HomeMy WebLinkAbout2013-01-30; Planning Commission; Resolution 6942
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF MAJOR REVIEW PERMIT RP 12-28 TO ALLOW
FOR THE CONSTRUCTION OF A FOUR UNIT RESIDENTIAL
CONDOMINIUM DEVELOPMENT ON PROPERTY
GENERALLY LOCATED AT 2685 STATE STREET IN LAND
USE DISTRICT 4 OF THE VILLAGE REVIEW ZONE IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: RAILYARD LOFTS
CASE NO.: RP 12-28
WHEREAS, Mark Benjamin, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Mark Benjamin, “Owner,” described as
The southerly 51 feet of Lot 6 of Seaside Lands, in the City of
Carlsbad, County of San Diego, State of California, according
to Map Thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921; the northerly
line of the said southerly 51 feet being parallel with the
dividing line between lots 5 and 6 in said Seaside Lands
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Major Review
Permit as shown on Exhibits “A” – “K” dated January 30, 2013, on file in the Planning
Division, RAILYARD LOFTS – RP 12-28 as provided by Chapter 21.35.080 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on January 30, 2013, 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 Major Review 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. 6942
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B) That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of RAILYARD LOFTS – RP
12-28, based on the following findings and subject to the following conditions:
Findings:
1. That the project is consistent with the Village Review Zone and the Village Master Plan
and Design Manual in that a multi-family residential condominium project is a
permitted use within District 4 of the Village Review Zone. Furthermore, the project
is consistent with the Village Master Plan and Design Manual in that the proposed
project assists in satisfying the goals and objectives set forth for the Village through
the following actions: it establishes Carlsbad Village as a quality shopping, working
and living environment by increasing the number and improving the condition and appearance of housing units within the Village; and stimulates property
improvements and new development in the Village by constructing a new building
in a blighted area; and improves the physical appearance of the Village by
developing a vacant, underutilized lot with an attractive residential building.
2. 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
preparation of environmental documents pursuant to Section 15332 of the State CEQA
Guidelines as an infill development project. 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.
3. 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 January 30, 2013 including, but not limited to the following:
a. The proposed project is consistent with the goals for the Village, as outlined
within the General Plan, because it provides a multi-family residential condominium use in an appropriate location within the Village. This in turn
serves to enhance and maintain the area as a residential neighborhood. By
providing more residential opportunities, the project helps to create a livelier,
more interesting social environment by encouraging and increasing the
opportunity for 24-hour life in the Village, which provides the necessary
customer base to attract complementary uses. The project’s proximity to existing bus routes and mass transit will help further the goal of providing new economic
development near transportation corridors. Furthermore, the project will
provide a strong street presence with extensive architectural relief, including
outdoor decks looking out over the adjacent street and alley. Overall, the new
residential units will enhance the Village as a place for living.
b. The existing streets can accommodate the estimated ADTs, and all required public right-of-way has been, or will be dedicated, and has been, or will be
improved to serve the development. The pedestrian spaces and circulation have
been designed in relationship to the land use and available parking. Public
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facilities have been, or will be constructed to serve the proposed project. The
project has been conditioned to develop and implement a program of “best
management practices” for the elimination and reduction of pollutants which
enter into and/or are transported within storm drainage facilities.
c. The proposed project will not have an adverse impact on any open space within
the surrounding area. The project is consistent with the Open Space
requirements for new development within the Village Area and the City’s
Landscape Manual.
d. The proposed project is consistent with the Housing Element of the General Plan
and the City’s Inclusionary Housing Ordinance, as the project has been
conditioned to pay an Affordable Housing In-Lieu fee of $4,515 per unit ($18,060
total).
4. The Planning Commission find that the project, as conditioned herein and with the
findings noted below to grant the standards modification for a parking reduction is
consistent with the goals and objectives set forth within the Village Master Plan and
Design Manual based on the facts set forth in the staff report dated January 30, 2013
including but not limited to the following:
a. The proposed project has been designed to achieve the silver level of LEED
certification by its close proximity to public transportation including the Coaster
Commuter Rail and Bus Transfer Station, use of drought tolerant plants, dense
residential development, energy efficiency and other similar features as set forth
in the LEED project checklist.
b. The proposed project involves the development of a blighted and underutilized property with a well-designed, attractive, and desirable multi-family project in
an appropriate location within the Village.
c. The proposed project establishes Carlsbad Village as a quality shopping,
working and living environment by increasing the number and improving the
condition and appearance of housing units within the Village.
5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 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
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 Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
b. All necessary public improvements have been provided or are required as conditions
of approval.
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6. That the project is consistent with the City’s Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).
