HomeMy WebLinkAbout2007-09-19; Planning Commission; Resolution 6329PLANNING COMMISSION RESOLUTION NO. 6329
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO CARLSBAD TRACT CT 04-14(A) TO
3 SUBDIVIDE A 2.79 ACRE SITE INTO 14 RESIDENTIAL LOTS
AND 3 OPEN SPACE LOTS ON PROPERTY GENERALLY
4 LOCATED ON THE WEST SIDE OF DONNA DRIVE AND
5 NORTH OF CARLSBAD VILLAGE DRIVE WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 1.
6 CASE NAME: TRAILS END
CASE NO.: CT 04-14(A)
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WHEREAS, Luke Development, LLC, "Owner/Developer," has filed a verified
o
9 application with the City of Carlsbad regarding property described as
10 That Portion of Lot 7 of Section 32, Township 11 South, Range
4 West, San Bernardino Meridian, in the City of Carlsbad,
County of San Diego, State of California, according to official
12 Plat thereof, as described in Attachment "A"
13 ("the Property"); and
14 WHEREAS, said verified application constitutes a request for a Tentative Tract
Map Amendment as shown on Exhibits "A" - "P" dated March 1, 2006, on file in the Planning
16
Department TRAILS END - CT 04-14, as provided by Chapter 20.12 of the Carlsbad
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Municipal Code; and18 y
19 WHEREAS, the Planning Commission did, on the 19th day of September, 2007,
20 hold a duly noticed public hearing as prescribed by law to consider said request; and
21 WHEREAS, at said public hearing, upon hearing and considering all testimony
22 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
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relating to the Tentative Tract Map; and
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WHEREAS, on March 1, 2006, the Planning Commission approved, CT 04-14,
26 as described and conditioned in Planning Commission Resolution No. 6035.
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.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES TRAILS END - CT 04-14(A), based on the following findings and
subject to the following conditions:
3
Findings:4
1. All the findings contained in Planning Commission Resolution 6035, dated March 1,
2006 for CT 04-14 are incorporated herein by reference and remain in effect.
2. That the City's Inclusionary Housing Ordinance (Chapter 21.85) requires that a
7 minimum of 15% of all approved units in any qualified residential subdivision be
made affordable to lower income households; that in accordance with the
8 Inclusionary Housing Ordinance and at the sole discretion of the City Council, the
developer may receive approval of an alternative to producing two (2) affordable
dwelling units on site through the participation in an off-site combined inclusionary
10 housing project as set forth within C.M.C. Chapter 21.85 including, but not limited
to, the purchase of three (3) affordable housing credits in the Roosevelt Gardens
11 affordable condominium project located within the Northwest Quadrant of the City;
and that in the event that housing credits are not available at the time of
development, the developer may construct and deed restrict two (2) units on Lots 7
i o and 8 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
14 Code (C.M.C.).
15 3. That the purchase of three (3) affordable housing credits as an alternative to
construction of two new attached town home inclusionary units can be supported in
that a restriction on the affordability of two town-home inclusionary units would be
,7 infeasible and would present unreasonable financial hardship in light of such
factors as project size, site constraints, market competition, price, product type
18 disparity, developer capability, and financial subsidies available.
19 4. That the environmental impacts of the project were previously analyzed during the
approval of the Mitigated Negative Declaration and the new condition is equivalent
to the previous condition and will create no more adverse effects on its own than the
21 original measure would have.
22 5. 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
23 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;
26 1. All of the conditions contained in Planning Commission Resolution No. 6035, dated
March 1, 2006 for CT 04-14 are incorporated herein by reference and remain in
27 effect, except for condition No. 12 which is replaced by new condition 2 below.
OS 2. 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
PC RESO NO. 6329 -2-
Developer shall enter into an Affordable Housing Agreement with the City to provide and
2 deed restrict two (2) dwelling units on Lots 7 and 8 as affordable to lower-income
households for 55 years, in accordance with the requirements and process set forth in
3 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 as set
4 forth in C.M.C. Chapter 21.85 and located within the Northwest Quadrant of the
r City which may include, but is not limited to, financial participation in the off-site
combined inclusionary housing project known as the Roosevelt Gardens affordable
6 housing project which is located in the Northwest Quadrant of the City. The draft
Affordable Housing Agreement shall be submitted to the Planning Director no later than
7 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 interest.o
9 Grading
10 3. Developer shall cause property owner to process, execute and submit an executed copy to
the City Engineer for recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
19 treatment control, applicable site design and source control, post-construction permanent
Best Management Practices prior to the issuance of a grading permit or building permit,
13 or the recordation of a final map, whichever occurs first for this Project.
