HomeMy WebLinkAbout2013-05-01; Planning Commission; Resolution 6964
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANNED
DEVELOPMENT PERMIT PUD 12-09 TO CONVERT A 19-
UNIT MULTI-FAMILY RESIDENTIAL APARTMENT
PROJECT TO AIR-SPACE CONDOMINIUM OWNERSHIP 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 CONDOS
CASE NO.: PUD 12-09
WHEREAS, Coastal Living LLC, “Owner/Developer,” has filed a
verified application with the City of Carlsbad regarding property described as
Parcel No. 2, In a 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 Planned
Development Permit as shown on Exhibits “A-DD” dated May 1, 2013, on file in the Planning
Division, VISTA LA COSTA CONDOS – PUD 12-09, as provided by Chapter 21.45/21.47 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 1, 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 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. 6964
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES VISTA LA COSTA CONDOS – PUD 12-09, 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 21.59 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 three separate, 2 & 3-story buildings containing nineteen residential units and currently under construction is compatible with surrounding
multi-family residential uses, and no negative circulation impacts will result as the
existing roadway (Gibraltar Street) 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, private driveway, 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 19 residential condominium units are located within three
separate buildings with a private 24 foot wide common driveway located off of
Gibraltar Street. The two and three story residential buildings with subterranean
parking spaces with secure storage areas are designed with craftsman style
architecture. The design uses building materials including wood siding, stucco
walls, brick columns, and a decorative composition roof. There are a variety of roof
planes that provide different roof heights and off-set building projections. The
building colors and accent trim consists of warm brown and beige/cream tones. The building facades will include a variety of different architectural elements including
columns, decks, wood siding, trellises, foam trim over the windows, and wood
railing that will be aesthetically pleasing and an attribute to the neighborhood.
Rear elevations also feature large windows and decks to maximize golf course views.
The project site layout includes a private driveway, guest parking area, a series of
sidewalks and accessible pathways providing pedestrian circulation throughout the site, and rich landscaping with a variety of trees and plant materials will be
provided throughout the site to enhance the visual appearance of the units and to
create a sense of privacy for the residents. At the rear of the site is a common
recreation amenity that includes a below ground pool and spa. All elements (i.e. site
layout, architecture, landscaping) create continuity in the overall project design.
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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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map.
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.
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6. This approval is granted subject to the approval of CT 12-06 and is subject to all
conditions contained in Planning Commission Resolutions No. 6963 for this other
approval incorporated herein by reference.
7. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the
Site Plan reflecting the conditions approved by the final decision-making body.
8. 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).
9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Building Official from the San Dieguito Union High and Encinitas Union School
District that this project has satisfied its obligation to provide school facilities.
10. 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.
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
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. 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.
14. 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
15. 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
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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
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.
16. This planned development permit shall expire two years from the date on which the city
planning commission voted to approve this application unless a final map is recorded for
CT 12-06.
17. Prior to the recordation of the final map (CT 12-06), 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 Resolution No. 6964 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.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the
Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
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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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on May 1, 2013, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners Black, L'Heureux,
Montgomery, Schumacher, Scully and Segall
~~Ks~.~
KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
City Planner
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