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HomeMy WebLinkAbout2008-06-04; Planning Commission; Resolution 64221 PLANNING COMMISSION RESOLUTION NO. 6422 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING CONDOMINIUM PERMIT CP 06-12 FOR THE DEMOLITION OF 4 A 35-BED SENIOR CARE FACILITY, SUBDIVISION OF A .90 5 ACRE LOT, AND THE DEVELOPMENT OF A 50-UNIT AIR- SPACE SENIOR CONDOMINIUM PROJECT WITH THREE 6 RESIDENTIAL LEVELS OVER AN UNDERGROUND GARAGE LOCATED ON THE SOUTHEAST CORNER OF PALM AVENUE 7 AND HARDING STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1. 8 CASE NAME: HARDING STREET SENIOR 9 CONDOMINIUMS CASE NO.: CP 06-12 10 WHEREAS, Paragon Investment, LLC, "Developer and Owner," has , 2 filed a verified application with the City of Carlsbad regarding property described as 13 All of Lot 5 and Lot 6 and the northerly 4.85 feet of Lot 4 in Block "B" of the resubdivision of a portion of Alles Avocado 14 Acres, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 2027, filed in the Office of the County Recorder of San Diego County, May 17, 16 1927, and; That part of that portion of Lots 7 and 8 in Block "B" of the 17 resubdivision of a portion of Alles Avocado Acres as shown on map No. 2027, filed in the Office of the County recorder of San 1° Diego County, May 17, 1972, as said portion was conveyed to in the State of California, by deed recorded January 6, 1967 as file No. 1884 of official records of San Diego County. 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Condominium 23 Permit as shown on Exhibits "A"-"Z" dated June 4, 2008, on file in the Planning Department, 24 HARDING STREET SENIOR CONDOMINIUMS CP 06-12, as provided by Chapter 21.45 25 of the Carlsbad Municipal Code; and 26 WHEREAS, the Planning Commission did, on June 4, 2008, hold a duly noticed 27 public hearing as prescribed by law to consider said request; and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 3 relating to the Condominium Permit. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. 8 B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES HARDING STREET SENIOR CONDOMINIUMS CP 06-12, based on the following findings and subject to the following conditions: 10 Findings:11 12 1. That the proposed project complies with all applicable development standards included 13 within Chapter 21.45 and as modified through the approval of SDP 06-12, Planning Commission Resolution No. 6423, in that the project is designed with a 20 foot 14 setback from Palm Avenue and Harding Street, lot coverage is less than 60%, all but the 15 income restricted units have the required private outdoor recreation space, the building is designed with varying building and roof planes, the building I /- includes a variety of architectural design elements, and each unit has 392 cubic feet or more of storage area available in the underground garage. 17 2. That the proposed project's density, site design, and architecture are compatible with 18 surrounding development, in that surrounding properties either are or may be developed as multi-family residential projects consistent with the RMH and RM Land Use designations and the General Plan allows for density increases with the 2Q provision of housing for lower income households. The project is compatible with adjacent land uses in that other multi-family residential developments in the vicinity 21 have a similar mass and appearance. Properties to the north and south of the site are zoned R-3 and have the same development standard parameters for regulating 22 building location, height, and mass. As these sites develop, their development _, envelope will have the potential of matching that of the project. Furthermore, the project is similar to other senior citizen housing projects in the Carlsbad Village 24 Redevelopment Area which have densities ranging from 63.5 to 75 dwelling units per acre and the project has a similar building mass and appearance as those senior 25 citizen housing developments and other multi-family residential developments in the general vicinity. 3. 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 2g 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. PC RESO NO. 6422 -2- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 3 CT 06-14 final map. ^ 1. If any of the following conditions fail to occur, or if they are, by their terms, to be r 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 6 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 7 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 9 or a successor in interest by the City's approval of this Condominium Permit. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Condominium Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development j2 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 14 regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment \ 5 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 17 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. 19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 21 and costs, including court costs and attorney's fees incurred by the City arising, directly 22 or indirectly, from (a) City's approval and issuance of this Condominium Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 23 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 24 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 25 approval is not validated. 27 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 28 PC RESO NO. 6422 -3- 7. Developer shall include, as part of the plans submitted for any permit plancheck, a 2 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format. 3 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Planning Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 6 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that 7 plan prior to the issuance of building permits. 10. Developer shall implement, or cause the implementation of, the Harding Street Senior 9 Condominiums Project Mitigation Monitoring and Reporting Program attached to Planning Commission Resolution No. 6424. 10 11. This approval is granted subject to the approval of CT 06-14 and SDP 06-12 and is subject to all conditions contained in Planning Commission Resolutions No. 6421 and 6423 for those other approvals incorporated herein by reference. 13 12. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. 14 13. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and 17 facilities will continue to be available until the time of occupancy. 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 1Q #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 20 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 21 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 23 15. Prior to the recordation of a final map for CT 06-14, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said 24 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(n) Condominium Permit by Resolution(s) No. 6422 on the property. 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 27 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 28 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. PC RESO NO. 6422 -4- 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. 9 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 11 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 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning , . Commission of the City of Carlsbad, California, held on June 4, 2008, by the following vote, to wit: 15 AYES: Commissioners Baker, Boddy, Cardosa, Douglas, and Chairperson 16 Whitton. 17 NOES: Commissioner Dominguez 18 ABSENT: Commissioner Montgomery 19 ABSTAIN: 20 21 22 /FRANK H. WHITTON, Chairperson/ _23 CARLSBAD PLANNING COMMISSION 24 25 ATTEST: 26 27 DON NEU Planning Director PC RESO NO. 6422 -5-