HomeMy WebLinkAbout2008-03-05; Planning Commission; Resolution 63971 PLANNING COMMISSION RESOLUTION NO. 6397
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A SITE DEVELOPMENT PLAN SDP 06-10 TO
4 CONVERT SEVEN (7) MARKET-RATE UNITS TO
5 AFFORDABLE UNITS WITHIN AN EXISTING 10-UNIT
APARTMENT BUILDING AS AN ALTERNATIVE TO THE
6 CONSTRUCTION OF NEW INCLUSIONARY HOUSING UNITS
ON PROPERTY LOCATED AT 3366 ROOSEVELT STREET ON
7 THE EAST SIDE OF ROOSEVELT STREET BETWEEN
WALNUT AVENUE AND CHESTNUT AVENUE IN LOCAL
8 FACILITIES MANAGEMENT ZONE 1.
9 CASE NAME: ROOSEVELT STREET RESIDENCES
CASE NO.: SDP 06-10
10
WHEREAS, Roosevelt Group, LP, "Owner/Developer," has filed a verified
, 2 application with the City of Carlsbad regarding property described as
13 The northerly one-half of Lot 5 and all of Lots 6 and 7, Block
42 of Carlsbad, in the City of Carlsbad, County of San Diego,
14 State of California, according to Map thereof No. 535, filed in
the Office of the County Recorder of San Diego County,
May 2,1888
16
("the Property"); and
17
WHEREAS, said verified application constitutes a request for a Site Development18
jp Plan as shown on Exhibits "A" - "K" dated March 5, 2008, on file in the Planning Department,
20 ROOSEVELT STREET RESIDENCES - SDP 06-10 as provided by Chapter 21.06/Section
21 21.53.120 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on March 5, 2008, hold a duly
23
noticed public hearing as prescribed by law to consider said request; and
24
WHEREAS, at said public hearing, upon hearing and considering all
26 testimony and arguments, if any, of all persons desiring to be heard, said Commission
27 considered all factors relating to the Site Development Plan.
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 RECOMMENDS APPROVAL of ROOSEVELT STREET
RESIDENCES - SDP 06-10 based on the following findings and subject to the
following conditions:
Findings;
6
1. That the requested use is properly related to the site, surroundings and environmental
7 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
° the proposed use is to be located, and will not adversely impact the site, surroundings or
o traffic circulation, based on facts set forth in the staff report dated March 5, 2008
including, but not limited to the following:
10
a. The Roosevelt Street Residences project is proposed as an alternative to on-
11 site construction of new inclusionary units for the Ocean Street Residences
project and will be used to satisfy the inclusionary housing requirements for
said project pursuant to Section 21.85.030 of the Carlsbad municipal Code.
b. The Roosevelt Street Residences project supports specific Housing Element
14 policies and goals, and assists the City in meeting its state housing
requirements in that the proposal would preserve and rehabilitate the City's
15 existing housing stock for the purpose of providing units affordable to low-
income households, and would contribute seven (7) rehabilitated units\f\toward the City's quantified objective to provide 25 rehabilitated units for
j j occupancy by low-income households.
j g c. New construction of affordable units within the Ocean Street Residences (CT
05-12) project would be infeasible or present unreasonable hardship in light
19 of such factors as project size, site constraints, market competition, price and
product type disparity, developer capability, and financial subsidies
available.
21 d. The Roosevelt Street Residences project is located within the same quadrant
22 (northwest) as the Ocean Street Residences project as required by the
Inclusionary Housing Ordinance.
23
e. The Roosevelt Street Residences project has locational advantages as an
24 affordable housing project including a close proximity to public
transportation, jobs, schools, libraries, shopping, schools, and parks.
2/- f. The Roosevelt Street Residences project has a "useful" or "economic life" of
a minimum of 55 years.
27
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
28 that the project is an existing 10-unit apartment building.
