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HomeMy WebLinkAbout2008-06-04; Planning Commission; Resolution 64231 PLANNING COMMISSION RESOLUTION NO. 6423 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 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. CASE NAME: HARDING STREET SENIOR 9 CONDOMINIUMS CASE NO.: SDP 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 jo 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 Site Development 23 Plan as shown on Exhibits "A"-"Z" dated June 4, 2008, on file in the Planning Department, 24 HARDING STREET SENIOR CONDOMINIUMS SDP 06-12 as provided by Chapter 25 21.06/Section 21.53.120 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 all persons desiring to be heard, said Commission considered all factors 3 relating to the Site Development Plan. 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. o B) That based on the evidence presented at the public hearing, the Planning 9 Commission APPROVES HARDING STREET SENIOR CONDOMINIUMS SDP 06-12 based on the following findings and subject to 10 the following conditions: Findings: 12 1. That the requested use is properly related to the site, surroundings and environmental 13 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 14 the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project site is located within an urbanized neighborhood and the project is the redevelopment of a flat infill lot which is located in close ,s proximity to a range of commercial retail, professional, social and community services including the Harding Senior Center, the Carlsbad Village, Pine Avenue 17 Park, and public transportation on Harding Street. The project is designed within the parameters established by the R-3 Zone. The project exceeds the density 18 permitted by the Growth Management Control Point for RM General Plan Land Use designation by 44 units, however, the project satisfies the criteria set forth in Chapter 21.53 and City Council Policy No. 43 for allowing a density increase in that 20 the project will be developed as 100% senior citizen air-space condominiums and 30% of the units (15) will be made available to lower and moderate income senior 21 households. 22 2. That with the application of standards modifications, the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. Standards 24 modifications are appropriate for the site in that: a. The proposal for a reduced rearyard setback of 10 feet along the Interstate 5 property line allows for a greater frontyard setback above the minimum 26 requirement on the Harding Street frontage. The additional buffer from Harding Street will be landscaped and will create an enhanced transition 27 from the public right-of-way. In addition, private ground floor patios that have a greater setback from the right-of-way along the Harding Street frontage may also be more likely to be used by seniors which in turn would contribute to a sense of neighborhood consistent with City Council Policy No. PC RESO NO. 6423 -2- 66 - Livable Communities. The reduced setback adjacent to the freeway 2 right-of-way also allows for more common outdoor area within the central courtyard which is protected from the freeway. b. The easterly facing units on the second and third floors are 14 of the income 4 restricted units. The primary reason for not providing balconies is that the units face Interstate 5 and noise levels can not be mitigated to a conditionally 5 acceptable level. Mitigation for noise would require that the entire balcony space be enclosed thereby negating the benefit of the private outdoor space.6 c. The proposal to allow a modification to the residential parking standard for 7 the 15 income restricted units, which reduces the resident parking requirement by 7 spaces, is consistent with evidence provided by the ° applicant that many seniors that will qualify for the low and moderate Q income units either are single and will have only one car or no longer drive and do not have a vehicle. *0 d. The proposal to allow 7 of the 10 required guest parking spaces to be ,, provided on-street is consistent with the City's recently adopted amendments to the Planned Development Ordinance. Although the City has locally 12 adopted a new standard to allow on-street guest parking, the ordinance is being reviewed by the California Coastal Commission and has not yet taken 13 effect. 14 e. The final standard modification to allow for the encroachment of the upper 4 feet of the garage into portions of the side and front yard setback areas is 15 limited to two specific site locations and is necessary because the garage floor can not be lowered mare than currently designed. Lowering the floor would result in a driveway slope from Palm Avenue and Harding Street into the j 7 garage that would exceed engineering design standards for maximum driveway grade and cause a transition from the right-of-way into the garage 18 that is too steep for most vehicles to be able to navigate without catching the undercarriage of the vehicle. 20 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 21 provided and maintained, in that the project complies with all required setbacks as modified, it includes steps in the building elevations on both Palm Avenue and Harding Street so that the building's visual impact at the street is reduced and a 23 solid fence is provided as a separation between the project site and the residential lot adjacent to the south. 