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HomeMy WebLinkAbout2011-03-16; Planning Commission; Resolution 67681 PLANNING COMMISSION RESOLUTION NO. 6768 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF A CARLSBAD TENTATIVE TRACT MAP AMENDMENT NUMBER CT 05-20 TO SUBDIVIDE .28 4 ACRES INTO NINE (9) CONDOMINIUM UNITS AND 1,150 SQUARE FEET OF COMMERCIAL/RETAIL SPACE ON THE PROPERTY LOCATED AT 3044 STATE STREET IN LAND 6 USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 7 CASE NAME: STATE STREET MIXED USE CASE NO.: CT 05-20(A) 9 WHEREAS, Karnak Planning and Design, "Applicant", has filed a verified 10 application with the City of Carlsbad regarding property owned by 3044 State Street, LLC, 11 "Owner", described as Assessor Parcel Number 203-297-04, and more thoroughly described 12 as; and 13 Lots 13 and 14 in Subdivision of a portion of Tract 106, 14 Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1710, filed in 15 the office of the County Recorder of San Diego County, 16 December 9,1919, 17 ("the Property"); and 18 WHEREAS, said verified application constitutes a request for a Tentative Tract Map Amendment as shown on Exhibits "A-T" dated March 16, 2011, on file in the Housing and 20 Neighborhood Services Department as CT 05-20(A) - STATE STREET MIXED USE as 21 provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and 22 WHEREAS, the Design Review Board did, on March 16, 2011, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony " and arguments, if any, of persons desiring to be heard, said Board considered all factors relating 27 to the Tentative Tract Map Amendment. 28 1 WHEREAS, on August 15, 2006, the Housing and Redevelopment 2 Commission approved, "State Street Mixed-Use RP 05-10(A)/CDP 05-42(A)/CT 05-20(A)," 3 as described and conditioned in Design Review Board Resolution No. 311. 4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 5 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning 9 Commission RECOMMENDS APPROVAL of CT 05-20(A) - STATE STREET MIXED USE, based on the following findings and subject to the 10 following conditions: Findings: 1 9 1. That the proposed map and the proposed design and improvement of the subdivision as , -, conditioned, is consistent with and satisfies all requirements of the General Plan, the Village Master Plan and Design Guidelines, Titles 20 and 21 of the Carlsbad Municipal 14 Code, and the State Subdivision Map Act, and will not cause serious public health problems. 15 2. That the proposed project is compatible with the surrounding future land uses since *" surrounding properties are located within Land Use District 1 of the Village Area and , 7 the intent of the Village Master Plan is to reinforce the pedestrian environment, encourage mutually supportive use and provide a major activity focus for Carlsbad 1 g Village and the City as a whole. 19 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the 32.1 du/ac development is consistent with the 35 du/ac ~, residential density allowed for the property by the Village Master Plan and Design Manual and based on the following findings: 22 a. The density is compatible with the surrounding area, which contains residential 23 and commercial/retail uses, and is permitted in District 1. b. The proposed density serves to satisfy the goals of the Village Redevelopment 25 Master Plan by increasing the number, quality, diversity, and affordability of housing units within this area of the Village. 26 The proposed density serves to satisfy the objectives of Land Use District 1 by 27 increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & Village Coaster Station). High residential densities in close proximity to mixed-use areas with easy access to mass transportation promote greater job/housing balance and help solve regional issues such as reduced traffic congestion and improved air quality. PC RESO NO. 6768 -2- 4. That the design of the subdivision or the type of improvements will not conflict with 2 easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in 3 that the property has frontage on State Street and there are no easements granting access through the property to others. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future passive or 7 natural heating or cooling opportunities in the subdivision. 8 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs 9 against the public service needs of the City and available fiscal and environmental I „ resources. II 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their 12 habitat, in that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is * 3 therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. Therefore, the Planning Commission finds that 15 there is no substantial evidence the project will have a significant effect on the environment. 16 9. That the discharge of waste from the subdivision will not result in violation of existing 17 California Regional Water Quality Control Board requirements, in that the project is conditioned to comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. 19 10. The Planning Commission finds that the project, as conditioned herein, is in 20 conformance with the Elements of the City's General Plan and the Village Master Plan and Design Guidelines based on the facts set forth in the staff report dated March 16, 21 2011 including, but not limited to the following: the project will provide for a permitted mixed-use development (multi-family residential and retail commercial) in an appropriate location within Land Use District 1 of the Village Area. 23 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the 24 applicable local facilities management plan, and all City public facility policies and ordinances since: 25 a. The project has been conditioned to ensure that building permits will not be 2" issued for the project unless the District Engineer determines that sewer service is 27 available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of 28 the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. PC RESO NO. 6768 -3- b. Statutory School fees will be paid to ensure the availability of school facilities in the 2 Carlsbad Unified School District. 3 c. Park-in-lieu fees are required as a condition of approval. 4 d. All necessary public improvements have been provided or are required as conditions of approval. e. The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will 7 enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 8 12. The project has been conditioned to pay any increase in public facility fee, or new 9 construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of j j public facilities and will mitigate any cumulative impacts created by the project. 12 13. This project has been conditioned to comply with any requirement approved as part of the , Local Facilities Management Plan for Zone 1. 13 14. The Planning Commission has reviewed each of the exactions imposed on the Developer 14 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. 16 Conditions: 17 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a 18 final map or the issuance of building permits, whichever occurs first. 19 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 20 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the Redevelopment Agency/City 21 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 22 certificates of occupancy issued under the authority of approvals herein granted; 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 24 the City's approval of this Tentative Tract Map Amendment. 25 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. 27 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 28 3. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. PC PvESO NO. 6768 -4- 4. If any condition for construction of any public improvements or facilities, or the payment 2 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 3 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 all requirements of law. 