HomeMy WebLinkAbout2008-03-05; Planning Commission; Resolution 63961 PLANNING COMMISSION RESOLUTION NO. 6396
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 05-28 TO DEMOLISH AN
4 EXISTING 50-UNIT APARTMENT COMPLEX AND TO
5 SUBDIVIDE THE 3.05 ACRE SITE AND CONSTRUCT 35
RESIDENTIAL AIR-SPACE CONDOMINIUM UNITS ON ONE
6 HOA LOT ON PROPERTY GENERALLY LOCATED AT 2303
OCEAN STREET ON THE NORTH SIDE OF OCEAN STREET
7 AND WEST OF MOUNTAIN VIEW DRIVE WITHIN THE
MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM
8 AND LOCAL FACILITIES MANAGEMENT ZONE 1.
9 CASE NAME: OCEAN STREET RESIDENCES
CASE NO.: CDP 05-28
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WHEREAS, 2303 Investors, LP, "Owner/Developer," has filed a verified
j2 application with the City of Carlsbad regarding property described as
13 That portion of Lot "A" of Granville Park Unit No. 2
according to Map thereof No. 2037 and that portion of Laguna
14 Drive of Granville Park adjacent thereto (vacated by
Resolution No. 918 of the City Council of the City of Carlsbad,
California, recorded July 19, 1963 as Document No. 126793,
16 Records of San Diego County California) according to Map
thereof No. 1782 - all in the City of Carlsbad, County of San
17 Diego, State of California and filed in the Office of the County
Recorder of said County18 y
19 ("the Property"); and
20 WHEREAS, said verified application constitutes a request for a Coastal
21 Development Permit as shown on Exhibits "A"- "PP" dated March 5, 2008, on file in the
22 Planning Department, OCEAN STREET RESIDENCES - CDP 05-28, as provided by Chapter
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21.201.040 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on March 5, 2008, hold a duly
26 noticed public hearing as prescribed by law to consider said request; and
27 WHEREAS, at said public hearing, upon hearing and considering all testimony
2° and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CDP.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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c B) That based on the evidence presented at the public hearing, the Commission
APPROVES OCEAN STREET RESIDENCES - CDP 05-28 based on the
6 following findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Mello II Segment of the
Certified Local Coastal Program and all applicable policies in that the project proposes
to demolish an existing 50-unit apartment complex and construct a new 35-unit
10 residential air-space condominium project on a 3.05 acre site with a net density of
11.74 du/ac which is consistent with the property's LCP Land Use designation of
RMH (Medium-High Density Residential, 8-15 du/ac) and Zoning of R-3 (Multiple-
Family Residential); the development does not obstruct public views of the coastline
as seen from public lands or rights-of-way; the project will not impact any
13 agricultural activities or important farmland; there are no sensitive resources on
site; the project site is located over 100 feet from the Buena Vista Lagoon; and the
14 project has been conditioned to comply with erosion and storm water control
measures.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the project is not located adjacent to the shore. An existing
17 public access point is located approximately 150 feet west of the site and no
additional public access requirements are required for this site. The project will not
18 interfere with the public's right to physical access to the sea and the site is not suited
for water-oriented recreational activities.
9 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
21 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
22 Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
erosion. No steep slopes or native vegetation is located on the subject property and the
site is not located in an area prone to landslides, or susceptible to accelerated erosion,
24 floods, or liquefaction.
25 4. The project site does not front the Pacific Ocean and therefore, is not located between
the sea and the first public road parallel to the sea and, therefore, is not subject to the
26 provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the
Zoning Ordinance).
5. The site is not subject to Policy 3-2 Buena Vista Lagoon in that the site does not
border the lagoon since an open space lot and residential lot are located between the
site and the Buena Vista Lagoon.
PC RESO NO. 6396 2
6. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
2 of the Land Use Plan, certified September 1990 and, therefore, is not subject to the
Coastal Agricultural Overlay Zone (Chapter 21.201 of the Zoning Ordinance).
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7. The project is located within the Coastal Zone and is subject to California
4 Government Code Section 65590 which requires that replacement dwelling units
must be provided if the existing residences are occupied by persons and families of
low or moderate income (as defined by Section 50093 of the California Health and
g Safety Code). Evidence has been provided showing that none of the existing units
are occupied by persons or families with low or moderate income levels and
7 therefore, no low-income tenants will be displaced.
8 8. 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
to mitigate impacts caused by or reasonably related to this project, and the extent and the
I Q degree of exaction is in rough proportionality to the impact caused by the project.
II Conditions:
12 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
recordation or issuance of a grading permit, whichever occurs first.
14 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
15 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
17 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
18 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 Coastal Development Permit.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit documents, as necessary to make
21 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
22 development, different from this approval, shall require an amendment to this approval.
73 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
24 regulations in effect at the time of building permit issuance.
25 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
26 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
28 all requirements of law.
PC RESO NO. 6396 3
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
3 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 Coastal Development Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
c nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
6 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
7 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.o
9 6. The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
10 Section 21.201.210 of the Zoning Ordinance.
7. This approval is granted subject to the adoption and approval of the Ocean Street
19 Residences Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program, CT 05-12, CP 05-11 and is subject to all conditions contained in
13 Planning Commission Resolutions No. 6393, 6394 and 6395 for those other approvals
incorporated herein by reference.
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PC RESO NO. 6396
1 NOTICE
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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
A "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
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
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning14
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expired.
Commission of the City of Carlsbad, California, held on the March 5, 2008, by the following
vote, to wit:
AYES: Commissioners Baker, Boddy, Cardosa, Montgomery, and
, 0 Chairperson Whitton1 o
NOES: Commissioner Dominguez
ABSENT: Commissioner Douglas
21 ABSTAIN:
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//FRANK WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6396