HomeMy WebLinkAbout2006-10-18; Planning Commission; Resolution 61751 PLANNING COMMISSION RESOLUTION NO. 6175
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN TO DEMOLISH ONE SINGLE-
4 FAMILY HOME AND CONSTRUCT TWO (2) RESIDENTIAL
AIRSPACE CONDOMINIUMS ON A 0.43-ACRE SITE
LOCATED WEST OF OCEAN STREET AND NORTH OF
6 PACIFIC AVENUE WITHIN THE MELLO II SEGMENT OF
THE LOCAL COASTAL PROGRAM AND IN LOCAL
7 FACILITIES MANAGEMENT ZONE 1.
CASE NAME: DONALD CONDOMINIUMS
8 CASE NO.: SDP 05-17
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WHEREAS, Eric Beck, "Developer," has filed a verified application with the
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City of Carlsbad regarding property owned by Peter and Mary Kay Donald, "Owner,"
12 described as
13 A portion of Lot 6 of Granville Park, in the City of Carlsbad,
County of San Diego, State of California, according to Map
14 thereof No. 1782, filed in the Office of the County Recorder of
. , San Diego County, February 21,1924
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Site Development
181 ° Plan shown on Exhibits "A" - "K" dated October 18,2006, on file in the Planning Department,
19 DONALD CONDOMINIUMS - SDP 05-17, as provided by Chapter 21.06/Section 21.53.120
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of the Carlsbad Municipal Code; and
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22 WHEREAS, the Planning Commission did, on the 18th day of October, 2006,
23 hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26 relating to the Site Development Plan.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning28
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 DONALD CONDOMINIUMS - SDP 05-17 based on
the following findings and subject to the following conditions:
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<- Findings;
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
7 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 is a residential two-unit project at
11.76 du/ac, which is similar to surrounding residential land uses and consistent
with the Residential Medium-High Density (RMH; 8-15 du/ac) General Plan Land
10 Use designation.
11 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
12 Zone (BAOZ), Residential Multiple-Family Zone (R-3), and Planned Development
ordinance, including side and rear setbacks, lot coverage, parking, and height
restrictions without requiring any variances, with the exception of the front yard
14 setback for which an Administrative Variance (AV 05-06) was granted.
15 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 October 18, 2006, including, but not limited to the following:
17 a. Land Use - The project is consistent with the City's Residential Medium-
High Density (RMH) General Plan Land Use designation for the property.
The RMH designation allows residential development at a density range of
19 8 to 15 dwelling units per acre with a Growth Management Control Point
(GMCP) of 11.5 dwelling units per acre. The project site has a net
developable acreage of 0.17 acre. The project's proposed density of
11.76 du/ac (2 dwelling units) is within the RMH density range of 8 to
15 du/ac, but is slightly above the RMH GMCP of 11.5 du/ac used for the
22 purpose of calculating the City's compliance with Government Code Section
65863. At the GMCP, 1.95 dwelling units would be permitted on this 0.17 net
23 developable acre property. Although the project exceeds the GMCP for the
RMH General Plan Land Use designation by a fractional unit allocation of
0.05 dwelling unit, the General Plan Land Use Element allows the City to
25 approve residential development at a density that exceeds the GMCP for the
applicable density range, provided the proposed residential development
26 complies with the following required General Plan findings: 1) that the
project will provide sufficient additional public facilities for the density in
excess of the control point to ensure that the adequacy of the City's public
2g facilities plans will not be adversely impacted; 2) that there have been
sufficient developments approved in the quadrant at densities below the
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control point so that the approval will not result in exceeding the quadrant
2 limit; and, 3) all necessary public facilities required by the City's Growth
Management Program will be constructed, or are guaranteed to be
3 constructed, concurrently with the need for them created by this
development and in compliance with the adopted City standards. The
^ proposed project is consistent with the above required findings in that there
4- have been sufficient developments in the northwest quadrant that have
developed at densities below the GMCP such that the allocation of
6 0.05 dwelling units would not result in exceeding the quadrant limit, the
project is conditioned to pay the appropriate fees to comply with City's
7 Growth Management Program, and the City's public facilities plans will not
be adversely impacted as the allocation of 0.05 units has already been
analyzed and anticipated within the northwest quadrant.
9 b. Circulation - The project will take access off Ocean Street. On-site
10 circulation consists of a private driveway to each residence's garage. Ocean
Street is identified as an "alternative design" and does not require street
11 improvements.
