HomeMy WebLinkAbout2006-01-18; Planning Commission; Resolution 60171 PLANNING COMMISSION RESOLUTION NO. 6017
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN SDP 05-09 TO DEMOLISH THREE (3)
4 DWELLING UNITS AND CONSTRUCT TWO (2) RESIDENTIAL
AIR-SPACE CONDOMINIUMS ON A .13 ACRE SITE ON
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF
6 HEMLOCK AVENUE BETWEEN CARLSBAD BOULEVARD
AND GARFIELD STREET IN LOCAL FACILITIES
7 MANAGEMENT ZONE 1.
CASE NAME: HEMLOCK CONDOS
8 CASE NO.: SDP 05-09
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WHEREAS, Ed Mullen, "Applicant," has filed a verified application with the
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City of Carlsbad regarding property owned by Khanna Makhachev, "Owner," described as
12 Lot 6 in Block E of Palisades, in the City of Carlsbad, County
of San Diego, State of California, according to map thereof No.
13 1747, filed in the Office of the County Recorder of San Diego
County, February 5,1923
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("the Property"); and
16 WHEREAS, said verified application constitutes a request for a Site Development
17 Plan as shown on Exhibits "A" - "M" dated January 18, 2006, on file in the Planning
1 O1 ° Department, HEMLOCK CONDOS - SDP 05-09 as provided by Chapter 21.82 of the Carlsbad
19 Municipal Code; and
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WHEREAS, the Planning Commission did, on the 18th day of January, 2006,
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22 hold a duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25 relating to the Site Development Plan.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
2 Commission APPROVES HEMLOCK CONDOS - SDP 05-09 based on the
following findings and subject to the following conditions:
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Findings:
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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
7 traffic circulation, in that the proposed project is a residential two-family project at 15
du/ac, which is similar to surrounding residential land uses and consistent with the
Residential High Density (RH; 15-23 du/ac) General Plan land use designation.
Q 2. That the site for the intended use is adequate in size and shape to accommodate the use,
in that the project complies with all development standards of the Beach Area
Overlay Zone (BAOZ), Residential Multiple-Family Zone (R-3), and Planned
11 Development ordinance, including setbacks, lot coverage, parking, and height
restrictions without requiring any variances.
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
14 the staff report dated January 18, 2006 including, but not limited to the following:
15 a. Land Use - The project is consistent with the City's General Plan since the
proposed density of 15 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 15 du/ac is slightly below the
Growth Management Control Point density (19 du/ac) used for the purpose
lg of calculating the City's compliance with Government Code Section 65584.
However, consistent with Program 3.8 of the City's certified Housing
19 Element, all of the dwelling units which were anticipated toward achieving
the City's share of the regional housing need 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
22 there are adequate properties identified in the Housing Element allowing
residential development with a unit capacity, including second dwelling
units, adequate to satisfy the City's share of the regional housing need.
b. Circulation - The project will take access off of Hemlock Avenue. On-site
25 circulation consists of a private driveway, which provides access to a semi-
subterranean parking garage designed in accordance with City standards.
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c. Noise - The project is not located adjacent to any noise source and will have
27 no noise impacts.
d. Housing - The project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance as the applicant is proposing
PCRESONO. 6017 -2-
to satisfy the inclusionary requirement through the payment of an
2 inclusionary housing in-lieu fee. The project has been conditioned to pay the
fee prior to building permit issuance.
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4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
4 the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project complies with all required yards,
setbacks, wall and fence heights, and will not adversely impact permitted future
6 uses in the neighborhood.
7 5. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the existing street system will be adequate to
8 handle the 16 ADT generated by the proposed two-unit condominium.
" 6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
IQ 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
11 provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
12 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,
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a. the project has been conditioned to provide proof from the Carlsbad Unified
15 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
j 7 collected prior to the issuance of building permit.
18 c. the Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal
Code Section 21.90.050 and will be collected prior to issuance of building permit.
