HomeMy WebLinkAbout2013-05-01; Planning Commission; Resolution 6969
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE FOR A REDUCTION IN THE PLANNED DEVELOPMENT MINIMUM LOT AREA STANDARD FROM
5,000 SQ. FT. TO 3,760 SQ. FT. FOR LOTS 2-5, 7-8, 10-12, 14-
27, AND 29-32 OF CT 12-05 ON PROPERTY GENERALLY
LOCATED ON THE NORTHWEST CORNER OF PASEO LUPINO AND RANCHO SANTA FE ROAD, IN THE LA COSTA MASTER PLAN, NEIGHBORHOOD SE-14 AND
LOCAL FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA RESIDENTIAL
CASE NO: V 12-02 WHEREAS, Taylor Morrison of California, LLC, “Developer,” has filed a
verified application with the City of Carlsbad regarding property owned by Property
Development Centers, LLC, “Owner,” described as
Parcel 1 as shown on that certain Parcel Map No. 20982 in the
Office of the County Recorder of San Diego County, State of
California (“the Property”); and
WHEREAS, said application constitutes a request for a reduction in the
Planned Development minimum lot area standard from 5,000 sq. ft. to 3,760 sq. ft. for
Lots 2-5, 7-8, 10-12, 14-27, and 29-32 of CT 12-05; and
WHEREAS, said verified application constitutes a request for a Variance as
shown on Exhibits “A – “VV” dated May 1, 2013, attached hereto and on file in the Carlsbad
Planning Division, LA COSTA RESIDENTIAL – V 12-02, provided by Chapter 21.50 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 all persons desiring to be heard, said Commission considered all factors
relating to the Variance.
PLANNING COMMISSION RESOLUTION NO. 6969
PC RESO NO. 6969 -2-
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES LA COSTA RESIDENTIAL – V 12-02, based on the
following findings: Findings:
1. That because of special circumstances applicable to the subject property, including size,
shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, in that the subject property includes special
circumstances that when combined result in a hardship. These special
circumstances include 1) a small net developable 5.78 acre triangular shaped
development area, 2) a 50 ft. wide setback requirement from Rancho Santa Fe Road, and 3) a requirement under the La Costa Master Plan to develop detached single-family product type at the RM (4-8 du/ac) density range. None of the adjoining residential properties include such similar development constraints.
Strict application of the zoning ordinance requiring that the proposed lots achieve a
minimum 5,000 sq. ft. lot area would result in fewer (26) detached single-family homes at a density of 4.49 du/ac. While this density falls within the bottom of the RM density range, it is 8.68 units below the Growth Management Control Point (GMCP) for the site, which is less than ideal and inconsistent with Government
Code §65863, which requires that the site develop at or near the sites GMCP density
(6 du/ac). To be more appropriately consistent with the City’s General Plan density for the site at the GMCP (6 du/ac), a variance allowing for a reduction in the minimum lot area from 5,000 sq. ft. to 3,760 sq. ft. on Lots 2-5, 7-8, 10-12, 14-27, and 29-32 is necessary. It is important to note that these lots would not be less than
3,760 sq. ft. and range between 3,760 - 4,964 sq. ft. The minimum lot area allowed
for detached single-family homes identified under the Planned Development Ordinance is 3,500 sq. ft. (C.M.C. §21.45.070(A) - Table D.3) when a site contains sensitive biological resources and thus requires a more creative lot design and project configuration to appropriately fit the development. While the project site
does not include sensitive biological resources, it does however have other unique
circumstances that when combined severely restrict its development potential in a
similar manner, whereby the strict application of the zoning ordinance would deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
2. That the variance shall not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding,
in that the proposed variance request to allow for a reduction in the minimum lot
area from 5,000 sq. ft. to 3,760 sq. ft. on Lots 2-5, 7-8, 10-12, 14-27, and 29-32 is
necessary to develop single-family homes with a detached product type, which is
PC RESO NO. 6969 -3-
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consistent with the surrounding detached single-family neighborhoods and the La Costa Master at a density that is consistent with the City’s General Plan GMCP (6
du/ac) as identified for the subject property. The proposed variance would not
increase density beyond that which is allowed on the site, nor does it propose a new land use that is inconsistent with the surrounding detached single-family residential properties.
3. That the variance does not authorize a use or activity which is not otherwise expressly
authorized by the zone regulation governing the subject property, in that the project site is zoned Planned Community (P-C) and is located within Neighborhood SE-14 of the La Costa Master Plan (LCMP). The LCMP designates Neighborhood SE-14 with Residential Density-Multiple (RD-M) Zoning, and specifically requires the
development of detached single-family residential dwellings within the RM density
range of 4-8 du/ac and pursuant to Government Code §65863 at or near the Growth Management Control Point (GMCP) density of 6 du/ac. The proposed variance request to allow for a reduction in the minimum lot area from 5,000 sq. ft. to 3,760 sq. ft. for Lots 2-5, 7-8, 10-12, 14-27, and 29-32 is necessary in order to achieve
project density (5.54 du/ac) on this uniquely constrained project site using a
detached single-family residential product type per the LCMP zoning requirements. The granting of this variance is specific to lot area and does not authorize a use or activity which is not otherwise expressly authorized by the zone regulations governing the subject property.
4. That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans, in that the General Plan designation for the subject property is Residential Medium Density (RM, 4-8 du/ac) and Open Space (OS). The proposed variance request would authorize the placement of detached
single-family residential dwellings on a uniquely constrained site at a density of 5.54
du/ac, which is consistent with both the RM (4-8 du/ac) General Plan Land Use designation and Growth Management Control Point (6 du/ac) for the site. The proposed variance would also allow for a minimum of 1.9 acres of open space to be maintained onsite consistent with the OS General Plan Land Use designation and as
identified in the La Costa Master Plan (LCMP). Therefore, granting of this
variance request will not be inconsistent with the general purpose and intent of the General Plan and/or the LCMP.
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:
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
PC RESO NO. 6969 -4-
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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 Variance.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Variance 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 conditions 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 Variance, (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. This approval is granted subject to the approval of CT 12-05 and PUD 12-07 and is
subject to all conditions contained in Planning Commission Resolutions No. 6967and 6968 for those other approvals incorporated herein by reference.
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, 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
:'-l\wtK.s~~
23 KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
DONNEU
City Planner
PC RESO NO. 6969 -5-