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and 5 hold harmless the City of Carlsbad, its governing body members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, 7 demands, claims and costs, including court costs and attorney's fees incurred by the Agency arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the 10 facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 11 6. The Developer shall submit to the City a reproducible 24" x 36", mylar copy of the (Tentative Map/Site Plan) reflecting the conditions approved by the final decision j 3 making body. 14 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required 17 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 18 9. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 2Q 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 21 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 22 10. 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 24 shall enter into an Affordable Housing Agreement with the City to provide and deed restrict one (1) dwelling unit (Lot/Unit 8) as affordable to lower-income households for 25 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 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. 28 PC RESO NO. 6768 -5- Engineering; 2 Note: Unless specifically stated in the condition, all of the following conditions, upon the 3 approval of this proposed tentative map, must be met prior to approval of a final map, building or grading permit whichever occurs first. 4 <- General 6 11. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer 7 for the proposed haul route. o 12. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or o other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private 10 utilities, sidewalks, landscaping, enhanced paving, water quality treatment measures, low impact development features, storm drain facilities, etc. located therein and to distribute 11 the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 13 13. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this project. There shall be one final map recorded for this project. 14 14. Developer shall install sight distance corridors at all street intersections and driveways in ^ accordance with City Engineering Standards. The property owner shall maintain this I f condition. 17 Fees/Agreements 18 15. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 2Q 16. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 21 17. Prior to approval of any grading or building permits for this project, developer shall cause 22 owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional 24 Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer. 25 18. Prior to issuance of building permits, or grading permit, whichever occurs first, developer shall cause owner to execute, for recordation, a city standard Local Improvement District 27 Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and installation of street lights, as needed, along the subdivision frontage, should 28 a future district be formed. PC RESO NO. 6768 -6- Grading 2 19. Based upon a review of the proposed grading and the grading quantities shown on the 3 tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports, for city engineer review, and shall pay all applicable grading plan review fees per the city's latest fee schedule. 20. Developer shall apply for and obtain a grading permit from the city engineer. Developer g shall pay all applicable grading permit fees per the city's latest fee schedule and shall post security per City Code requirements. 7 21. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and 10 educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 13 22. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, 14 developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all ,,- applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 17 23. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, 18 treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. 20 Dedications/Improvements 21 24. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain 22 and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 24 25. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Subdivision Improvement Agreement 25 to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the tentative map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: 28 a. Sewer main in Oak Avenue Alley. PC RESO NO. 6768 -7- Developer shall pay the standard improvement plan check and inspection fees. 2 Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in 3 said agreement. 4 26. Prior to issuance of building permits, developer shall install separate sewer services to _ each unit proposed by this tentative parcel map. Sewer services shall be provided to the satisfaction of the city engineer. 6 Non-Mapping Notes 7 27. Add the following notes to the final map as non-mapping data:8 o a. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public 10 improvements shown on the tentative map. These improvements include, but are not limited to: 11 1. Sewer main in Oak Avenue Alley. 13 b. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 14 c. Geotechnical Caution: 15 , 6 2. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action 17 that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this 18 subdivision due to its construction, operation or maintenance. 19 d. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted 2Q to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. 21 e. The owner of this property on behalf of itself and all of its successors in interest has 22 agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the 24 drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other 25 improvements identified in the city approved development plans. 26 Utilities: 27 28. Developer shall meet with the fire marshal to determine if fire protection measures (fire 28 flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. PC RESO NO. 6768 -8- 29. Developer shall design and construct public facilities within public right-of-way or 2 within minimum 20-foot'wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for 3 adequate maintenance, access and/or joint utility purposes. 30. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges , for connection to public facilities. 5 31. Developer shall install potable water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement 7 plans. o 32. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 10 33. The developer shall design and construct public sewer facilities substantially as shown on the tentative map to the satisfaction of the district engineer and city engineer. 11 34. The developer shall provide separate potable water meters for each separately owned unit within this subdivision. 13 Code Reminders: 14 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 35. The tentative map shall expire thirty-six (36) months from the date this tentative map 17 approval becomes final. 18 36. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative map 20 are for planning purposes only. 21 22 23 24 25 26 27 28 PC RESO NO. 6768 -9- 1 NOTICE 2 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 A "fees/exactions." 5 You have 90 days from the 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 6 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 12 expired. 13 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 15 fu •following vote, to wit: 16 AYES: Chairperson L'Heureux, Commissioners Black, Dominguez, Montgomery, Nygaard, Schumacher and Siekmann 18 NOES: 19 ABSENT: 20 ABSTAIN:21 22 STEPHEN "HAP" L'HEUREUX, Chairperson 24 CARLSBAD PLANNING COMMISSION 25 26 ATTEST: 27 28 DON NEU Planning Director PCRESONO. 6768 -10-