HomeMy WebLinkAbout2012-07-03; Planning Commission; Resolution 6901
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 12-01 TO ALLOW FOR THE
DEVELOPMENT OF A 19-UNIT RESIDENTIAL APARTMENT
PROJECT ON A 0.88-ACRE INFILL SITE GENERALLY
LOCATED ON THE NORTH SIDE OF GIBRALTAR STREET,
SOUTH OF THE LA COSTA GOLF COURSE, BETWEEN JEREZ
COURT AND ROMERIA STREET, AND IN LOCAL FACILITIES
MANAGEMENT ZONE 6.
CASE NAME: VISTA LA COSTA APARTMENTS
CASE NO.: SDP 12-01
WHEREAS, S. J. Asset Management Inc., “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Abedi Family Trust,
“Owner,” described as
Parcel No. 2, In Certificate of Compliance Recorded on August
27, 1984 as File No. 84-325375 of the Official Records of San
Diego County,
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - ”Y” dated July 3, 2012, on file in the Planning Division,
VISTA LA COSTA APARTMENTS – SDP 12-01 as provided by Chapter 21.06/Section
21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on July 3, 2012, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
PLANNING COMMISSION RESOLUTION NO. 6901
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES VISTA LA COSTA APARTMENTS – SDP 12-01
based on the following findings and subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, 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 impact the site, surroundings or
traffic circulation, in that That the requested use is properly related to the site,
surroundings and environmental settings, is consistent with the various elements and
objectives of the General Plan, 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 impact the site, surroundings or traffic circulation, in that the project consists
of the development of a 19-unit residential apartment building situated on a 0.88-
acre previously graded infill site located on the north side of Gibraltar Street, south
of the La Costa Golf Course, between Jerez Court and Romeria Street. The
proposed 19-unit residential apartment project at a density of 21.59 du/ac is
consistent with the Residential High Density (RH: 15 – 23 du/ac) General Plan Land
Use designation and compatible with existing multi-family residences and open
space that are located in the area. The project is consistent with the General Plan as
discussed in Section “A” of the staff report. Furthermore, the proposed residential
apartment project will not be detrimental to existing uses or to uses specifically
permitted in the area in which the use is located in that, the 19-unit apartment
building is a use permitted within the RD-M zone and is compatible with the multi-
family dwelling projects to the south, east and west. The apartment building is
properly related to the site surroundings and environmental settings in that the
project complies with all development standards of the RD-M zone and will result in
no environmental impacts. The project will not adversely impact the site,
surroundings, or traffic circulation in that the project complies with all applicable
development standards and is adequately parked onsite and will only generate 152
Average Daily Trips (ADT). The existing surrounding streets are fully improved
and have adequate capacity to accommodate the 152 ADTs.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project complies with all development standards of the Residential Density-
Multiple Zone (RD-M) as demonstrated in the staff report, including front, side and
rear setbacks, lot coverage, parking, and height restrictions.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the proposed 19-unit residential apartment project
has been designed in compliance with the development and design standards of the
RD-M Zone of the Carlsbad Municipal Code. The project provides adequate
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setbacks, lot coverage, and complies with the 35 foot maximum height limit. The
project is compatible with existing permitted multi-family and open spaces uses.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project will take access off of Gibraltar
Street. Gibraltar Street is identified as a local street, designed to adequately handle
the 152 Average Daily Trips generated by the 19-unit residential apartment project.
5. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan based on the facts set forth in
the staff report dated July 3, 2012, including, but not limited to the following:
a. Land Use – The General Plan Land Use designation for the property is
Residential High (RH) Density. The RH Land Use designation allows for the
development of multiple-family dwelling units within a density range of 15 – 23
dwelling units per acre (du/ac) and at a Growth Management Control Point
(GMCP) of 19 du/ac. The 19-unit residential apartment project has a density of
21.59 du/ac which is within the RH density range. At the RH GMCP, 16.72
dwelling units (17 units when rounded up) would be permitted on this 0.88 net
developable acre property. The project proposes 19 residential apartments and
is consistent with the RH General Plan Land Use designation as the project has
been conditioned to purchase three credits within the Cassia Heights project in
order to exceed the RH GMCP by 2.59 dwelling units and to be consistent with
City Council Policy No. 43 – Proposition E “Excess Dwelling” Unit Bank.
