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HomeMy WebLinkAbout2011-01-05; Planning Commission; Resolution 67421 PLANNING COMMISSION RESOLUTION NO. 6742 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANNED DEVELOPMENT PERMIT PUD 10-03 TO DEVELOP A 4 TWELVE UNIT MULTI-FAMILY RESIDENTIAL AIR-SPACE 5 CONDOMINIUM PROJECT ON A .70-ACRE INFILL SITE GENERALLY LOCATED ON THE SOUTH SIDE OF 6 TAMARACK AVENUE, ADJACENT TO AND JUST WEST OF THE SAN DIEGO NORTHERN RAILWAY RIGHT-OF-WAY 7 WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 9 CASE NAME: SEABREEZE VILLAS CASE NO.: PUD 10-03 10 WHEREAS, Tony Sfreddo, "Owner/Developer," has filed a verified application 12 with the City of Carlsbad regarding property described as 13 That portion of lot 6 in Block S of Palisades Number Two, in the City of Carlsbad, County of San Diego, State of California, 14 according to Map Thereof No. 1803, filed in the office of the County Recorder of San Diego County on August 25,1924 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Planned 18 Development Permit as shown on Exhibits "A" - "N" dated January 5, 2011, on file in the 19 Planning Department, SEABREEZE VILLAS - PUD 10-03, as provided by Chapter 20 21.45/21.47 of the Carlsbad Municipal Code; and 21 22 WHEREAS, the Planning Commission did, on January 5, 2011, hold a duly 23 noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 26 relating to the Planned Development Permit. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES SEABREEZE VILLAS - PUD 10-03, based on the following findings and subject to the following conditions: c Findings: 6 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 the Carlsbad Municipal Code, in that the project density of 17.01 dwelling units per acre is consistent with the Residential High Density Land Use designation (15 - 23 du/acre). As discussed in the staff report, the project is consistent with the development and design 9 standards applicable to the property as contained in Chapters 21.24, 21.45 and 21.82 of the Carlsbad Municipal Code. 10 2. The proposed project will 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 12 impact the site, surroundings, or traffic, in that no standards variances are proposed or required, the proposed 2-story twelve unit condominium project is compatible with 13 surrounding multi-family residential uses, and no negative circulation impacts will result as the existing roadway (Tamarack Avenue) is adequate to accommodate the traffic generated by this project. 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 compatibility with surrounding residential uses. The project's design, including 17 architecture, streets, and site layout: a) contributes to the 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 elements of the project, in that the . 9 condominium units are arranged in a 6-plex, 4-plex, and duplex configuration within three separate buildings around the common driveway. The two story 20 structures with attached two car garages are designed with Santa Barbara style architecture. Architectural design elements include a variety of roof planes and off- 21 set building projections, accented building facades featuring stone veneer, and the proposed colors, beige/tan stucco with taupe colored facia and trim elements, will be aesthetically pleasing and an attribute to the neighborhood. The project site layout 23 includes a private driveway enhanced with earth tone pavers, rich landscaping with a variety of trees and plant materials and open spaces to enhance the visual 24 appearance of the units. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall project design. 4. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 27 5. The Planning Commission has reviewed each of the exactions imposed on the Developer 28 contained in this resolution, and hereby finds, in this case, that the exactions are imposed PC RESO NO. 6742 -2- to mitigate impacts caused by or reasonably related to the project, and the extent and the 2 degree of the exaction is in rough proportionality to the impact caused by the project. 3 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading, c building, or final map, whichever occurs first. 6 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 7 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 future building permits; deny, revoke, or further condition all certificates of occupancy 9 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 10 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. ^2 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 13 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 14 development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 1 g regulations in effect at the time of building permit issuance. 17 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 I o 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 20 all requirements of law. 21 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, 23 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 24 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, 25 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 27 6. Building permits will not be issued for this project unless the local agency providing 2° water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the PC RESO NO. 6742 -3- time of the application for the building permit, and that water and sewer capacity and 2 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 3 7. This approval is granted subject to the approval of CT 10-01 and CDP 10-11 and is subject to all conditions contained in Planning Commission Resolutions No. 6740 and 5 6 7 8 9n requirement. 10 10. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any 12 13 14 20 21 22 23 24 26 27 28 6741 for these other approvals incorporated herein by reference. 8. This planned development permit approval shall expire two years from the date on which the planning commission voted to approve this application. 9. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 31 days. The CC&Rs for the project shall include this impacts on adjacent homes or property. 11. 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. 12. Developer shall establish a homeowner's association and corresponding covenants, 16 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 17 I 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: 19 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. 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 to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. 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 Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If 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 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 PC RESO NO. 6742 -4- maintenance of the Common Area Lots and/or Association's Easements within the 2 period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the 3 Owners as provided herein. 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, the City shall submit a written invoice to the Association for all costs incurred by the 6 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 7 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 the Project pursuant to the provisions of this Section. Said invoice shall be due and 9 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, 10 payment shall be deemed delinquent and shall be subject to a late charge in an 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 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 13 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 14 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 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 17 accordance with the procedures set forth in Article of this Declaration. 1 ° e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner , o landscape maintenance responsibilities shall be as set forth in Exhibit 20 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 21 22 g. The HOA shall be responsible for the removal of graffiti within the property 23 boundaries. All graffiti shall be removed within five days once it has been reported to the HOA. 24 Code Reminders:25 The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 27 13. Approval of this request shall not excuse compliance with all applicable sections of the 28 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. PCRESONO. 6742 -5- 14. The project shall comply with the latest nonresidential disabled access requirements 2 pursuant to Title 24 of the California Building Code. 3 15. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 4 <- 16. 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 6 Director prior to installation of such signs. 7 NOTICE 8 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 9 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."10 11 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 12 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. 15 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, 16 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. 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6742 -6- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on January 5, 2011, by the following vote, to wit: AYES: NOES: Chairperson L'Heureux, Commissioners Baker, Dominguez, Montgomery and Schumacher ABSENT: Commissioner Nygaard ABSTAIN: STEPHEN "HAP" I/HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6742 -7-