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HomeMy WebLinkAbout2008-11-05; Planning Commission; Resolution 64831 PLANNING COMMISSION RESOLUTION NO. 6483 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN SDP 07-07 TO ALLOW THE 4 DEMOLITION OF AN EXISTING TWO-UNIT RESIDENTIAL 5 APARTMENT BUILDING AND THE CONSTRUCTION OF A TWO-UNIT RESIDENTIAL AIRSPACE CONDOMINIUM 6 PROJECT ON A .30 ACRE SITE GENERALLY LOCATED ON THE WEST SIDE OF OCEAN STREET BETWEEN CARLSBAD 7 VILLAGE DRIVE AND OAK AVENUE, IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 9 CASE NAME: 3053 OCEAN STREET CASE NO.: SDP 07-07 10 WHEREAS, 3053 Ocean Street, LLC, "Developer/Owner," has filed a verified 12 application with the City of Carlsbad regarding property described as 13 That portion of the City of Carlsbad, in the County of San Diego, State of California, according to map thereof no. 365, 14 filed in the Office of the County Record of San Diego County, February 2,1887 and that portion of Ocean Street as shown on said map, as closed to public use, described as follows: 16 Beginning at a point at the southwesterly line of State Highway 17 Division VII, Route 2, Section "B", sheet 18, approved October 17, 1912, as per map on file in the Office of the County Surveyor of San Diego County, distant there along south 30° jo 56'20" east, 175.35 feet from a point in the southwesterly prolongation of the northwesterly line of Block 14 of said City 20 of Carlsbad, distant thereon south thence 55°27' west, 45.09 feet from the northwesterly corner of said Block 14; thence 21 along said southwesterly line of State Highway, south 30° 22 56'20" east 75.15 feet; thence south 55°27' west to the mean high tide line of the Pacific Ocean; thence northwesterly along 23 said mean high tide line to a line which bears south 55°27' west from the Point of Beginning; thence north 55°27' east to the 24 Point Beginning. 25 Except there from that portion, if any, lying between the 26 westerly line of State Highway, Division VII, Route 2, Section "B", sheet 18, approved October 17,1912 and the westerly line 27 of Ocean Street as shown on said map no. 365 00/6 ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development 2 Plan as shown on Exhibits "A" - "N" dated November 5, 2008, on file in the Planning 3 Department, 3053 OCEAN STREET - SDP 07-07 as provided by Chapter 21.06/Section4 <- 21.53.120 of the Carlsbad Municipal Code; and 6 WHEREAS, the Planning Commission did, on November 5, 2008, hold a duly 1 noticed public hearing as prescribed by law to consider said request; and g WHEREAS, at said public hearing, upon hearing and considering all testimony 9 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 10 relating to the Site Development Plan. 12 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 13 Commission of the City of Carlsbad as follows: 14 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning 16 Commission APPROVES 3053 OCEAN STREET - SDP 07-07 based on the following findings and subject to the following conditions: 17 Findings:18 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will 20 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 21 traffic circulation, in that the project consists of the construction of a new two unit, two-story residential airspace condominium project with basement, and covered parking for five vehicles on a 0.30-acre previously developed infill lot located on the 23 west side of Ocean Street between Carlsbad Village Drive and Oak Avenue. The project is compatible with existing and proposed multi-family, two-family and 24 single-family residences that are located in the beach area. The two unit project will provide for home ownership opportunity that will not negatively impact traffic 25 circulation. The project is consistent with the General Plan as discussed in the staff ~s report. 27 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project complies with all development standards of the Beach Area Overlay 28 Zone (BAOZ), Residential Multiple-Family Zone (R-3), and Planned Development ordinance, including side and rear setbacks, lot coverage, parking, and height PC RESO NO. 6483 -2- restrictions without requiring any variances, with the exception of the front yard 2 setback for which an Administrative Variance (AV 07-10) was granted. 3 3. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan based on the facts set forth in 4 the staff report dated November 5,2008, including, but not limited to the following: a. Land Use - The project is consistent with the City's Residential High Density /- (RH) General Plan Land Use designation for the property. The RH Land Use designation allows for the development of two-family and multiple- 7 family residential units within a density range of 15 - 23 dwelling units per acre (du/ac) and at a Growth Management Control Point (GMCP) of 19 8 du/ac. At the RH GMCP, 2.47 dwelling units (2 units when rounded down) would be permitted on this 0.13 net developable acre property. The new 2- unit project has a proposed density of 15.38 du/ac, which is within the RH 10 density range of 15 - 23 du/ac, but is 0.47 dwelling units below the GMCP of 19 du/ac. The GMCP is used for the purpose of calculating the City's 11 compliance with Government Code Section 65863 (Discussed below). However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units, which were anticipated toward achieving , o the City's share of the regional housing needs that are not utilized by developers in approved projects, will be deposited in the City's Excess 14 Dwelling Unit Bank. This project will deposit a fraction (0.47) of a dwelling unit into the Dwelling Unit Bank and these excess dwelling units are then 15 available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, 17 including second dwelling units, adequate to satisfy the City's share of the regional housing need. 18 b. Circulation - The project will take access off Ocean Street. On-site 19 circulation consists of a short private driveway to each residence's garage. Ocean Street is identified as an "alternative design street" and does not require street improvements. 