7. 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 the issuance of
building permits.
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 Major Review Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Major Review 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 Major Review 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
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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 Planning Division 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
Building Division from the Carlsbad 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 1 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 MS 12-05 and is subject to all findings
and conditions contained in the City’s administrative approval letter 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 date of project approval.
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 1, 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.
Housing
14. At issuance of building permits, or prior to the approval of a final map and/or issuance of
certificate of compliance for the conversion of existing apartments to air-space
condominiums, the Developer shall pay to the City an inclusionary housing (in-lieu) fee
as an individual fee on a per market rate dwelling unit basis in the amount in effect at the
time, as established by City Council Resolution from time to time.
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Landscape
15. 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.
16. 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.
Miscellaneous
17. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
by the City Planner prior to final map approval. Prior to issuance of a building permit,
the Developer shall provide the Planning Division with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the City Planner.
At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
18. This project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 31 days. The CC&Rs for the project shall include this
requirement.
19. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
20. Prior to occupancy of the first dwelling unit, the Developer shall provide all required
passive and active recreational areas per the approved plans, including landscaping and
recreational facilities.
. . .
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Noticing
21. Prior to the issuance of the Major Review 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 Major Review Permit by Resolution No. 6942 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.
22. Prior to the recordation of the first final (parcel) map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
may be subject to noise impacts from the proposed or existing Transportation Corridor, in
a form meeting the approval of the City Planner and the City Attorney (see Noise Form
#1 on file in the Planning Division).
Onsite Conditions - Specific
23. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the City Planner.
Enclosure shall be of similar colors and/or materials to the project to the satisfaction of
the City Planner.
24. Developer shall submit and obtain City Planner approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
25. Developer shall construct, install, and stripe not less than 8 parking spaces, as shown on
Exhibit “E.”
Engineering:
General
26. 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.
27. 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.
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28. 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
driveways, utilities, walkways, landscaping, 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.
29. Developer shall prepare, submit and process for city engineer approval a parcel map (MS
12-05) to subdivide this project.
30. 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
31. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
32. 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.
33. Developer shall cause property owner to apply for, execute, and submit, to the city
engineer for recordation, an Encroachment Agreement covering private storm drain
facilities located over existing public right-of-way or easements as shown on the site plan.
Developer shall pay processing fees per the city’s latest fee schedule.
34. 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
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
a future district be formed.
Grading
35. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a minor grading permit for this project is required. Developer shall process grading
plans via the building permit process. Technical studies/reports may be required subject
to the city engineer’s review. Developer shall pay all applicable grading plan check and
permit fees per the city’s latest fee schedule.
36. 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
educational practices, maintenance procedures, and other management practices or
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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.
37. 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.
38. Developer shall incorporate measures with this project to comply with Standard
Stormwater Requirements per the city’s Standard Urban Stormwater Management Plan
(SUSMP). These measures include, but are not limited to: 1) reducing the use of new
impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to
discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash
enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer.
Dedications/Improvements
39. 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.
40. Developer shall design all proposed public improvements including but not limited to
sewer laterals, driveways, walkways, 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.
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.
41. 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.
42. Developer shall design, and obtain approval from the city engineer, the structural section
for the access aisles with a traffic index of 5.0 in accordance with city standards due to
truck access through the parking area and/or aisles with an ADT greater than 500. Prior to
completion of grading, the final structural pavement design of the aisle ways shall be
submitted together with required R-value soil test information subject to the review and
approval of the city engineer.
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Utilities
43. 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.
44. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
45. Developer shall install potable water and/or recycled water services and meters at
locations approved by the district engineer. The locations of said services shall be
reflected on public improvement plans.
46. 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.
47. The developer shall provide separate potable water meters for each separately owned unit
within this subdivision.
Fire:
48. The proposed vehicle parking lifts shall require that fire sprinkler coverage be provided
under the upper parking level when lift is at full height.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements:
Fees
49. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
50. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as
required by Council Policy No. 17.
51. Prior to the issuance of a building permit, Developer shall pay the Local Facilities
Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
52. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
53. The developer shall provide separate potable water meters for each separately owned unit
within this subdivision.
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General
54. 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.
55. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
NOTICE
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
“fees/exactions.”
You have 90 days from 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
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
expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on January 30, 2013, by the following
vote, to wit:
AYES: Chairperson Siekmann, Commissioner Arnold, Black, L'Heureux,
Montgomery, Schumacher and Scully
NOES:
ABSENT:
ABSTAIN:
~AJJ ~ s,-,~ QAAf= KE Y SE ANN; Chail'Phson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
City Planner
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