PC RESO NO. 6397 -2-
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
2 the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the 10-unit apartment building is an existing
3 structure that was constructed in 1964. Interior and exterior improvements,
including fencing and landscaping, will be provided to enhance the property's
aesthetic quality and to improve the overall character of the neighborhood.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
5 generated by the proposed use, in that the existing street system adequately serves the
existing development.
7
5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
8 " Code Section 14.28.020 and Landscape Manual Section IB).
" 6. That the Planning Director has determined that the project belongs to a class of projects
i Q that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
11 preparation of environmental documents pursuant to Section 15301 - Existing Facilities
of the state CEQA Guidelines. In making this determination, the Planning Director has
12 found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
.., apply to this project.
14 7. 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
15 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.
16
Conditions:
17
I o Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading or building permit, whichever occurs first.
19
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
20 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
22 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
23 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.
25
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
26 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
2' shall occur substantially as shown on the approved Exhibits. Any proposed development,
~o different from this approval, shall require an amendment to this approval.
PC RESO NO. 6397 -3-
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
2 regulations in effect at the time of building permit issuance.
3 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
^ 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
6 all requirements of law.
7 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
representatives, from and against any and all liabilities, losses, damages, demands, claims
9 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,
10 (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,
12 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
13 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
14
6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Development Plan reflecting the conditions approved by the final decision-
15 making body.
17 7. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
19 8. This project shall comply with all conditions and mitigation measures which are required
20 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
21
~~ 9. This approval shall become null and void if building permits are not issued for this
project within two (2) years from the date of project approval.
23
10. Developer shall submit and obtain Planning Director approval of a Final Landscape and
24 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
25 condition, free from weeds, trash, and debris.
27 11. 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.
PC RESO NO. 6397 -4-
12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
2 #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
3 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
c approval will not be consistent with the General Plan and shall become void.
6 13. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction executed by the owner of the real property to be developed. Said notice is
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 by Resolution No. 6397 on the property.
9 Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any
10 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 the Developer
12 or successor in interest.
13 14. Prior to the issuance of building permits, the Developer shall prepare and record a Notice
that this property is subject to overflight, sight and sound of aircraft operating from
14 McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and
the City Attorney (see Noise Form #2 on file in the Planning Department).
16 15. Developer shall post aircraft noise notification signs in all rental offices associated with
the new development. The number and locations of said signs shall be approved by the
17 Planning Director (see Noise Form #3 on file in the Planning Department).
18 16. Prior to the approval of the final map for the Ocean Street Residences - CT 05-12 or
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 Developer shall enter into an Affordable
20 Housing Agreement with the City to provide and deed restrict seven (7) dwelling units
within the Roosevelt Street Residences - SDP 06-10 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. The draft Affordable Housing
Agreement shall be submitted to the Planning Director no later than 60 days prior to the
23 request to final the map. The recorded Affordable Housing Agreement shall be binding
on all future owners and successors in interest.
24
17. Developer shall construct all required interior and exterior improvements for the
required inclusionary and market-rate units located within the Roosevelt Street
26 Residences project concurrent with the Ocean Street Residences project's market rate
units, unless both the final decision-making authority of the City and the Developer agree
27 within an Affordable Housing Agreement to an alternate schedule for development.
18. The three (3) market- rate units within the Roosevelt Street Residences project may
be designated as affordable units at a later date in the event that future development
PC RESO NO. 6397 -5-
projects could utilize them to meet their Inclusionary Housing requirement in the
2 Northwest Quadrant, subject to City Council approval of an amended Affordable
Housing Agreement.
3
19. The exterior renovations shall include provisions to ensure that individual
residential satellite dish antenna can be located behind the roof parapet to ensure
r that any future installations of satellite dish antenna are adequately screened from
view and do not detract from the overall appearance of the building.
6
20. Prior to renovation or demolition activities, a comprehensive asbestos survey shall
7 be conducted as recommended in the Phase I Environmental Site Assessment for
3366 Roosevelt Street, SES Environmental, Inc, dated May 4, 2006.o
9 21. All water leaks, water damage, and areas affected by mold shall be repaired as
recommended in the Phase I Environmental Site Assessment for 3366 Roosevelt
10 Street, SES Environmental, Inc, dated May 4,2006.
Engineering:
12 General:
13
22. Prior to hauling dirt or construction materials to or from any proposed construction site
14 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
Fees/Agreements
16 23. The developer shall pay all current fees and deposits required.
