlay Zone (BAOZ) and
Planned Development Ordinance and fits within the existing lot lines, and property
boundaries and will be compatible with existing and future surrounding multi-
family and single family development.
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 proposed four-unit airspace condominium
project complies with all standards of the R-3, Beach Area Overlay Zone and
Planned Unit Development Ordinance. The project provides adequate setbacks,
parking, lot coverage and complies with the 30-foot maximum building height limit.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that access will be provided by Maple Avenue, a
local street, designed to accommodate the 32 ADT proposed by the project.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit
or building permit whichever occurs first.
Planning:
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2.
3.
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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 Site Development Plan 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.
The 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.
The Developer/Operator shall and does hereby agree to indemnifl, 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
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 CDP 02-53 and is subject to all
conditions contained in Planning Commission Resolution No. 5426 for those other
approvals incorporated herein by reference.
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7.
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This approval is granted subject to the approval of MS 02-12 and CP 02-11 and is
subject to all conditions contained in the administrative approval documents for those
other approvals.
The Developer shall submit to the Planning Department a reproducible 24” x 36,”
mylar copy of the Site Plan reflecting the conditions approved by the final decision
making body.
Developer shall pay to the City an Inclusionary housing in-lieu fee as an individual fee on
a per market rate dwelling unit basis in the amount in effect at the time, as established by
City Council Resolution from time to time.
Prior to the issuance of the Site Development Plan, Developer shall submit to the City a
Notice of Restriction to be filed in the office of the County Recorder, subject to the
satisfaction of the Planning Director, notifjrlng all interested parties and successors in
interest that the City of Carlsbad has issued a Site Development Plan by Resolution No.
5425 on the real property owned by the Developer. Said Notice of Restriction shall note
the property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in
the Notice of Restriction. The Planning Director has the authority to execute and record
an amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director fkom the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code S.ection 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed fiom view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
This approval shall become null and void if building permits are not issued for this
project within 24 months fkom the date of project approval.
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16.
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Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
Developer shall construct and install all landscaping as shown on the approved
Preliminary Landscape Plan, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&h shall contain the following provisions:
a.
b.
C.
d.
General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section the City shall
have the right, but not the duty, to perform the necessary maintenance. If the City
elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association’s
Easements. The City shall provide a copy of such invoice to each Owner in the
Project, together with a statement that if the Association fails to pay such invoice in
full within the time specified, the City will pursue collection against the Owners in
the Project pursuant to the provisions of this Section. Said invoice shall be due and
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payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount
equal to six percent (6%) of the amount of the invoice. Thereafter the City may
pursue collection from the Association by means of any remedies available at law or
in equity. Without limiting the generality of the foregoing, in addition to all other
rights and remedies available to the City, the City may levy a special assessment
against the Owners of each Lot in the Project for an equal prorata share of the invoice,
plus the late charge. Such special assessment shall constitute a charge on the land and
shall be a continuing lien upon each Lot against which the special assessment is
levied. Each Owner in the Project hereby vests the City with the right and power to
levy such special assessment, to impose a lien upon their respective Lot and to bring
all legal actions and/or to pursue lien foreclosure procedures against any Owner and
hisher respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
Code Reminder:
19. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
20. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
21. Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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 fees/exactions
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
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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 Dominguez, Heineman,
Montgomery, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Planning Director
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