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
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provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and
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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),"
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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.
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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:
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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.
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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.
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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, 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.
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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-