17
24. Prior to approval of any grading or building permits for this project, Developer shall
18 cause Owner to give written consent to the City Engineer for the annexation of the area
shown within the boundaries of the site plan into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
20 additional Street Lighting and Landscaping District. Said written consent shall be on a
form provided by the City Engineer.
21
Grading22
2"i 25. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
24 grading permit from the City Engineer prior to issuance of a building permit.
25 26. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit and the City's Standard Urban Storm Water
Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to
27 best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface pollutants to an acceptable level
28 prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
PC RESO NO. 6397 -6-
and subject to the approval of the City Engineer. Said plans shall include but not be
2 limited to notifying prospective owners and tenants of the following:
a. All owners and tenants shall coordinate efforts to establish or work with
4 established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
5
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
" antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
- fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
8 herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
9 containers.
c. Best Management Practices shall be used to eliminate or reduce surface pollutants
11 when planning any changes to the landscaping and surface improvements.
12 27. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
^ The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
14 Storm water Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
Region of the California Regional Water Quality Control Board and City of Carlsbad
15 Municipal Code. The SWMP shall address measures to avoid contact or filter said
pollutants from storm water, to the maximum extent practicable, for the post-construction
16 stage of the project. At a minimum, the SWMP shall:
17
a. Identify existing and post-development on-site pollutants-of-concern.
18
b. Identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project.
20
c. Recommend source controls and treatment controls that will be implemented with
21 this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging offsite.
23 d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to employee education on the proper
24 procedures for handling cleanup and disposal of pollutants.
25 e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
76 f. Identify how post-construction runoff rates and velocities from the site will not
27 exceed the pre-construction runoff rates and velocities to the maximum extent
practicable.
28
PC RESO NO. 6397 -7-
28. Developer shall cause property owner to process, execute and submit an executed copy to
2 the City Engineer for recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
3 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,
whichever occurs first for this Project.
Dedications/Improvements
6
29. Developer shall provide the design of all private streets and drainage systems to the
7 satisfaction of the City Engineer. The structural section of all private streets shall conform
to City of Carlsbad Standards based on R-value tests. All private streets and drainage
systems shall be inspected by the City. Developer shall pay the standard improvement
9 plan check and inspection fees.
10 Utilities
11
30. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
12 Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
31. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities.
Special Conditions
17
32. The Developer shall install (potable water and/or recycled water services) and meters at a
location approved by the City Engineer. The locations of said services shall be reflected
19 on either new public improvement plans or via a revision to an existing improvement
plan subject to City processes and fees.
20
21 33. The Developer shall install sewer laterals and clean-outs at a location approved by the
City Engineer. The locations of sewer laterals shall be reflected on either new public
improvement plans or via a revision to an existing improvement plan subject to City
~., processes and fees.
Fire
24
25 34. An automatic fire sprinkler system shall be provided.
26
27
28
PC PvESO NO. 6397 -8-
Code Reminders
2 The project is subject to all applicable provisions of local ordinances, including but not limited to
3 the following:
35. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
, the site plan are for planning purposes only. Developer shall pay traffic impact and sewer
impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal
6 Code, respectively.
7 36. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.8
37. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
1 0 permit issuance, except as otherwise specifically provided herein.
12
38. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
13 39. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
14 Director prior to installation of such signs.
15 NOTICE
16 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
17 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
you protest them, you must follow the protest procedure set forth in Government Code Section
20 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 1 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
23 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,
24 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.
27
28
PC RESO NO. 6397 -9-
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
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on March 5, 2008, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Baker, Boddy, Cardosa, Montgomery, and
Chairperson Whitton
Commissioner Dominguez
Commissioner Douglas
FRANK WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6397 -10-