Furthermore, as discussed in the Staff Report, the required findings can be
made to exceed the GMCP.
b. Circulation – The project will take access off of Gibraltar Street. Gibraltar
Street is identified as a local street, designed to adequately handle the 152
Average Daily Trips generated by the 19 unit residential apartment project. All
public facilities including curb, gutter and sidewalk exist along the property
frontage.
c. Noise – The apartment project is not located adjacent to any noise source and
complies with the exterior 60 dB(A) CNEL noise standard and the interior
45dB(A) CNEL noise standard.
d. Housing – The project is consistent with the Housing Element of the General
Plan. The project consists of constructing 19 residential apartments and is not
subject to the Inclusionary Housing Ordinance. The project has however been
conditioned to purchase three affordable housing credits in the Cassia Heights
affordable housing project in order to withdraw 2.59 dwelling units from the
excess dwelling unit bank.
6. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 6 and all City public facility policies and
ordinances. 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
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facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof from the San Dieguito Union
High and Encinitas Union School District that the project has satisfied its obligation
for school facilities.
b. 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.
c. The Local Facilities Management fee for Zone 6 is required by Carlsbad Municipal
Code Section 21.90.050 and will be collected prior to issuance of building permit.
7. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
8. That the City Planner has determined 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 therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332 (In-Fill
Development Projects) Class 32 Categorical Exemption of the state CEQA Guidelines.
In making this determination, the City Planner has found that the exceptions listed in
Section 15300.2 of the state CEQA Guidelines do not apply to this project.
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 of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading or building permit, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
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
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s approval of this Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
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shall occur substantially as shown on the approved Exhibits. Any proposed 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
regulations in effect at the time of building permit issuance.
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
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. 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, 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 Site Development Plan,
(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,
including without limitation, any and all liabilities arising from 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 even if the City’s
approval is not validated.
6. Developer shall submit to City Planner a reproducible 24” x 36” mylar copy of the Site
Plan reflecting the conditions approved by the final decision-making body.
7. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the San Dieguito Union High and Encinitas Union School District that
this project has satisfied its obligation to provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 6 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
10. 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.
11. 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
adequate water service and sewer facilities, respectively, are available to the project at the
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time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#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
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90. All such
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.
13. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction executed by the owner of the real property to be developed. Said notice is
to be filed in the office of the County Recorder, subject to the satisfaction of the City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad
has issued a Site Development Plan by Resolution No. 6901 on the property. Said
Notice of Restriction shall note the property description, 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. The City Planner 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.
14. Developer shall submit and obtain City Planner approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping and
irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a
healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems
shall be maintained to provide the optimum amount of water to the landscape for plant
growth without causing soil erosion and runoff.
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Division and accompanied by the
project’s building, improvement, and grading plans
16. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits
to wildlife, as documented in the City’s Habitat Management Plan and the environmental
analysis for this project. Developer is aware that the City has adopted an In-lieu
Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City
Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of
vegetation and animal species. The Developer is further aware that the City has
determined that all projects will be required to pay the fee in order to be found consistent
with the Habitat Management Plan and the Open Space and Conservation Element of the
General Plan. The City is currently updating the fee study, which is expected to result in
an increase in the amount of the fee, and the Developer or Developer’s successor(s) in
interest shall pay the adjusted amount of the fee once it is approved by the City Council.
The fee shall be paid prior to recordation of a final map, or issuance of a grading permit
or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is
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not paid, this project will not be consistent with the Habitat Management Plan and the
General Plan and any and all approvals for this project shall become null and void.
17. The Developer is aware that the City is considering options for amending the Carlsbad
Municipal Code Inclusionary Ordinance Title 21, Chapter 21.85 to mandate an
inclusionary housing requirement with the new construction of rental housing, including
on-site construction of affordable units. The applicant is further aware that the City may
determine that certain residential rental projects may have to pay a housing impact fee, in
order to be found consistent with the City’s revised Inclusionary Ordinance. If an impact
fee is established by City Council ordinance and/or resolution and this project becomes
subject to an impact fee pursuant to said ordinance and/or resolution, then the Developer,
or his/her/their successor(s) in interest, shall pay the impact fee. The impact fee shall be
paid at the time of issuance of building permits or paid on approval of the final map,
parcel map or certificate of compliance, required to process the residential Planned
Development Permit, whichever pertains. If impact fees are required for this project, and
they are not paid, this project will not be consistent with the General Plan and approval
for this project will become null and void.
