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HomeMy WebLinkAbout2012-08-01; Planning Commission; Resolution 6903 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 PLANNED DEVELOPMENT PERMIT PUD 11-05 TO DEVELOP A SEVEN UNIT MULTI-FAMILY RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A .40 ACRE INFILL SITE GENERALLY LOCATED AT THE NORTHERN END OF JEREZ COURT IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: LA COSTA VISTA CASE NO.: PUD 11-05 WHEREAS, TMS DEVELOPMENT, “Owner/Developer,” has filed a verified application with the City of Carlsbad regarding property described as Lot 365 of La Costa South Unit No. 5, in the County of San Diego, State of California, according to Map thereof No. 6600 filed in the Office of the County Recorder of San Diego County, March 10, 1970 (“the Property”); and WHEREAS, said verified application constitutes a request for a Planned Development Permit as shown on Exhibits “A” – “L” dated August 1, 2012 on file in the Planning Division, LA COSTA VISTA – PUD 11-05, as provided by Chapter 21.45/21.47 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on August 1, 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 persons desiring to be heard, said Commission considered all factors relating to the Planned Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. PLANNING COMMISSION RESOLUTION NO. 6903 PC RESO NO. 6903 -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 B) That based on the evidence presented at the public hearing, the Commission APPROVES LA COSTA VISTA – PUD 11-05, based on the following findings and subject to the following conditions: Findings: 1. The proposed project is consistent with the general plan, and complies with all applicable provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in that in that the project density of 17.5 dwelling units per acre is consistent with the Residential High Density Land Use designation (15 – 23 du/acre). As discussed in the staff report, the project is consistent with the development and design standards applicable to the property as contained in Chapters 21.24 and 21.45 of the Carlsbad Municipal Code. 2. The proposed project 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, in that, in that no standards variances are proposed or required, the proposed 2-story seven unit condominium project is compatible with surrounding multi-family residential uses, and no negative circulation impacts will result as the existing roadway (Jerez Court) is adequate to accommodate the traffic generated by this project. 3. The project will not adversely affect the public health, safety, or general welfare, in that it has been designed to comply with all applicable development standards to ensure compatibility with surrounding residential uses. The project’s design, including architecture, streets, and site layout: a) contributes to the community’s overall aesthetic quality; b) includes the use of harmonious materials and colors, and the appropriate use of landscaping; and c) achieves continuity among all elements of the project, in that the condominium units are arranged in a 4-plex and 3-plex configuration within two separate buildings around the common driveway. The two story structures with attached two car garages are designed with Santa Barbara style architecture. Architectural design elements include a variety of roof planes and off-set building projections, accented building facades featuring stone veneer, and the proposed colors, beige/tan stucco with taupe colored facia and trim elements, will be aesthetically pleasing and an attribute to the neighborhood. The project site layout includes a private driveway enhanced with earth tone pavers, rich landscaping with a variety of trees and plant materials and open spaces to enhance the visual appearance of the units. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall project design. 4. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 5. 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. PC RESO NO. 6903 -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 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading, building, or final map, 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 Planned Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to 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 Planned Development Permit, (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. 6. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the (Planned Development Plan) reflecting the conditions approved by the final decision- making body. . . . PC RESO NO. 6903 -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 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 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 is granted subject to the approval of CT 11-02 and is subject to all conditions contained in Planning Commission Resolutions No. 6902 for this other approval incorporated herein by reference. 11. This approval shall become null and void if building permits are not issued for this project within 24 months from the recordation date of the Final Map. 12. 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 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. A note to this effect shall be placed on the Final Map. 13. 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. 14. Prior to the issuance of the final map, 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 Planned Development Permit by Resolutions No. 6903 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. . . .