HomeMy WebLinkAbout2008-11-05; Planning Commission; Resolution 64831 PLANNING COMMISSION RESOLUTION NO. 6483
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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
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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:
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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
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Plan as shown on Exhibits "A" - "N" dated November 5, 2008, on file in the Planning
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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
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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.
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:
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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
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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.
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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,
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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.
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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).
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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.
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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.
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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
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.
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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.
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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.
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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.
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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.
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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.
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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.
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Code Reminders:
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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.
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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.
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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.
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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
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vote, to wit:
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AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery,
and Chairperson Whitton
18 NOES:
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ABSENT: Commissioner Douglas
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ABSTAIN:
22
23 F^ANKH. WHITTON, Chairperson
24 CARLSBAD PLANNING COMMISSION
25 ATTEST:
26 "
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28 DON NEU
Planning Director
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