14 Final Map Notes
Add the following note to the final map as non-mapping data.
16
4. The owner of this property on behalf of itself and all of its successors in interest has
17 agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface waters
or drainage, or the concentration of surface waters or drainage from the drainage system
jo or other improvements identified in the City approved development plans; or by the
design, construction or maintenance of the drainage system or other improvements
20 identified in the City approved development plans.
21 NOTICE
22
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
23 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
25 You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
26 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
2 ' follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
PC RESO NO. 6329 -3-
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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
zoning, grading, or other similar application processing or service fees in connection
planning,
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
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 19th day of September,
the following vote, to wit:
otherwise
Planning
2007, by
AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
x-x
vL^ (\ ^ .
/ \ ' -J^JL**,
JULIE BAKERAChairperson
CARLSBAEl£KANNrNG COMMISSION
ATTEST:
f\vi y\*£>fr/i / \&U
DON NEU
Planning Director
.
(
PC RESO NO. 6329 -4-
ATTACHMENT "A"
Page 1 DESCRIPTION
Order No. 53010268
THAT PORTION OF LOT 7 OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7; THENCE ALONG THE WEST LINE OF
SAID LOT 7, SOUTH 1Q32'19" WEST 360.00 FEET; THENCE ALONG THE STRAIGHT LINE DRAWN
THROUGH THE NORTHWEST CORNER OF LOT 6 OF FALCON HILL UNIT NO. 3, ACCORDING TO
MAP THEREOF NO. 5520, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
SOUTH 88'43'Zr EAST 264.90 FEET; THENCE NORTH 36'59'11" EAST 208.57 FEET TO THE
BEGINNING OF A TANGENT 892.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY ALONG SAID CURVE 266.77 FEET THROUGH AN ANGLE OF 17°08'07" TO THE
NORTH LINE OF SAID LOT 7; THENCE NORTH 88°4V14" WEST 570.54 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS DAF:
EXCEPTION PARCEL A:
ALL OF THAT PORTION OF LOT 7, OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7, BEING ALSO THE SOUTHWEST CORNER
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32;
THENCE SOUTH 89°11'20" EAST, ALONG THE NORTH LINE OF SAID LOT 7, A DISTANCE OF
353.62 FEET TO THE TRUE POINT OF BEGINNING OF THAT PORTION TO BE DESCRIBED.
THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 24'15f57" EAST, A DISTANCE OF
156.94 FEET TO THE SOUTHEASTERLY BOUNDARY OF GRANTOR'S PROPERTY BEING A POINT ON
AN 892.00 FOOT RADIUS CIRCULAR CURVE, CONCAVE SOUTHEASTERLY (FROM SAID POINT THE
CENTER OF SAID CURVE BEARS SOUTH 49"33'44" EAST);
THENCE NORTHEASTERLY ALONG SAID CURVE, AND SAID GRANTOR'S BOUNDARY, AN ARC
DISTANCE OF 206.00 FEET, THROUGH AN ANGLE OF 13°13'54", TO THE NORTH LINE OF SAID
LOT 7;
THENCE NORTH 89"11'20" WEST, ALONG THE NORTH LINE OF SAID LOT 7, A DISTANCE OF
214.98 FEET TO THE TRUE POINT OF BEGINNING OF THE PORTION DESCRIBED.
EXCEPTION PARCEL B:
ALL OF THAT PORTION OF LOT 7, OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDAIN,L IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED, DESCRIBED AS
FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7, BEING ALSO THE SOUTHWEST CORNER
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32;
THENCE SOUTH 89'11'20" EAST ALONG THE NORTH LINE OF SAID LOT 7 A DISTANCE OF
) 303.94 FEET TO THE TRUE PONT OF BEGINNING;
Page 2 DESCRIPTION
Order No. 53010268
THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 24°15'57" EAST A DISTANCE OF
200.85 FEET TO THE SOUTHEASTERLY BOUNDARY OF GRANTOR'S PROPERTY, BEING A POINT
ON THE ARC OF AN 892 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, (FROM SAID POINT
THE CENTER OF SAID CURVE BEARS SOUTH 52"48'16" EAST);
THENCE NORTHEASTERLY ALONG SAID 892 FOOT RADIUS CURVE, THROUGH AN ANGLE OF
3*14'32" FOR AN ARC DISTANCE OF 50.48 FEET;
THENCE NORTH 24"15'57" WEST A DISTANCE OF 156.94 FEET;
THENCE NORTH 89*11'20" WEST A DISTANCE OF 49.68 FEET TO THE TRUE POINT OF
BEGINNING.
(APN: 156-090-41)