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HomeMy WebLinkAbout2013-05-01; Planning Commission; Resolution 6964 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 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 PC RESO NO. 6964 -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 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. PC RESO NO. 6964 -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 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. PC RESO NO. 6964 -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 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 PC RESO NO. 6964 -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 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. . . . . . . . . . . . . . . . 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 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 PC RESO NO. 6964 -6-