HomeMy WebLinkAbout2008-11-05; Planning Commission; Resolution 65041 PLANNING COMMISSION RESOLUTION NO. 6504
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A SITE DEVELOPMENT PLAN TO
4 CONSTRUCT TWO (2) SECOND DWELLING UNITS TO MEET
- THE AFFORDABLE HOUSING REQUIREMENT ON PROPERTY
GENERALLY LOCATED ON THE NORTHEAST CORNER OF
6 BLACK RAIL ROAD AND AVENA COURT EAST IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
7 CASE NAME: SEASCAPE
CASE NO.: SDP05-128
9 WHEREAS, Rajeev Bhatia, "Developer," has filed a verified application with
10 the City of Carlsbad regarding property owned by Ron Vandermooren and Rajeev Bhatia,
"Owner," described as
12 Parcel IB:
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The Southwest Quarter of the Southwest Quarter of the
14 Northwest Quarter of the Northeast Quarter of Section 27,
Township 12 South, Range 4 West, San Bernadino Base and
Meridian, in the City of Carlsbad, County of San Diego, State
16 of California, according to the official plat thereof; and
17 Parcel 2B:
18 The Southeast Quarter of the Southwest Quarter of the
in Northwest Quarter of the Northeast Quarter of Section 27,
Township 12 South, Range 4 West, San Bernadino Base and
20 Meridian, in the City of Carlsbad, County of San Diego, State
of California, according to the official plat thereof; and
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22 Parcel 3B:
23 An easement for road and public utility purposes over, under,
upon and across the westerly 30 feet of the south half of the
24 Northwest Quarter of the Northwest Quarter of the Northeast
Quarter of Section 27, Township 12 South, Range 4 West, San
Bernadino Base and Meridian, in the City of Carlsbad, County
26 of San Diego, State of California, according to the official plat
thereof; and
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Parcel 4B:
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An easement for road and public utility purposes over, under,
along and across the westerly 30 feet of the Northwest Quarter
of the Southwest Quarter of the Northwest Quarter of Section
2 27, Township 12 South, Range 4 West, San Bernadino Base
and Meridian, in the City of Carlsbad, County of San Diego,
3 State of California, according to the official plat thereof
4 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development
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Plan as shown on Exhibits "A" - "BB" dated November 5, 2008, on file in the Planning
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0 Department, SEASCAPE - SDP 05-12, as provided by Chapter 21.06/Section 21.53.120 of theo
9 Carlsbad Municipal Code; and
10 WHEREAS, the Planning Commission did, on November 5, 2008, hold a duly
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.
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16 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
17 Commission of the City of Carlsbad as follows:
1 8 A) That the foregoing recitations are true and correct.
19 B) That based on the evidence presented at the public hearing, the Planning
20 Commission RECOMMENDS APPROVAL of SEASCAPE - SDP 05-12,
based on the following findings and subject to the following conditions:
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~~ Findings:
23 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
24 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
25 traffic circulation, in that the proposed lots can accommodate the proposed second
2 fi dwelling units while complying with all required front, side, and rear yard setbacks
and minimum separation requirements; the development proposal complies with all
27 City standards for lot configuration, street widths, grading, and drainage; the
project is compatible in scale and design with the surrounding development; the
28 design of the second dwelling units match the proposed single-family residential
architecture; and the proposed second dwelling units implement the General Plan
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Housing Element Program 3,7b by considering alternative housing options to assist
2 in meeting the City's share of housing for low and very low income households.
3 2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed lots exceed the minimum lot size requirements for the zone and
4 can easily accommodate the proposed second dwelling unit structures and
additional parking spaces while complying with all required front, side, and rear
yard setbacks and minimum separation requirements.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
7 the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project complies with all applicable second
dwelling unit requirements in addition to regulations for setbacks, parking, and
other development standards for the R-l zone.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the two (2) proposed Second Dwelling Units
11 generate 20 ADT and the project includes the required street improvements which
are necessary to serve the development.
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5. That the City's Inclusionary Housing Ordinance (Chapter 21.85) requires that a
minimum of 15% of all approved units in any qualified residential subdivision be
made affordable to lower income households; that the inclusionary housing
requirement for this project is 1.8 dwelling units (rounded up to two (2) units); that
15 in accordance with the Inclusionary Housing Ordinance, the developer proposes to
construct and deed restrict two (2) Second Dwelling Units on Lots 8 and 9 as
affordable to lower-income households for 55 years, in accordance with the
requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal
Code.
18 6. That the construction of two (2) Second dwelling Units as an alternative to
19 construction of two new single-family inclusionary units can be supported in that a
restriction on the affordability of two single-family inclusionary units would be
20 infeasible and would present unreasonable hardship in light of such factors as
project size, site constraints, market competition, price, product type disparity,
developer capability, and financial subsidies available.
22 7. The Planning Commission of the City of Carlsbad does hereby find:
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a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and
24 Mitigation Monitoring and Reporting Program for SEASCAPE - GPA 05-
11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP
06-02/HMP 07-09, the environmental impacts therein identified for this project
26 and said comments thereon, and the Program, on file in the Planning Department,
prior to RECOMMENDING ADOPTION of the project; and
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b, the Mitigated Negative Declaration and the Program have been prepared in
accordance with requirements of the California Environmental Quality Act, the
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State Guidelines and the Environmental Protection Procedures of the City of
2 Carlsbad; and
3 c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
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<- d. based on the EIA Part II and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on
6 the environment.
7 8. 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
to mitigate impacts caused by or reasonably related to the project, and the extent and the
n degree of the exaction is in rough proportionality to the impact caused by the project.
JO Conditions:
11 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the
recordation of the final map or issuance of a grading permit, whichever occurs first.
1-3 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
14 implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
15 future building permits; deny, revoke, or further condition all certificates of occupancy
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
17 conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Site Development Plan.
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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
20 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,
21 different from this approval, shall require an amendment to this approval.
22 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
«~ regulations in effect at the time of building permit issuance.
24 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
25 challenged, this approval shall be suspended as provided in Government Code Section
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
27 all requirements of law.
28 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
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representatives, from and against any and all liabilities, losses, damages, demands, claims
2 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,
3 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
c 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
6 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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6. This approval is granted subject to the approval of a Mitigated Negative Declaration
and Mitigation Monitoring & Reporting Program, GPA 05-11, ZC 05-10, LCPA 05-
9 06, CT 05-18, PUD 05-14, CDP 05-37, HDP 06-02, and BMP 07-09 and is subject to
all conditions contained in Planning Commission Resolutions No. 6498, 6499, 6500,
10 6501, 6502, 6503, 6505, 6506, and 6507, for those other approvals incorporated herein
by reference.
7. This approval shall become null and void if building permits are not issued for this
project within two (2) years of Coastal Commission approval of LCPA 05-06.
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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.
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
expired.
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
vote, to wit:
AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery,
and Chairperson Whitton
NOES:
ABSENT: Commissioner Douglas
ABSTAIN:
H. WHITTON, Chairperson
'CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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