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HomeMy WebLinkAbout2007-05-02; Planning Commission; Resolution 62911 PLANNING COMMISSION RESOLUTION NO. 6291 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN SDP 05-05 TO 4 CONSTRUCT TWO SECOND DWELLING UNITS TO MEET , THE AFFORDABLE HOUSING REQUIREMENT, OR THE OPTION TO PURCHASE TWO AFFORDABLE HOUSING 6 CREDITS WITHIN THE FUTURE ROOSEVELT GARDENS AFFORDABLE HOUISNG PROJECT, ON PROPERTY 7 GENERALLY LOCATED WEST OF KELLY DRIVE AND NORTH OF HILLSIDE DRIVE AT THE TERMINUS OF AURA 8 CIRCLE WITHIN THE MELLO II SEGMENT OF THE LOCAL 9 COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. 10 CASE NAME: AURA CIRCLE CASE NO.: SDP 05-05 11 12 WHEREAS, Carlsbad Greens, LLC, "Owner/Developer," has filed a verified 13 application with the City of Carlsbad regarding property described as 14 That portion of Lot "I" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the 16 County Recorder of San Diego County, November 16, 1896, further described in Attachment "A" 17 ("the Property"); and lo , Q WHEREAS, said verified application constitutes a request for a Site Development 20 Plan as shown on Exhibits "A" - "AA" dated May 2,2007, on .file in the Planning Department, 21 AURA CIRCLE - SDP 05-05 as provided by Chapter 21.06/Section 21.53.120 of the Carlsbad 22 Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 2nd day of May, 2007 , hold a 24 duly noticed public hearing as prescribed by law to consider said request; and Z*J 26 WHEREAS, at said public hearing, upon hearing and considering all 27 testimony and arguments, if any, of all persons desiring to be heard, said Commission 28 considered all factors 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. B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of AURA CIRCLE - SDP 05-05 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 lots can accommodate the proposed second dwelling units while providing all required front, side and rear yard setbacks; the development proposal complies with all City standards for lot configuration, street widths, grading, and drainage; the project is compatible with the surrounding 13 development in scale and design; and the design of the second dwelling units are completely integrated into the design of the single-family residential structures and 14 therefore, preserve the single-family character of the surrounding neighborhood. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the proposed lots exceed the minimum lot size requirement for the zone and can easily accommodate the proposed second dwelling unit structures and additional 17 parking spaces while providing all required front, side, and rear yard setbacks. 18 3. 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 applicable second 9f) dwelling unit requirements in addition to regulations for setbacks, parking, and other development standards for the R-l-8,000 zone. 21 4. That the street systems serving the proposed use is adequate to properly handle all traffic 22 generated by the proposed use, in that the project includes the required street improvements which are necessary to serve the development. 23 5. That the City's Inclusionary Housing Ordinance (Chapter 21.85) requires that a minimum of 15% of all approved units in any qualified residential subdivision be 25 made affordable to lower income households; that the inclusionary housing requirement for this project is 1.65 dwelling units (rounded up to two (2) units); that 26 in accordance with the Inclusionary Housing Ordinance, the developer proposes to construct and deed restrict two (2) Second Dwelling Units on Lots 7 and 9 as affordable to lower-income households for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code (C.M.C.); and, that at the sole discretion of the City Council, the developer PC RESO NO. 6291 -2- may receive approval of an alternative to producing second dwelling units on site 2 through participation in an off-site combined inclusionary housing project as set forth within C.M.C. Chapter 21.85 including, but not limited to, the future 3 Roosevelt Gardens affordable condominium project located within the Northwest Quadrant of the City.4 6. That the construction of two (2) Second Dwelling Units as an alternative to construction of two new single-family inclusionary units can be supported in that a 5 restriction on the affordability of two single family inclusionary units would be infeasible and would present unreasonable financial hardship in light of such 7 factors as project size, site constraints, market competition, price, product type disparity, developer capability, and financial subsidies available. 8 Conditions: 10 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of a grading permit, whichever occurs first. 11 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. 17 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. 22 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 PC RESO NO. 6291 -3- 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 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. 6 6. This approval is granted subject to adoption and approval of the Mitigated Negative 7 Declaration and Mitigation Monitoring and Reporting Program, GPA 05-06, g ZC 05-03, LCPA 05-03, BMP 06-12, CT 03-10, HDP 03-05, and CDP 03-32 and is subject to all conditions contained in Planning Commission Resolutions No. 6285, 6286, 9 6287, 6288, 6289,6290, 6292 and 6293 for those other approvals incorporated herein by reference. 10 7. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the 12 Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict two (2) Second Dwelling Units on Lots 7 and 9 as affordable to lower- 13 income households for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code, or shall receive approval from the City Council to participate in an off-site combined inclusionary housing project , r as set forth in C.M.C. Chapter 21.85 and located within the Northwest Quadrant of the City which may include, but is not limited to, financial participation in the off- 16 site combined inclusionary housing project known as the Roosevelt Gardens affordable condominiums which is located within the Northwest Quadrant of the 17 City. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in 19 interest. 20 8. Developer shall construct the required inclusionary units concurrent with the project's market rate units, unless both the final decision-making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for 22 development. 23 9. The property owner shall sign an Affidavit of Compliance declaring that the Second Dwelling Units (SDU) do not conflict with the project CC&R's, that the property 24 owner will reside in either the main unit or second dwelling unit; and that the property owner has agreed to rent the SDU at a monthly rental rate not to exceed 30% of the gross monthly income of a low low-income household, adjusted for household size, at 70% of the San Diego County Area Median Income, and that the renter of said unit shall be income-qualified and the gross household income of said 27 renter shall not exceed 80% of the San Diego County Area Median Income, adjusted for household size, and as specified in the applicable Affordable Housing Agreement. PC RESO NO. 6291 -4- 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 2nd day of May 2007, by the following vote, to wit: AYES:Chairperson Baker, Commissioner Cardosa, Dominguez, Douglas, Montgomery, and Segall NOES: ABSENT: Commissioner Whitton JULIE^SAKER, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6291 -5-