HomeMy WebLinkAbout2004-04-21; Planning Commission; Resolution 55871
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PLANNING COMMISSION RESOLUTION NO. 5587
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
APARTMENT UNITS ON PROPERTY GENERALLY
LOCATED ON THE NORTH SIDE OF LA COSTA AVENUE
BETWEEN ROMERIA STREET AND GIBRALTAR STREET
IN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME:
DEVELOPMENT PLAN SDP 02-19 TO CONSTRUCT FIVE
LA COSTA CANYON HOMES
CASE NO.: SDP 02- 19
WHEREAS, Legacy Development LLC, a Limited Liability Company,
“Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property
described as
Lot 409 of La Costa South Unit No. 5, in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 6600 filed in the Office of the County Recorder of
San Diego County on March 10,1970
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “H” dated April 21,2004, on file in the Planning Department,
LA COSTA CANYON HOMES - SDP 02-19 as provided by Chapter 21.06/Section 21.53.120
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of April 2004, 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 LA COSTA CANYON HOMES - SDP 02-19 based
on the following findings and subject to the following conditions:
FindinPs :
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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 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 five-unit apartment project complies with all development
standards of the Residential Density-Multiple zone, fits within the existing lot lines
without the need for variances and will be compatible with existing and future
surrounding multi-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 five-unit apartment project complies
with all development standards of the Residential Density-Multiple zone. 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 La Costa Avenue, a
secondary arterial, designed to accommodate the 30 average daily trips generated by
the project.
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 April 21,2004 including, but not limited to the following:
A) Land Use - The project’s proposed density of 18.45 du/ac is within the density
range of 15 - 23 du/ac specified for the site as indicated in the Land Use Element
of the General Plan. The project’s proposed density of 18.45 du/ac is below the
Growth Management Control Point density (19 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
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in the 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 impacted by noise generated by La Costa Avenue and
the impact has been mitigated by the inclusion of a noise barrier to mitigate
the noise to an acceptable level pursuant to the Noise Guidelines Manual.
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.
6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 6 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 Encinitas Union
ElementaryBan Dieguito Union High School Districts 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.
7. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
8. 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.
9. 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:
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Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit
unless specified otherwise.
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.
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
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)
DeveloperDperator’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.
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.
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This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 6 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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 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, notifying all interested parties and successors in
interest that the City of Carlsbad has issued a Site Development Plan by Resolution No.
5587 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 from the Encinitas Union Elementary/San Dieguito Union High School
Districts that this project has satisfied its obligation to provide school facilities.
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 Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90. All such
taxedfees 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 from 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 36 months from the date of project approval.
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
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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.
16. 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.
Enpineering
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed site development plan, must be met prior to approval of a building or
grading permit whichever occurs first.
General
18. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
19. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
FeedAgreements
20. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City’s standard form Geologic Failure Hold Harmless Agreement.
21. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
22. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer. *
Grading
23. Upon completion of grading, Developer shall file an “as-graded” geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on a
contour map which represents both the pre and post site grading. The plan shall be signed
by both the soils engineer and the engineering geologist, and shall be submitted on a 24”
x 36” mylar or similar drafting film format suitable for a permanent record.
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24. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit from the City Engineer prior to issuance of a building permit for the
project.
Dedications/Improvements
25. Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a Water Pollution Control Plan (WPCP)
in accordance with the City of Carlsbad Standard Urban Storm Water Mitigation
Plan.
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Water
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Fire
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Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
The Developer shall install potable water services and meters at a location approved by
the District Engineer. The locations of said services shall be reflected on public
improvement plans.
This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy.
The Developer shall meet with and obtain approval from the Leucadia Wastewater
District regarding sewer infrastructure available or required to serve this project.
Fire shall require the installation of Fire Sprinklers in each unit on each level.
Fire shall require the installation of single-station smoke detectors on each level and each
sleeping room.
Storage under interior stairs shall be permitted only if these areas are protected by an
Auto-Sprinkler system.
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Code Reminders:
34. 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.
35. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
36. 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 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 fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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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 21st day of April 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
MFLISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HO~MILYER
Planning Director
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