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7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
20 Code Section 14.28.020 and Landscape Manual Section I B).
21 8. That the Planning Director has determined that the project belongs to a class of projects
22 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
23 preparation of environmental documents pursuant to Section 15332 - In-fill development
Projects 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
25 Guidelines do not apply to this project.
26 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
27 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.28
PCRESONO. 6017 -3-
Conditions;
2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map.
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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
6 future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
7 property title; 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.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
10 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.
13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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4. 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
16 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
17 unless the City Council determines that the project without the condition complies with
all requirements of law.
5. 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
20 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)
23 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
24 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.
26 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
27 the Site Plan reflecting the conditions approved by the final decision making body.
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7. Prior to the issuance of a building permit, the Developer shall provide proof to the
2 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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8. This project shall comply with all conditions and mitigation measures which are required
4 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
r Plan prior to the issuance of building permits, including, but not limited to the following:
6 9. 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
7 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. A note to this effect
9 shall be placed on the Final Map.
10 10. Developer shall submit and obtain Fire Department approval of an automatic fire
sprinkler system designed to NFPA 13 in the garage and NFPA 13-R in all other
areas.
12 11. This approval is granted subject to the approval of CP 05-10 and CDP 05-25 and is
13 subject to all conditions contained in Planning Commission Resolutions No. 6018 and
6019 for those other approvals incorporated herein by reference.
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1, 12. This approval is granted subject to the approval of Minor Subdivision MS 05-19 and is
subject to all conditions contained in the City Engineer's approval letter for those other
16 approvals incorporated herein by reference.
17 13. At issuance of building permits, or prior to the approval of a final map and/or issuance of
certificate of compliance for the conversion of existing apartments to air-space
condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as
19 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.
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14. Approval is granted for Site Development Plan as shown on Exhibits "A" - "M", dated
January 18, 2006, on file in the Planning Department and incorporated herein by
22 reference. Development shall occur substantially as shown unless otherwise noted in
these conditions.
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15. All construction activities shall be planned so that grading will occur in units that can be
24 easily completed within the summer construction season. All grading operations shall be
limited to April 1 to October 1 of each year. All areas disturbed by grading shall be
planted within 60 days of initial disturbance and prior to October 1 with temporary or
26 permanent (in the case of finished slopes) erosion control methods. The October 1
grading season deadline may be extended with the approval of the City Engineer subject
27 to implementation by October 1 of erosion control measures designed to prohibit
discharge of sediments offsite during and after the grading operation is completed.
Extensions beyond November 15 may be allowed in areas of very low risk of impact to
PCRESONO. 6017 -5-
sensitive coastal resources and may be approved either as part of the original coastal
2 development permit or as a formal amendment to an existing coastal development permit.
3 16. 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
4 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 1, pursuant to Chapter 21.90. All such
6 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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17. Prior to the issuance of the Final Map, 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
9 the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Site Development Plan, Condominium Permit and
10 Coastal Development Permit by Resolutions No. 6017, 6018 and 6019 on the property.
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
12 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,
13 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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1 - 18. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the sales office at all times. All sales maps that are distributed
16 or made available to the public shall include but not be limited to trails, future and
existing schools, parks and streets.
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19. Developer shall post a sign in the sales office in a prominent location that discloses which
special districts and school district provide service to the project. Said sign shall remain
i o posted until ALL of the units are sold.
20 Code Reminders:
21 20. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
„ required by Chapter 20.44 of the Carlsbad Municipal Code.
23 21. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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22. 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
26 permit issuance, except as otherwise specifically provided herein.
27 23. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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24. Any signs proposed for this development shall at a minimum be designed in conformance
2 with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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4 NOTICE
5 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 fees/exactions. 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
9 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.10 V
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,
12 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
13 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
14 expired.
15 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
16 Commission of the City of Carlsbad, California, held on the 18th day of January, 2006, by the
following vote, to wit:
18 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
19 Dominguez, Heineman, Segall and Whitton
20 NOES:
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24 MARTELL B. MONTGOMERY, Chairperson
25 CARLSBAD PLANNING COMMISSION
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27 ii DON NEU
Assistant Planning Director
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