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HomeMy WebLinkAbout2006-06-21; Planning Commission; Resolution 61031 PLANNING COMMISSION RESOLUTION NO. 6103 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN SDP 05-07 TO DEMOLISH AN 4 EXISTING SINGLE-FAMILY RESIDENCE AND DETACHED 5 GARAGE AND CONSTRUCT FOUR (4) RESIDENTIAL AIR- SPACE CONDOMINIUMS ON A .32 ACRE SITE ON 6 PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF ACACIA AVENUE BETWEEN CARLSBAD BOULEVARD 7 AND GARFIELD STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1. 8 CASE NAME: ACACIA ESTATES 9 CASE NO.: SDP 05-07 10 WHEREAS, Frank Wilkinson, "Applicant," has filed a verified application with 11 the City of Carlsbad regarding property owned by Acacia Estates, LLC, "Owner," described as 12 Lots F and H in block 1, of Palisades Heights, in the City of 13 Carlsbad, County of San Diego, State of California, according to Map thereof No. 1777, in the Office of the County Recorder 14 of San Diego County, January 11,1924 15 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Site Development 17 Plan as shown on Exhibits "A" - "J" dated June 21, 2006, on file in the Planning Department,18 19 ACACIA ESTATES - SDP 05-07 as provided by Chapter 21.06/Section 21.53.120 of the 20 Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on the 21st day of June 2006 , hold a 22 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. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2° Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Planning 3 Commission APPROVES ACACIA ESTATES - SDP 05-07 based on the following findings and subject to the following conditions:4 c Findings; 6 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 traffic circulation, in that the project is consistent with the General Plan as discussed 9 in the staff report. The four unit air space condominiums are compatible with surrounding single -and multi-family dwelling units. The project complies with all 10 applicable development standards and the surrounding streets are adequate to accommodate the 32 ADTs generated by the proposed project. 12 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 13 Zone (BAOZ), Residential Multiple-Family Zone (R-3), and Planned 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 16 conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated June 21,2006 including, but not limited to the following: 17 a. Land Use - The project is consistent with the City's General Plan as discussed in the staff report. 19 b. Circulation - The project will take access off of Acacia Avenue. On-site 20 circulation consists of a private driveway, which provides access to a semi- subterranean parking garage designed in accordance with City standards. 21 c. Noise - The project is not located adjacent to any noise source and will have no noise impacts. 23 d. Housing - The project is consistent with the Housing Element of the General 24 Plan as mentioned under the Land Use section above, and the Inclusionary Housing Ordinance as the applicant is proposing to satisfy the inclusionary 25 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. 27 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, PCRESONO. 6103 -2- setbacks, wall and fence heights, and will not adversely impact permitted future 2 uses in the neighborhood. 3 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 4 handle the 32 ADT generated by the four-unit condominium project. 6. The project is consistent with the City- Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 7 provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 8 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, 10 a. the project has been conditioned to provide proof from the Carlsbad Unified 1 1 School District that the project has satisfied its obligation for school facilities. b. the Public Facility fee is required to be paid by Council Policy No. 17 and will be , ., collected prior to the issuance of building permit. 14 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. 15 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 1 6 Code Section 14.28.020 and Landscape Manual Section I B). 17 8. The Planning Commission finds that the project, as conditioned herein, is in 18 conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated June 21, 2006 including, but not limited to the following: 19 a. Land Use - Land Use - The project is consistent with the City's General Plan 20 even though the proposed density of 12.5 du/ac is not within the density 91 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 12.5 du/ac is 22 below the Growth Management Control Point density (19 du/ac) used for the purpose of calculating the City's compliance with Government Code Section 23 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 need that are not utilized by 25 developers in approved projects are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other 26 projects. Accordingly, there is no net loss of 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. PCRESONO. 6103 -3- b. Circulation - The project will take access off of Acacia Avenue. On-site 2 circulation consists of a private driveway, which provides access to a semi- subterranean parking garage designed in accordance with City standards. 3 c. Noise - The project is not located adjacent to any noise source and will have 4 no noise impacts 5 d. Housing - The project is consistent with the Housing Element of the General g Plan and the Inclusionary Housing Ordinance as the applicant is proposing to satisfy the inclusionary requirement through the payment of an 7 inclusionary housing in-lieu fee. The project has been conditioned to pay the fee prior to building permit issuance. 8 e. Public Safety - The project is required to provide an automatic fire sprinkler system. 9. That the Planning Director has determined that the project belongs to a class of projects 11 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 12 preparation of environmental documents pursuant to Section 15332 - In-fill development Projects of the state CEQA Guidelines. In making this determination, the Planning 13 Director has found that the exceptions listed in Section 15300.2 of the state CEQA 14 Guidelines do not apply to this project. 