HomeMy WebLinkAbout2008-06-04; Planning Commission; Resolution 64231 PLANNING COMMISSION RESOLUTION NO. 6423
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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
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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.
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("the Property"); and
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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
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public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Site Development Plan.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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.
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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
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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
"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.
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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.
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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:
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22
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/FRANK H. WHITTON, Chairperson
23 CARLSBAD PLANNING COMMISSION
24
25 ATTEST:
SLA,
2g DON NEU
Planning Director
PC RESO NO. 6423 -7-