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HomeMy WebLinkAbout2006-11-15; Planning Commission; Resolution 61941 PLANNING COMMISSION RESOLUTION NO. 6194 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN SDP 04-07 FOR 4 THE DEVELOPMENT OF 30 CONDOMINIUM UNITS OF 5 WHICH 7 UNITS WILL BE MADE AVAILABLE TO VERY LOW-INCOME HOUSEHOLDS AND 7 UNITS WILL BE 6 MADE AVAILABLE TO LOW-INCOME HOUSEHOLDS ON PROPERTY GENERALLY LOCATED SOUTHEAST OF THE 7 INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL 8 PROGRAM AND IN LOCAL FACILITIES MANAGEMENT 9 ZONE 21. CASE NAME: POINSETTIA PLACE 10 CASE NO.: SDP 04-07 - 11 WHEREAS, Sierra Linda Development Company, "Developer," has filed a 12 verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia 13 Land Company, a California Limited Liability Co., "Owner," described as 14 The north half of the southwest quarter of the southwest quarter of Section 23, Township 12 south, Range 4 west, San 16 Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof 17 ("the Property"); and 18 j g WHEREAS, said verified application constitutes a request for a Site Development 20 Plan as shown on Exhibits "A" - "R" and "Al" - "A26" dated November 15, 2006, on file in 21 the Planning Department, POINSETTIA PLACE - SDP 04-07, as provided by Chapter 22 21.06/Sectidn 21.53.120 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 15th day of November, 2006 , 24 hold a duly noticed public hearing 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 28 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: 3 A) That the foregoing recitations are true and correct.4 B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of POINSETTIA PLACE - SDP 04-07, based on the following findings and subject to the following conditions: Findings; 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 10 the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic circulation, in that the proposed airspace condominium units are compatible with the surrounding land uses in that the adjacent land uses are designated RM, . „ RMH, RH, and OS; that the adjacent properties are developed with similar multi- family residential projects; that the project will provide housing units for very-low 13 and low-income households; and that other properties in the general vicinity have been developed with for-sale and rental housing for lower-income households. 14 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that all of the onsite parking has been provided and the building meets all of the . , applicable required height and setback standards of the underlying RD-M zone and the Planned Development Ordinance. 17 3. That the minimum balcony dimensions for private Recreational Space per C.M.C. 18 Section 21.45.080 is 10 feet by 6 feet and that the applicant's request to reduce that standard and provide balconies for units in the podium building with the dimensions of 8.5 feet by 6 feet is consistent with the provisions of C.M.C. Section 2Q 21.85.100 to allow standards modifications as an offset for the provision of seven very-low and seven low-income housing units. 21 4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 22 the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that no adjustments are necessary to adapt the project to the existing or future development of the neighborhood. 5. That the street systems serving the proposed use is adequate to properly handle all traffic 25 generated by the proposed use, in that the street system was designed to accommodate up to 10,000 ADT as a local collector street and the project will contribute 240 ADT. 26 Conditions; 27 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or recordation of a final map for CT 04-10, whichever occurs first. PCRESONO. 6194 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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. 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 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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 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 all requirements of law. 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 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Site Development Plan, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (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 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment GPA 04-12, Zone Change ZC 04-08, Local Coastal Program Amendment LCPA 04- 11, Carlsbad Tract Map CT 04-10, Condominium Permit CP 05-05, Hillside Development Permit HDP 04-05, Coastal Development Permit CDP 04-23, and Habitat Management Plan Permit HMPP 06-08 and is subject to all conditions contained in Planning Commission Resolutions No. 6187, 6188, 6189, 6190,6191,6192, 6193,6195, and 6196 for those other approvals incorporated herein by reference. PCRESONO. 6194 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 15th day of November 2006, by the following vote, to wit: AYES: Vice Chairperson Baker, Commissioners Cardosa, Dbminguez, and Whitton NOES: Commissioner Segall ABSENT: Chairperson Montgomery and Commissioner Heineman .BSTAIN: JULIECARLS: ATTEST: , Vice Chairperson LANNING COMMISSION DON NEU Assistant Planning Director PCRESONO. 6194 -4-