HomeMy WebLinkAbout2006-05-17; Planning Commission; Resolution 60271 PLANNING COMMISSION RESOLUTION NO. 6027
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN SDP 05-06 TO DEMOLISH A SINGLE-
4 FAMILY DWELLING UNIT AND CONSTRUCT FOUR (4)
5 RESIDENTIAL AIRSPACE CONDOMINIUMS ON A
0.26-ACRE SITE ON PROPERTY GENERALLY LOCATED ON
6 THE NORTHEAST CORNER OF CARLSBAD BOULEVARD
AND HEMLOCK AVENUE IN THE MELLO II SEGMENT OF
7 THE LOCAL COASTAL PROGRAM AND IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
8 CASE NAME: PACIFIC SUNSET CONDOMINIUMS
9 CASE NO.: SDP 05-06
10 WHEREAS, John S. Beery, Architect, "Applicant," has filed a verified
application with the City of Carlsbad regarding property owned by John Zathas, "Owner,"
12 described as
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Lots 4 and 5 in Block E of Palisades, in the City of Carlsbad,
14 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
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Site Development18
jp Plan as shown on Exhibits "A" - "L" dated May 17, 2006, on file in the Planning Department,
20 PACIFIC SUNSET CONDOMINIUMS - SDP 05-06 as provided by Chapter 21.82 of the
21 Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 1st day of March, 2006, the
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15th day of March, 2006, and on the 17th day of May, 2006, hold a duly noticed public hearing
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as prescribed by law to consider said request; and
26 WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
OQz° relating to the Site Development Plan.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad as follows:
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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 PACIFIC SUNSET CONDOMINIUMS -
6 SDP 05-06 based on the following findings and subject to the following
conditions:
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Findings;
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n 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
1 o 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 proposed project includes the demolition of a single-
family dwelling and the construction of a four-unit multi-family residential project
at 15.38 du/ac, which is similar to surrounding residential land uses and consistent
13 with 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 the project complies with all development standards of the Beach Area Overlay
Zone (BAOZ), Residential Multiple-Family Zone (R-3), and Planned Development
ordinance, including setbacks, lot coverage, parking, and height restrictions without
17 requiring any variances.
18 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 May 17, 2006, including, but not limited, to the following:
20 a. Land Use - The project is consistent with the City's General Plan since the
proposed density of 15.38 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
22 Plan. The project's proposed density of 15.38 du/ac (4 du) is below the
Growth Management Control Point density (19 du/ac; 4.94 du is rounded up
to 5 du) 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
25 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
26 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
2g Housing Element allowing residential development with a unit capacity,
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including second dwelling units, adequate to satisfy the City's share of the
2 regional housing need.
3 b. Circulation - The project will take access off Hemlock Avenue. On-site
circulation consists of a private driveway, which provides access to above-
4 ground parking garages designed in accordance with City standards.
c. Noise - The project fronts on Carlsbad Boulevard and is conditioned to
comply with the 45 dB(A) CNEL ulterior noise standard, and the required
private recreation areas must comply with the 60 dB(A) CNEL exterior noise
7 standard.
8 d. Housing - The project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance as the applicant is proposing
" to satisfy the inclusionary requirement through the payment of an
inclusionary housing in-lieu fee on a per unit basis. The project has been
conditioned to pay the fee prior to building permit issuance.
11 4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
12 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
uses in the neighborhood.
15 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
16 handle the 32 ADT generated by the proposed four-unit condominium.
17 6. The project is consistent with the Citywide 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
19 provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
20 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:
22 a. The project has been conditioned to provide proof from the Carlsbad Unified
23 School District that the project has satisfied its obligation for school facilities.
24 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.
26 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
27 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).
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That the Planning Director has determined that the project belongs to a class of projects
2 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
3 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
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
7 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;
10 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of
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
14 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
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
18 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
20 different from this approval shall require an amendment to this approval.