15 10. 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 16 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. Conditions:lo 19 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map. 20 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 22 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 23 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 24 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. 26 2. 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 27 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. PCRESONO. 6103 -4- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 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 challenged, this approval shall be suspended as provided in Government Code Section c- 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 6 all requirements of law. 7 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 representatives, from and against any and all liabilities, losses, damages, demands, claims 9 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) 10 City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) 1 * Developer/Operator's installation and operation of the facility permitted hereby, including J2 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 13 all legal proceedings have been concluded and continues even if the City's approval is not validated. 14 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. 16 7. This approval is granted subject to the approval of CDP 05-18 and is subject to all 17 conditions contained in Planning Commission Resolution No. 6104 for those other approvals incorporated herein by reference.18 !9 8. This approval is granted subject to the approval of MS 05-09 and CP 05-07 and is subject to all conditions contained in the administrative approval documents for those 20 other approvals incorporated herein by reference. f\ 1Z1 9. At issuance of building permits, or prior to the approval of a final map and/or issuance of 22 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 23 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. 24 10. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its 26 obligation to provide school facilities. 27 11. 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. PCRESONO. 6103 -5- 12. Building permits will not be issued for this project unless the local agency providing 2 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 3 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 Final Map. 13. Approval is granted for Site Development Plan as shown on Exhibits "A" - "J" dated 6 June 21, 2006, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 9 #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 10 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. 13 15. 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 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. 6103 and 6104 on the property. Said Notice of Restriction shall note 16 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. 19 16. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to 20 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. 22 17. Developer shall post a sign in the sales office in a prominent location that discloses which 23 special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 24 18. 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 from weeds, trash, and debris. 27 19. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 28 PCRESONO. 6103 -6- 20. Developer shall submit and obtain Planning Director approval of a Final Landscape and 2 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 3 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris.4 ^ 21. 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 6 project's building, improvement, and grading plans. 7 22. Modification to the proposed project includes the deletion of the three (3) proposed vertical ADA compliant lifts located on the west elevation. The proposed vertical lifts are not a requirement of this condominium project and the applicant chooses not to 9 include them as part of this proposal at this time. 10 Fire; H 23. Include under Building Data the construction type and the sprinklers proposed. All 12 dwelling units shall be fire sprinkled. However, it must be determined whether or not the applicant wants to have individual systems or a common (preferred) system for this 13 project, which will include the U/G garage. Either option will affect the utility plan and require either an easement drawn for the DCDA or indicate a different sized water meter. 14 24. The applicant shall select a suitable location for the fire sprinkler riser using the follow information: 1) accessible from the exterior through a full height door; 2) may be in 16 another utility space; and 3) must allow at least 18 inches of clear space around the riser pipe and all appurtenances. 17 Code Reminders;18 , o 25. 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. 20 26. Developer shall pay a landscape plan check and inspection fee as required by Section 21 20.08.050 of the Carlsbad Municipal Code. 22 27. Approval of this request shall not excuse compliance with all applicable sections of the 23 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 24 28. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 25 Code Section 18.04.320. 26 29. Any signs proposed for this development shall at a minimum be designed in conformance 27 with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 28 PCRESONO. 6103 -7- 1 NOTICE 2 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 4 "fees/exactions." 5 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 g annul their imposition. 9 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 12 expired. 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 21st day of June 2006, by the 15 following vote, to wit: 16 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall, and Whitton 18 NOES: 19 ABSENT: 20 ABSTAIN: 22 23 MARTELL B. MONTlFOMERYMairperson 24 CARLSBAD PLANNING COMMISSION 25 ATTEST: 26 27 DON NEU Assistant Planning Director PCRESONO. 6103 -8-