21 c. Noise - The project is not located adjacent to any noise source and will have 22 no noise impacts. 23 d. Housing - The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the applicant is proposing ^ to satisfy the inclusionary requirement through the payment of an ~c inclusionary housing in-lieu fee per dwelling unit. The project has been conditioned to pay the fee prior to building permit issuance. 26 4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 27 the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project complies with all required yards, side and rear setbacks, wall and fence heights, and will not adversely impact permitted PC RESO NO. 6483 -3- future uses in the neighborhood. An Administrative Variance (AV 07-10) to reduce 2 the front yard setback from 20 feet to 5 feet has been granted. 3 5. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the existing street system will be adequate to 4 handle the 16 ADT generated by the proposed two-unit condominium. Ocean Street is identified as an alternative design street and does not require street improvements. 6. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 7 Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 10 project will be installed to serve new development prior to or concurrent with need. Specifically, 11 12 a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 15 c. The Local Facilities Management fee for Zone 1 is required by Carlsbad 16 Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 19 That the Planning Director has determined that the project belongs to a class of projects 20 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 preparation of environmental documents pursuant to Section 15332 (In-fiH Development 22 Projects) of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA 23 Guidelines do not apply to this project. 24 9. Jhe 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 the project, and the extent and the 26 degree of the exaction is in rough proportionality to the impact caused by the project. 27 28 PC RESO NO. 6483 -4- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of a 3 Final Map, 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 c 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 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 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 Development Plan reflecting the conditions approved by the final decision- making body. PC RESO NO. 6483 -5- 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 2 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 3 8. 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 5 Plan prior to the issuance of building permits. 6 9. This approval is granted subject to the approval of CDP 07-32 and HDP 07-04 and is subject to all conditions contained in Planning Commission Resolution No. 6485 and ' 6486 for these other approvals incorporated herein by reference. o 10. This approval is granted subject to the approval of Minor Subdivision MS 07-11 and 9 Condominium Permit CP 07-06 and is subject to all conditions contained in the City's administrative approval letters for these other approvals incorporated herein by 10 reference. * * 11. This approval shall become null and void if building permits are not issued for this , 2 project within 24 months from the date of approval of MS 07-11. 13 12. 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 14 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 facilities will continue to be available until the time of occupancy. A note to this effect ] 5 shall be placed on the Final Map. 17 13. At issuance of building permits, the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. 14. Approval is granted for Site Development Plan as shown on Exhibits "A" - "N" dated 2Q November 5, 2008, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in 21 these conditions. 22 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and __ Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 24 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 25 16. 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. 28 PC RESO NO. 6483 -6- 17. 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 <- approval will not be consistent with the General Plan and shall become void. 6 18. Prior to the issuance of the Final Map, 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 7 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, Coastal Development Permit, and 9 Hillside Development Permit by Resolutions No. 6483, 6485, 6486 on the property. Said Notice of Restriction shall note the property description, location of the file 10 containing complete project details and all conditions of approval as well as any 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 j2 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13 19. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to 14 the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. 20. Developer shall post a sign in the sales office in a prominent location that discloses which 17 special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 18 Code Reminders: 19 21. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 21 22. Approval of this request shall not excuse compliance with all applicable sections of the 22 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 24 23. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 25 24. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 26 Code Section 18.04.320. 27 25. Any signs proposed for this development shall at a minimum be designed in conformance 28 with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. PC RESO NO. 6483 -7- 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 4 "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 g 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 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 November 5, 2008, by the following 15 vote, to wit: 16 AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery, and Chairperson Whitton 18 NOES: 19 ABSENT: Commissioner Douglas 20 ABSTAIN: 22 23 F^ANKH. WHITTON, Chairperson 24 CARLSBAD PLANNING COMMISSION 25 ATTEST: 26 " 27 28 DON NEU Planning Director PC RESO NO. 6483 -8-