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HomeMy WebLinkAbout2009-08-19; Planning Commission; Resolution 66111 PLANNING COMMISSION RESOLUTION NO. 6611 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT PUD 08-02 TO ALLOW THE 4 DEVELOPMENT OF AN EIGHT UNIT MULTI-FAMILY 5 RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A .77-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 CANYON HOMES 8 CASE NO.: PUD 08-02 9 WHEREAS, Legacy Development, LLC, "Owner/Developer," has filed a 10 verified application with the City of Carlsbad regarding property described as Lots 408 and 409 of La Costa South Unit No. 5, in the City of Carlsbad, County of San Diego, State of California, according 13 to Map Thereof No. 6600, filed in the office of the County Recorder of San Diego County on March 10,1970 14 ("the Property"); and ,x- WHEREAS, said verified application constitutes a request for a Planned 17 Development Permit as shown on Exhibits "A" - "N" dated August 19, 2009, on file in the 18 Planning Department, LA COSTA CANYON HOMES - PUD 08-02, as provided by Chapter 19 21.45/21.47 of the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on August 19, 2009, hold a duly 21 noticed public hearing as prescribed by law to consider said request; and 22 ~- 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. 27 B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES LA COSTA CANYON HOMES - PUD 08-02, based on the following findings and subject to the following conditions: 3 Findings: 4 <- 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 17.39 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 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. 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 18 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 project design. 74 5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 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 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. 28 PCRESONO. 6611 -2- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading, 3 building, or final map, whichever occurs first. 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 implemented and maintained according to their terms, the City shall have the right to 5 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 o 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. 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. 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 18 with all requirements of law. 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 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. 25 6. This approval is granted subject to the approval of CT 08-02 and HDP 08-02 and is 26 subject to all conditions contained in Planning Commission Resolutions No. 6610 and 6612 for these other approvals incorporated herein by reference. 28 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. 6611 -3- 0 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. 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. 6 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 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: 10 a. General Enforcement by the City. The City shall have the right, but not the 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. 15 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 Easements. The City shall provide a copy of such invoice to each Owner in the 27 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, PCRESONO. 6611 -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 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 HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit . 11 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 1 j> 13 ..Code Reminders: 14 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 j 7 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 18 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. NOTICE 25 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." 28 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 PCRESONO. 6611 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 DOuTjEftSrSSce Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6611 -6-