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HomeMy WebLinkAbout2012-07-03; Planning Commission; Resolution 6901 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 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 PC RESO NO. 6901 -2- 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 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 PC RESO NO. 6901 -3- 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 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 PC RESO NO. 6901 -4- 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 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 PC RESO NO. 6901 -5- 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 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 PC RESO NO. 6901 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RESO NO. 6901 -7- 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 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. PC RESO NO. 6901 -8- 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 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. PC RESO NO. 6901 -9- 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 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. PC RESO NO. 6901 -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 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. . . . . . . . . . . . . . . . . . . . . . . . . . . .