HomeMy WebLinkAbout2006-04-19; Planning Commission; Resolution 60701 PLANNING COMMISSION RESOLUTION NO. 6070
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN TO CONSTRUCT FOUR (4)
4 RESIDENTIAL AIR-SPACE CONDOMINIUMS ON A .223
5 ACRE SITE GENERALLY LOCATED SOUTH OF
TAMARACK AVENUE AND EAST OF GARFffiLD STREET,
6 IN THE MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE
7 1.
CASE NAME: TAMARACK BEACH LOFTS
8 CASE NO.: SDP 05-08
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WHEREAS, Daniel Zimmermann, "Developer," has filed a verified application
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with the City of Carlsbad regarding property owned by Lugano Shores Investment LLC,
12 "Owner," described as
13 The Northeasterly 65 feet of the Northwesterly 150 feet of Lot
10 in Block 5, as shown on Map 1803, in the City of Carlsbad,
14 County of San Diego, State of California
15 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Site Development
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Plan as shown on Exhibits "A" - "N" dated April 19, 2006, on file in the Planning Department,18
19 TAMARACK BEACH LOFTS - SDP 05-08 as provided by Chapter 21.06/Section 21.53.120
20 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on the 19th day of April, 2006, hold
22 a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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26 relating to the Site Development Plan.
27 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
2 Commission APPROVES TAMARACK BEACH LOFTS - SDP 05-08 based
on the following findings and subject to the following conditions:
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Findings;4
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
7 traffic circulation, in that the proposed project is a residential multiple family project
at 18 du/ac, which is similar to surrounding residential land uses and consistent with
8 the Residential High Density (RH; 15-23 du/ac) General Plan land use designation.
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2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that project complies with all development standards of the Residential Density-
Multiple Zone (RD-M), Beach Area Overlay Zone (BAOZ), 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 April 19,2006 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 18 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
1 _ Plan. The project's proposed density of 18 du/ac (4 du) is slightly below the
Growth Management Control Point density of 19 du/ac (4.24 du) used for the
18 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, including fractional 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
22 residential unit capacity and 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.
25 b. Circulation - The project will take access off of Tamarack Avenue and will be
required to provide full street improvements. On-site circulation consists of
26 a private driveway which provides access to a basement level garage
designed in accordance with City standards.27
c. Noise - The project is located adjacent to Tamarack Avenue and will have to
provide enhanced windows and patio and balcony walls to reduce the noise
levels to a 45 dBA CNEL noise standard.
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d. Housing - The project is consistent with the Housing Element of the General
2 Plan and the Inclusionary Housing Ordinance as the applicant is proposing
to satisfy the inclusionary housing requirement through the payment of an
3 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
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
7 uses in the neighborhood.
8 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
handle the 32 ADT generated by the proposed four-unit condominium permit.
10 6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
11 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
12 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
14 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
School District that the project has satisfied its obligation for school facilities.
171' b. the Public Facility fee is required to be paid by Council Policy No. 17 and will be
I n collected prior to the issuance of building permit.
19 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
21 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
24 preparation of environmental documents pursuant to Section 15332 - In-fill development
Projects of the state CEQA Guidelines. In making this determination, the Planning
25 Director has found that the exceptions listed in Section 15300.2 of the state CEQA
, Guidelines do not apply to this project.
27 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
28 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.
PC RESO NO. 6070 -3-
1 Conditions;
2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Parcel Map.
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1. 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
^2 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.18
in 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
21 or indirectly, from (a) City's approval and issuance of this Site Development Plan, (b)
22 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 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
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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
shall be placed on the Parcel Map.
10 10. This approval is granted subject to the approval of CDP 05-08 and is subject to all
conditions contained in Planning Commission Resolution No. 6072 for those other
approvals incorporated herein by reference.
12 11. This approval is granted subject to the approval of Minor Subdivision MS 05-32 and
13 Minor Condominium Permit CP 05-02 and is subject to all conditions contained in the
City Engineer's and Planning Director's approval letters for those other approvals
14 incorporated herein by reference.
12. At issuance of building permits, or prior to the approval of a parcel map, the 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 hi effect at the time, as established by City
17 Council Resolution from time to time.
i R10 13. Approval is granted for Site Development Plan as shown on Exhibits "A" - "N", dated
April 19, 2006, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
20 conditions.
14. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
23 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
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15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
5 landscape plan check process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
27 16. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
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17. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
2 #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
3 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
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.
6 18. Prior to the approval of the Parcel 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
7 the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Site Development Plan and Coastal Development Permit
by Resolutions No. 6070 and 6072 on the property. Said Notice of Restriction shall note
9 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
10 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.
12 19. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
13 the Planning Director, in the sales office at all times. All sales maps that are distributed
or made available to the public shall include but not be limited to trails, future and
existing schools, parks and streets.
20. Developer shall post a sign in the sales office in a prominent location that discloses which
16 special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
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21. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
i o 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
20 CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
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_„ a. 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
23 of, or in which the City has an interest.
24 b. 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.
27 c. 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
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the City elects to perform such maintenance, the City shall give written notice to the
2 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
3 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
6 Owners as provided herein.
7 d. Special Assessments Levied by the City, hi 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
9 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
10 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
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,
13 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
14 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
17 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
, 0 all legal actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in
20 accordance with the procedures set forth in Article of this Declaration.
21 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit.
23 f. Balconies, trellis and decks. The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit
24"
25 Code Reminders;
26 22. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
27 required by Chapter 20.44 of the Carlsbad Municipal Code.
28 23. 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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24. Approval of this request shall not excuse compliance with all applicable sections of the
2 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
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25. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
4 Code Section 18.04.320.
26. Any signs proposed for this development shall at a minimum be designed in conformance
6 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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8 NOTICE
9 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
10 "fees/exactions."
11 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
12 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.
15 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,
16 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 19th day of April 2006, by the
following vote, to wit:
AYES:Chairperson Montgomery, Commissioners Baker, Cardosa,
Heineman, Segall and Whitton
NOES:
ABSENT: Commissioner Dominguez
ABSTAIN:
MARTELL B. MONFGOMER^Chairperson
CARLSBAD PLANNING COMMISSION
DONNEU
Assistant Planning Director
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