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HomeMy WebLinkAbout2011-03-16; Planning Commission; Resolution 67671 PLANNING COMMISSION RESOLUTION NO. 6767 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR REVIEW (REDEVELOPMENT) 4 PERMIT AMENDMENT RP 05-10A TO ALLOW THE CONSTRUCTION OF A MIXED USE DEVELOPMENT PROJECT CONSISTING OF NINE (9) CONDOMINIUM UNITS AND 1,155 6 SQUARE FEET OF COMMERCIAL/RETAIL SPACE ON PROPERTY GENERALLY LOCATED AT 3044 STATE STREET 7 IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE IN LOCAL FACILITIES MANAGEMENT ZONE 1. 8 CASE NAME: STATE STREET MIXED USE 9 CASE NO.: RP 05-1 OCA) 10 WHEREAS, Karnak Planning and Design, "Applicant," has filed a verified application with the City of Carlsbad regarding property owned by 3044 State Street, LLC, 12 "Owner," described as Assessor Parcel Number 203-297-04 , and more thoroughly described 13 as; 14 Lots 13 and 14 in Subdivision of a portion of Tract 106, Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1710, filed in the office of the County Recorder of San Diego County, 17 December 9,1919, 18 ("the Property"); and WHEREAS, said verified application constitutes a request for a Major Review 20 (Redevelopment) Permit Amendment as shown on Exhibits "A-T" dated March 16, 2011, on 21 file in the Housing and Neighborhood Services Department, RP 05-10(A) - STATE STREET 22 MIXED USE, as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did, on March 16, 2011 , hold a duly 25 noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the Major Review (Redevelopment) Permit Amendment. WHEREAS, on August 15, 2006, the Housing and Redevelopment 2 Commission approved, "State Street Mixed-Use RP 05-10", as described and conditioned in 3 Design Review Board Resolution No. 309.4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. 8 B) That based on the evidence presented at the public hearing, the Planning 9 Commission RECOMMENDS APPROVAL of RP 05-10(A) - STATE STREET MIXED USE, based on the following findings and subject to the 10 following conditions: 11 Findings: 12 1. The Planning Director has determined that the project belongs to a class of projects that the 13 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 preparation of 14 environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to ,,- this project. 17 2. The Planning Commission finds that the project, as conditioned herein and with the findings contained herein to grant the standards modifications, is consistent with the goals and 18 objectives set forth within the Village Master Plan and Design Manual based on the facts set forth in the staff report dated March 16, 2011 including but not limited to the following: 20 a. The proposed proj.ect will be achieving the silver level of LEED certification to qualify for a standards modification to allow for the reduction of one (1) guest parking space and 21 . reduced size of said guest parking spaces to accommodate fuel-efficient vehicles such as the "smart car" or similar vehicles. 22 b. The proposed project has been designed to achieve the silver level of LEED certification by its close proximity to public transportation including the Coaster Commuter Rail and 24 Bus Transfer Station, providing on-site parking and electrical charging facilities for low- emitting and fuel-efficient vehicles, reducing water usage, providing on-site renewable 25 energy, reusing materials, and using regional materials and low-emitting materials and other similar features as set forth in the LEED project checklist.26 27 c. The proposed project shall satisfy its affordable housing requirement on site, and the standards modifications will allow for adequate residential density to ensure the financial 28 feasibility of said design and accommodate said unit on-site. PC RESO NO. 6767 -2- d. The proposed project shall provide a mix of uses including residential and retail which is 2 a preferred development for District 1 of the Village Area to increase residential and provide additional retail space opportunities for new unique businesses, and assist in the 3 accomplishment of the goals and objectives for the Village Area. 4 3. The Planning Commission finds that the project, as conditioned herein, with the findings c- contained herein to grant participation in the Parking In-Lieu Fee Program, is in conformance with the Elements of the City's General Plan, and the Carlsbad Village Master 6 Plan and Design Manual based on the facts set forth in the staff report dated March 16, 2011 including, but not limited to the following: 7 a. The proposed project is consistent with the goals for the Village, as outlined within the General Plan, because it provides for a mix of multi-family residential and n commercial/retail uses in an appropriate location within the Village. This in turn serves to enhance and maintain the area as a residential neighborhood and 10 encourages greater residential support opportunities in the Village. By providing more residential and commercial/retail opportunities, the project helps to create a ' 1 lively, interesting social environment by encouraging and increasing the opportunity for 24-hour life in the Village, which provides the necessary customer base to attract complementary uses. The project's proximity to existing bus routes and mass j 3 transit will help to further the goal of providing new economic development near transportation corridors. Furthermore, the project will provide a strong street 14 presence with extensive architectural relief, including outdoor decks looking out over the adjacent streets. Overall, the new residential units will enhance the Village ~* as a place for living and working. b. The project is consistent with the Village Master Plan and Design manual in that the 17 proposed project assists in satisfying the goals and objectives set forth for Land Use District 1 through the following actions: 1) It establishes the Village as a quality 18 shopping, working, and living environment by providing for a multi-family for-sale product which serves to increase the type of housing options available to people seeking to reside in the downtown area. 2) It improves the pedestrian and vehicular 2Q circulation in the Village Area by providing residential units in close proximity to both bus and rail mass transit. 3) It stimulates property improvements and new 21 development in the Village by providing for an appropriate intensity of residential development and commercial/retail development that may serve as a catalyst for 22 future redevelopment in the area. 4) It improves the physical appearance of the _- Village Area by replacing older structures with an aesthetically pleasing building with attractive landscaping. 