18. 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
Developer shall enter into an Affordable Housing Agreement with the City to purchase
three (3) affordable housing credit in the Cassia Heights Affordable housing project 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 City
Planner no later than 60 days prior to the request to final the map. The recorded
Affordable Housing Agreement shall be binding on all future owners and successors in
interest.
Engineering:
General
19. 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
for the proposed haul route.
20. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the district engineer has
determined that adequate water and sewer facilities are available at the time of permit
issuance and will continue to be available until time of occupancy.
21. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the
site plan, preliminary grading plan and preliminary utility plan reflecting the conditions
approved by the final decision making body. The reproducible shall be submitted to the
city planner, reviewed and, if acceptable, signed by the city's project engineer and project
planner prior to submittal of the building plans, improvement plans, grading plans, or
final map, whichever occurs first.
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22. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or
other recorded document, addressing the maintenance, repair, and replacement of shared
private improvements within this subdivision, including but not limited to private streets,
utilities, street trees, sidewalks, landscaping, street lighting, enhanced paving, water
quality treatment measures, low impact development features, storm drain facilities, etc.
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within this subdivision.
23. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this
condition.
Fees/Agreements
24. 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.
25. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
26. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
27. Prior to approval of any grading or building permits for this project, developer shall cause
owner to give written consent to the city engineer for the annexation of the area shown
within the boundaries of the site plan into the existing City of Carlsbad Street Lighting
and Landscaping District No. 1 and/or to the formation or annexation into an additional
Street Lighting and Landscaping District. Said written consent shall be on a form
provided by the city engineer.
Grading
28. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall prepare and submit
plans and technical studies/reports for city engineer review, post security and pay all
applicable grading plan review and permit fees per the city’s latest fee schedule.
29. Prior to the issuance of a grading permit, developer shall submit to the city engineer
receipt of a Notice of Intent from the State Water Resources Control Board.
30. Developer shall complete and submit to the city engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
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.
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31. This project is subject to ‘Priority Development Project’ requirements. Developer shall
prepare and process a Storm Water Management Plan (SWMP), subject to city engineer
approval, to demonstrate how this project meets current storm water treatment
requirements per the city’s Standard Urban Storm Water Management Plan (SUSMP),
latest version. In addition to new treatment control BMP selection criteria in the
SUSMP, the developer shall use low impact development (site design) approaches to
ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through
landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP
plan review and inspection fees per the city’s latest fee schedule.
32. 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,
treatment control BMP, applicable hydromodification measures, and Low Impact Design
(LID) facilities.
33. Developer shall submit documentation, subject to city engineer approval, demonstrating
how this project complies with hydromodification requirements per the city’s SUSMP,
latest version. Documentation shall be included within the Storm Water Management
Plan (SWMP).
Dedications/Improvements
34. Developer shall design the private drainage systems, as shown on the site plan to the
satisfaction of the city engineer. All private drainage systems (12” diameter storm drain
and larger) shall be inspected by the city. Developer shall pay the standard improvement
plan check and inspection fees for private drainage systems.
35. Developer shall design all proposed public improvements including but not limited to
sewer laterals, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains,
etc. as shown on the site plan. These improvements shall be shown on one of the
following, subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing
36. Developer shall pay plan check and inspection fees using improvement valuations in
accordance with the city’s current fee schedule. Developer shall apply for and obtain a
right-of-way permit prior to performing work in the city right-of-way.
Utilities
37. Developer shall meet with the fire marshal to determine if fire protection measures (fire
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.
38. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
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39. 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
plans.
40. Developer shall meet with and obtain approval from the Leucadia Wastewater District
regarding sewer infrastructure available or required to serve this project.
41. Developer shall install sewer laterals and clean-outs at locations approved by the city
engineer and Leucadia Wastewater District.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
42. 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 site plan are for
planning purposes only.
43. 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 time of building
permit issuance, except as otherwise specifically provided herein.
44. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
45. 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 City Planner
prior to installation of such signs.
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