21 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
24 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
25 unless the City Council determines that the project without the condition complies with
all requirements of law.26
27 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
28 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
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or indirectly, from (a) City's approval and issuance of this Site Development Plan,
2 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
3 (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
4 facility of electromagnetic fields or other energy waves or emissions. This obligation
5 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
7 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
9 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
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
j 2 Plan prior to the issuance of building permits.
13 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
14 adequate water service and sewer facilities, respectively, are available to the project at the
1, 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
16 shall be placed on the Parcel Map.
17 10. This approval is granted subject to the approval of CDP 05-09 and is subject to all
conditions contained in Planning Commission Resolution No. 6028 for those other
approvals incorporated herein by reference.
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11. This approval is granted subject to the approval of MS 05-12 and CP 05-05 and is
20 subject to all conditions contained in the administrative approval documents for those
other approvals incorporated herein by reference.
22 12. 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 airspace
23 condominiums, 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 in effect at the
24 time, as established by City Council Resolution from time to time.
25 13. Prior to building permit issuance, the developer shall submit an acoustical analysis
26 for the project due to the potential noise impacts from Carlsbad Boulevard. The
project is required to implement the recommendations if any outlined in the
27 acoustical analysis to ensure interior noise levels do not exceed 45 dB(A) CNEL and
exterior noise levels of 60 dB(A) CNEL. The report shall certify that the building
plans incorporate the required mitigation measures.
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14. Approval is granted for Site Development Plan as shown on Exhibits "A" - "L", dated
2 May 17, 2006, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
3 conditions.
15. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy
c #11, 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
6 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.
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9 16. Prior to the issuance 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
10 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. 6027 and No. 6028 on the property. Said Notice of Restriction shall
12 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
13 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.
17. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
16 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
17 existing schools, parks, and streets.
18 18. Developer shall post a sign in the sales office in a prominent location that discloses which
19 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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19. Developer shall establish a homeowner's association and corresponding covenants,
conditions, and restrictions. Said CC&Rs shall be submitted to and approved by the
22 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
23 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
26 of, or in which the City has an interest.
27 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.
PCRESONO. 6027 -6-
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2 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
3 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
6 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
7 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
9 Owners as provided herein.
10 d. 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
, 2 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
13 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
14 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,
15 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
17 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
1° rights and remedies available to the City, the City may levy a special assessment
, 0 against the Owners of each Lot in the Project for an equal pro rata share of the
invoice, plus the late charge. Such special assessment shall constitute a charge on the
20 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
21 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 his/her respective Lot for purposes of collecting such special assessment
23 in accordance with the procedures set forth in Article of this Declaration.
24 20. This project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for
25 such rental shall be not less than 26 days. The CC&Rs for the project shall include this
25 requirement.
27 21. Developer shall construct and install all landscaping as shown on the approved
Conceptual Plans, and maintain all landscaping in a healthy and thriving condition, free
28 from weeds, trash, and debris.
PCRESONO. 6027 -7-
22. This approval shall become null and void if building permits are not issued for this
2 project within 24 months from the date of project approval.
3 23. Prior to the recordation of the first parcel map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
may be subject to noise impacts from the proposed or existing Transportation Corridor, in
c a form meeting the approval of the Planning Director and the City Attorney (see Noise
Form #1 on file in the Planning Department).
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24. Developer shall submit and obtain Planning Director approval of a Final Landscape and
7 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
9 condition, free from weeds, trash, and debris.
10 25. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
12 Code Reminders;
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26. 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.
27. 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.
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28. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
18 Code Section 18.04.320.
19 29. Any signs proposed for this development shall at a minimum be designed in conformance
20 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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__ 30. 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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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 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
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 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 17th day of May, 2006, by the
following vote, to wit:
AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Segall, and Whitton
NOES:
ABSENT: Commissioner Heineman
ABSTAIN:
MARTELrB. MONTGOMERY, Clfnjperson
CARLSBAD PLANNING COMMISWON
ATTEST:
DONNEU
Assistant Planning Director
PCRESONO. 6027 -9-