24 c. The project as designed is consistent with the development standards for Land Use 25 District 1, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual.26 27 d. The existing streets can accommodate the estimated ADTs, and all required public right-of-way has been, or will be dedicated, and has been, or will be improved to 28 serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Public facilities have been, or will be constructed to serve the proposed project. The project has been conditioned to PC PvESO NO. 6767 -3- develop and implement a program of "best management practices" for the 2 elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. 3 e. The proposed project will not have an adverse impact on any open space within the ^ surrounding area. The project is consistent with the Open Space requirements for c new development within the Village Area and the City's Landscape Manual. 6 f. The proposed project has been conditioned to comply with the Uniform Building and Fire Codes adopted by the City to ensure that the project meets appropriate fire 7 protection and other safety standards. o g. The proposed project is consistent with the Housing Element of the General Plan g and the City's Inclusionary Housing Ordinance, as the Developer is providing one affordable housing unit on site. 10 4. The project will provide sufficient public facilities for the residential density to ensure that 11 the adequacy of the City's public facility plans will not be adversely impacted, in that all necessary public improvements to accommodate the proposed development have been provided or are required as conditions of project approval. 13 5. All necessary public facilities required by the Growth Management Ordinance will be 14 constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that all required public facilities necessary to accommodate the proposed development have been provided or , /- are required as conditions of project approval. 17 6. The project is consistent with the City-wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1, and all City public facility policies and ordinances. 18 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; 20 government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, 21 a. The project has been conditioned to ensure that building permits will not be issued 22 for the project unless the District Engineer determines that sewer service is _- available, and building cannot occur within the project unless sewer service remains available and the District Engineer is satisfied that the requirements of the Public 24 Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 25 b. All necessary public improvements have been provided or are required as conditions of approval. 27 c. The project has been conditioned to provide proof from the Carlsbad Unified School 28 District that the project has satisfied its obligation to provide school facilities. PC RESO NO. 6767 -4- d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will 2 be collected prior to the issuance of building permit. 3 e. 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.4 c 7. The project is consistent with the City's Landscape Manual. 6 8. The Planning Commission finds that the Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking 7 requirements for the project. Justification for participation in the Parking In-Lieu Fee Program is contained in the following findings:8 g a. The project is consistent with the Carlsbad General Plan because it provides for a commercial/retail use in an appropriate location within the Village. The project 10 provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence 11 to the land use regulations and design guidelines set forth for the area. ; 12 b. The project is consistent with the Village Master Plan and Design Manual in that 13 the project assists in satisfying the goals and objectives set forth for Land Use District 1 through the following actions: 1) the project provides permitted 14 commercial/retail space in a new structure; 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of the same architectural elements found in residential projects; and 3) the project consists of an , g individual building set back from the street complimented by landscaping. 17 c. Adequate parking is available within the Village to accommodate the project's parking demands. Based on the most recent parking study dated in August of 2010, 18 the average occupancy for all public parking lots is 53%. This utilization ratio allows for continued implementation of the parking in-lieu fee program because it is less than the 85% threshold for maximum utilization set by the Housing and 20 Redevelopment Commission. 21 d. The City Council has approved the existing In-Lieu Fee Program. 22 9. 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 24 of the exaction is in rough proportionality to the impact caused by the project. 25 Conditions; Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 2j building permits. 28 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 over time, if any such conditions fail to be so implemented PC RESO NO. 6767 -5- and maintained according to their terms, the City shall have the right to revoke or modify 2 all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the 3 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 4 damages for their violation. No vested rights are gained by Developer or a successor in _ interest by the City's approval of this Major Redevelopment Permit Amendment. 6 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Major Redevelopment Permit Amendment documents, as 7 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 o this approval. 10 3. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 11 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 13 Project are 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 14 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 1fi 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its governing body members, officers, employees, 17 agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City 18 arising, directly or indirectly, from (a) City's approval and issuance of this Major Redevelopment Permit Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use 2Q contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from 21 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 22 even if the City's approval is not validated. 73 6. The Developer shall submit to the Housing and Neighborhood Services Department a 24 reproducible 24" x 36", mylar copy of the Major Redevelopment Permit Amendment reflecting the conditions approved by the final decision making body. 25 7. The Developer shall include, as part of the plans submitted for any permit plan check, a 2" reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 27 format. 