HomeMy WebLinkAbout2009-08-19; Planning Commission; Resolution 65701 PLANNING COMMISSION RESOLUTION NO. 6570
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNED
DEVELOPMENT PERMIT PUD 08-01 TO ALLOW THE
4 DEVELOPMENT OF AN EIGHT UNIT MULTI-FAMILY
RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A
5 .75-ACRE INFILL SITE GENERALLY LOCATED ON THE
6 NORTH SIDE OF LA COSTA AVENUE BETWEEN GIBRALTAR
STREET AND ROMERIA STREET, IN LOCAL FACILITIES
7 MANAGEMENT ZONE 6.
CASE NAME: LA COSTA VIEWS
8 CASE NO.: PUD 08-01
9 WHEREAS, Legacy Development, LLC, "Owner/Developer," has filed a
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verified application with the City of Carlsbad regarding property described as
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Lots 406 and 407 of La Costa South Unit No. 5, in the City of
Carlsbad, County of San Diego, State of California, according
i -> to Map Thereof No. 6600, filed in the office of the County
Recorder of San Diego County on March 10,1970
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Planned16
17 Development Permit as shown on Exhibits "A" - "N" dated August 19, 2009, on file in the
18 Planning Department, LA COSTA VIEWS - PUD 08-01, as provided by Chapter 21.45/21.47
19 of the Carlsbad Municipal Code; and
20 WHEREAS, the Planning Commission did, on August 19, 2009, hold a duly
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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
24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
25 relating to the Planned Development Permit.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
28 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 Commission
2 APPROVES LA COSTA VIEWS - PUD 08-01, based on the following
findings and subject to the following conditions:
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Findings:
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<- 1. The proposed project is consistent with the general plan, and complies with all applicable
provisions of this chapter, and all other applicable provisions of this code, in that the
6 project density of 17.02 dwelling units per acre is consistent with the Residential
High Density Land Use designation (15 - 23 du/acre). As discussed in the staff
7 report, the project is consistent with the development and design standards
applicable to the property as contained in Chapters 21.45 and 20.16 of the Carlsbad
Municipal Code.
9 2. The proposed project will not be detrimental to existing uses, or to uses specifically
10 permitted in the area in which the proposed use is to be located, and will not adversely
impact the site, surroundings, or traffic, in that no standards variances are proposed or
11 required, the proposed 2-story eight unit condominium project is compatible with
surrounding multi-family residential uses, and no negative circulation impacts will
result as the existing roadway (La Costa Avenue) is adequate to accommodate the
13 traffic generated by this project.
14 3. The project will not adversely affect the public health, safety, or general welfare, in that
it has been designed to comply with all applicable development standards to ensure
15 compatibility with surrounding residential and open space uses.
1" 4. The project's design, including architecture, streets, and site layout: a) contributes to the
17 community's overall aesthetic quality; b) includes the use of harmonious materials and
colors, and the appropriate use of landscaping; and c) achieves continuity among all
lg elements of the project, in that the project's proposed architecture consists of a
modern, contemporary style two story structure with subterranean parking garage.
19 Architectural design elements include a variety of roof planes and off-set building
projections, accented building facades featuring horizontal hardwood siding and
split-faced masonry block accented by brushed aluminum railings and deck fascia
2} which will be aesthetically pleasing and an attribute to the neighborhood. The
project site layout includes extensive and rich landscaping with large box trees and
22 a variety of plant materials to enhance the visual appearance of the units. All
elements (i.e. site layout, architecture, landscaping) create continuity in the overall
23 project design.
24 5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
25 Code Section 14.28.020 and Landscape Manual Section I B).
26 6. 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
27 to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
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Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading,
3 building, or final map, whichever occurs first.
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
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
or a successor in interest by the City's approval of this Planned Development Permit.
10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Development Permit 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.
15 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
17 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
8 with all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
2Q harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands,
21 claims, 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 Planned
22 Development Permit, (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,
24 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
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6. This approval is granted subject to the approval of CT 08-01 and HDP 08-01 and is
26 subject to all conditions contained in Planning Commission Resolutions No. 6569 and
6571 for these other approvals incorporated herein by reference.
2g 7. This approval shall become null and void if building permits are not issued for this
project within 36 months from the date of project approval.
PCRESONO. 6570 -3-
8. This project is being approved as a condominium permit for residential homeownership
2 purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 26 days. The CC&Rs for the project shall include this
3 requirement.
4 9. Prior to issuance of building permits, the Developer shall submit to the Planning Director
- a recorded copy of the Condominium Plan filed with the Department of Real Estate
which is in conformance with the City approved documents and exhibits.
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10. Developer shall establish a homeowner's association and corresponding covenants,
7 conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit, the
Developer shall provide the Planning Department with a recorded copy of the official
p CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
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a. General Enforcement by the City. The City shall have the right, but not the
11 obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
13 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
14 to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
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,,- c. Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the "Common Area Lots and/or the
17 Association's Easements" as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance. If
18 the City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
2Q same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
21 maintenance of the Common Area Lots and/or Association's Easements within the
period specified by the City's notice, the City shall be entitled to cause such work to
22 be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
24 d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's Easements,
25 the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association's
2" Easements. The City shall provide a copy of such invoice to each Owner in the
~- Project, together with a statement that if the Association fails to pay such invoice in
full within the time specified, the City will pursue collection against the Owners in
28 the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
PC RESO NO. 6570 -4-
payment shall be deemed delinquent and shall be subject to a late charge in an
2 amount equal to six percent (6%) of the amount of the invoice. Thereafter the City
may pursue collection from the Association by means of any remedies available at
3 law or in equity. Without limiting the generality of the foregoing, in addition to all
other rights and remedies available to the City, the City may levy a special
assessment against the Owners of each Lot in the Project for an equal prorata share of
<- the invoice, plus the late charge. Such special assessment shall constitute a charge on
the land and shall be a continuing lien upon each Lot against which the special
6 assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot
7 and to bring all legal actions and/or to pursue lien foreclosure procedures against any
Owner and his/her respective Lot for purposes of collecting such special assessment
in accordance with the procedures set forth in Article of this Declaration.
9 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner
10 landscape maintenance responsibilities shall be as set forth in Exhibit
f. Balconies, trellis, and decks. The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit
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Code Reminders
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The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements:
11. Approval of this request shall not excuse compliance with all applicable sections of the
17 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
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12. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
20 13. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
21 Code Section 18.04.320.
22 14. Any signs proposed for this development shall at a minimum be designed in conformance
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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NOTICE25
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
27 "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
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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 August 19, 2009, by the following vote,
to wit:
AYES:
NOES:
Commissioners Baker, Dominguez, L'Heureux, Nygaard,
Schumacher, and Vice Chairperson Douglas
ABSENT: Chairperson Montgomery
ABSTAIN:
FARRAH DOUGLAS, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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