24 4. That the street system serving the proposed use is adequate to properly handle all traffic 25 generated by the proposed use, in that the project vehicle trip generation is 200 ADT with peak hour volumes of 10 ADT. Peak hour capacity for Harding Street is 1,800 ADT and with the project, peak hour volumes on Harding Street are less than 150 27 ADT. The project will not overburden the capacity of Harding Street. 28 5. That the proposed project helps achieve the City's senior and affordable housing goals as set forth in the Housing Element of the General Plan by providing a for-sale PC RESO NO. 6423 -3- senior citizen condominium project with 14% (8) of the units designated as 2 affordable to "low" income households and 16% (7) of the units designated as affordable to "moderate" income households. 3 6. That the additional incentives which include development standards modifications 4 to reduce the required resident parking for the income restricted units from 1.5 spaces per unit to 1.0 space per unit; allow 7 of the 10 required onsite guest parking spaces to be provided along the project frontage on Palm Avenue and Harding £ Street; modify the building setback standard to allow a 10 foot rearyard setback adjacent to Interstate 5, allow for the encroachment of the upper 4 feet of the 7 underground garage into portions of the side and front yard setback areas; and, modify the private open space standard to permit 14 of the residential units to be ° constructed without a private balcony are necessary to make the project Q economically feasible. 10 7. The Housing Policy Team has reviewed the applicant's pro forma and has recommended that the density increase is necessary to make the project feasible and 11 to allow the project to be developed to satisfy the City's need to provide housing which is affordable to low and moderate income and senior citizen households. 12 8. That the project does not result in a density or design that is incompatible with other land uses in the surrounding area in that other multi-family residential 14 developments in the vicinity 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 15 parameters for regulating building location, height, and mass. As these sites develop, their development envelope will have the potential of matching that of the 1" project. Furthermore, the project is similar to other senior citizen housing projects , 7 in the Carlsbad Village Redevelopment Area which have densities ranging from 63.5 to 75 dwelling units per acre and the project has a similar building mass and lg appearance as those senior citizen housing developments and other multi-family residential developments in the general vicinity. 19 9. That the project will provide sufficient additional public facilities for the density in 20 excess of the control point to ensure that the adequacy of the City's public facility plans ~. will not be adversely impacted, in that the project will have only an incremental increase in the demand for public facilities over the existing 35 bed senior care 22 facility. The proposed project's ultimate demand for public services is within the capacity limits of the existing public facilities and no new facilities are required to 23 be constructed to accommodate the proposed use. In addition, prior to the issuance of a building permit, the project will pay appropriate impact fees based on the number of project units. 25 10. That there have been sufficient developments approved in the quadrant at densities below 26 the control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit. 27 11. That the proposed project complies with the General Plan, Zoning Ordinance, and 2° development policies of the City of Carlsbad as discussed in the staff report. PC RESO NO. 6423 -4- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 3 a final map for CT 06-14 or issuance of a grading permit whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 5 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 Site Development Plan. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 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 12 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 16 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 „» or indirectly, from (a) City's approval and issuance of this Site Development Plan, (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 26 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. 6423 -5- 1 NOTICE 2 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 5 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 6 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. 8 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 9 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 i NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 12 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 14 Wit: 15 AYES: Commissioners Baker, Boddy, Cardosa, Douglas, and Chairperson Whitton. 16 NOES: Commissioner Dominguez17 ABSENT: Commissioner Montgomery 19 ABSTAIN: 20 21 22 26 27 /FRANK H. WHITTON, Chairperson 23 CARLSBAD PLANNING COMMISSION 24 25 ATTEST: SLA, 2g DON NEU Planning Director PC RESO NO. 6423 -7-