28 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities. PC RESO NO. 6767 -6- 9. This project shall comply with all conditions and mitigation measures which are required 2 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 3 10. Approval is granted for Redevelopment Permit Amendment RP 05-10(A) as shown on Exhibits A-P, dated March 16, 2011, on file in the Housing and Neighborhood <. Services Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 6 11. This approval is granted subject to the approval of CDP 05-42(A) and CT 05-20(A), and 7 is subject to all conditions contained in Planning Commission Resolutions No. 6768 and 6769 for those other approvals incorporated herein by reference.8 12. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 10 13. Building permits will not be issued for the project unless the local agency providing 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 time of the application for the building permit, and that water and sewer capacity and 13 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 14 14. Developer shall install to the satisfaction of the Housing and Neighborhood Services Director and/or Planning Director, striping and signing, indicating the four (4) guest , r parking spaces are available for smaller-sized vehicles and electric charging stations are available for public use. 17 Housing 18 15. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Owner 2Q shall enter into an Affordable Housing Agreement with the City to provide and deed restrict one (1) dwelling units (Lot/Unit 8) as affordable to lower-income households for 21 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be 22 submitted to the Housing and Neighborhood Services Director no later than 60 days prior to request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 24 Landscape 25 16. The Developer shall submit and obtain Housing & Neighborhood Service Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and 28 maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. PC RESO NO. 6767 -7- 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 2 landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 3 18. Developer shall pay a landscape plan check and inspection fee as required by Section 4 20.08.050 of the Carlsbad Municipal Code. Miscellaneous 6 19. The 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 Housing and Neighborhood Services Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Housing & Neighborhood o Services Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Housing and Neighborhood 10 Services. At a minimum, the CC&Rs shall contain the following provisions: 11 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 14 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. 20. This project is being approved as a condominium permit for residential homeownership 17 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 18 requirement. 21. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 20 #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 21 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 .22 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. 24 22. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 25 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and/or Housing and Neighborhood Services. 26 ~7 23. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and 28 recreational facilities. PC RESO NO. 6767 -8- Noticing 2 24. Prior to the issuance of the building permit, Developer shall submit to the City a Notice 3 of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Housing and Neighborhood Services Director, notifying all interested parties 4 and successors in interest that the City of Carlsbad has issued a Major Redevelopment <- Permit Amendment by Planning Commission Resolution No. 6767 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, 6 location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. 7 The Housing and Neighborhood Services Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 9 25. The developer shall construct trash receptacle and recycling areas as shown on the site 10 plan (Exhibit "B") with gates pursuant to the City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the 11 Housing & Neighborhood Services Director. Enclosure shall be of similar colors and/or materials of the project and subject to the satisfaction of the Housing & Neighborhood Services Director. 13 26. No outdoor storage of material shall occur onsite unless required by the Fire Chief. 14 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Housing & Neighborhood Services Director of an Outdoor Storage Plan, and 1 -* thereafter comply with the approved plan. 27. The developer shall submit and obtain Housing & Neighborhood Services Director 17 approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 18 28. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 2Q substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Housing and Neighborhood Services 21 29. Prior to issuance of the building permit, the Developer shall enter into a Parking In- 22 Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for „_ four (4) parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking 24 spaces needed to satisfy the commercial/retail component of the project's parking requirement (4 spaces total). 25 30. The project shall have a master cable television hookup. Individual antennas shall 26 not be permitted. 27 31. There shall be separate utility systems for each unit. 28 PC RESO NO. 6767 -9- 32. Building materials identified in acoustical study prepared by Mestre Greve 2 Associates shall be used in the building construction in order to reduce noise levels to an acceptable level. 3 33. Solid masonry walls shall be installed along all common lot lines that adjoin an existing residential use. Code Reminders; 6 The project is subject to all applicable provisions of local ordinances, including but not limited to 7 the following code requirements. 8 Fees 9 34. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final 10 map as required by Chapter 20.44 of the Carlsbad Municipal Code. 35. The developer shall pay a landscape plan check and inspection fee as required by Section 20.080.050 of the Carlsbad Municipal Code. 13 36. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance 14 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer.15 General 17 37. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of 18 building permit issuance, except as otherwise specifically provided herein. 19 38. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 20 Code Section 18.04.320. 21 39. Any signs proposed for this development shall at a minimum be designed in conformance with the approved plans and the sign criteria contained in the Village Master Plan 22 and Design Manual and shall require review and approval of the Housing & Neighborhood Services Director prior to installation of such signs. 24 25 26 27 28 PC RESO NO. 6767 -10- 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 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 March 16, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEPHEKPHAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6767 -11-