17l/- c. Noise - The project is not located adjacent to any noise source and will have
, o no noise impacts.
14 d. Housing - The project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance as the applicant is proposing
15 to satisfy the inclusionary requirement through the payment of an
inclusionary housing in-lieu fee. The project has been conditioned to pay the
1" fee prior to building permit issuance.
17 4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
jg 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, side and
19 rear setbacks, wall and fence heights, and will not adversely impact permitted
future uses in the neighborhood. An Administrative Variance (AV 05-06) to reduce
the front yard setback from 20 feet to 12 feet has been granted.
21 5. That the street systems serving the proposed use is adequate to properly handle all traffic
22 generated by the proposed use, in that the existing street system will be adequate to
handle the 16 ADT generated by the proposed two-unit condominium. Ocean Street
23 is identified as an alternative design street and does not require street
improvements.
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
26 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding sewer collection
27 and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
° project will be installed to serve new development prior to or concurrent with need.
Specifically,
PCRESONO. 6175 -3-
a. The project has been conditioned to provide proof from the Carlsbad Unified
2 School District that the project has satisfied its obligation for school facilities.
3 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.
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f 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
6 building permit.
7 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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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
10 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332 - In-fill development
11 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
14 contained in this resolution and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
15 degree of the exaction is in rough proportionality to the impact caused by the project.
16 Conditions;
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map.
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
19 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
21 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
22 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
23 or a successor in interest by the City's approval of this Site Development Plan.
24 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
25 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
26 shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval shall require an amendment to this approval.
2g 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.
PCRESONO. 6175 -4-
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2 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
3 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
4 unless the City Council determines that the project without the condition complies with
<- all requirements of law.
6 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
7 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,
9 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
10 (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
facility of electromagnetic fields or other energy waves or emissions. This obligation
22 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
14 the Site Development Plan reflecting the conditions approved by the final decision-
1, making body.
16 7. 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
17 obligation to provide school facilities.
18 8. This project shall comply with all conditions and mitigation measures which are required
19 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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9. Building permits will not be issued for this project unless the local agency providing
21 water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
23 facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
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10. This approval is granted subject to the approval of HDP 05-13, CDP 05-52, and
25 CP 06-11 and is subject to all conditions contained in Planning Commission Resolutions
No. 6176, 6177, and 6178 for those other approvals incorporated herein by reference.26
27 11. This approval is granted subject to the approval of Minor Subdivision MS 05-31 and is
subject to all conditions contained in the City Engineer's approval letter for those other
28 approvals incorporated herein by reference.
PCRESONO. 6175 -5-
12. At issuance of building permits, or prior to the approval of a final map and/or issuance of
2 certificate of compliance for the conversion of existing apartments to airspace
condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as
3 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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13. Approval is granted for Site Development Plan as shown on Exhibits "A" - "K" dated
October 18, 2006, on file in the Planning Department and incorporated herein by
reference. Development shall occur substantially as shown unless otherwise noted in
these conditions.
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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
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
10 condition, free from weeds, trash, and debris.
11 15. 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.
13 16. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
14 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
., Local Facilities Management Plan fee for Zone 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
\ 7 approval will not be consistent with the General Plan and shall become void.
18 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
the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Site Development Plan, Hillside Development Permit,
Coastal Development Permit, and Condominium Permit by Resolutions No. 6175,
21 6176, 6177, and 6178 on the property. Said Notice of Restriction shall note the property
description, location of the file containing complete project details and all conditions of
22 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
24 the Developer or successor in interest.
25 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
26 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
2 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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Code Reminders:
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<- 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.
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21. Developer shall pay a landscape plan check and inspection fee as required by Section
7 20.08.050 of the Carlsbad Municipal Code.
8 22. Approval of this request shall not excuse compliance with all applicable sections of the
9 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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23. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
11 Code Section 18.04.320.
12 24. Any signs proposed for this development shall at a minimum be designed in conformance
13 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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15 NOTICE
16 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."
18 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
19 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
«1 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
22
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
23 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
25 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
2 Commission of the City of Carlsbad, California, held on the 18th day of October, 2006, by the
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following vote, to wit:4
c AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall, and Whitton
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NOES:
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ABSENT:
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9 ABSTAIN:
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12 MARTETL B. MONT<J6MERY^airperson
13 CARLSBAD PLANNING COMOTSSION
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15 ATTEST:
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17 (Lx.
18 DONNEU
Assistant Planning Director
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