HomeMy WebLinkAbout2013-06-05; Planning Commission; Resolution 6979
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANNED
DEVELOPMENT PERMIT PUD 12-06 TO DEMOLISH A TWO
FAMILY DWELLING AND DEVELOP A FOURTEEN UNIT
MULTI-FAMILY RESIDENTIAL AIR-SPACE CONDOMINIUM
PROJECT ON A 0.783-ACRE INFILL SITE GENERALLY
LOCATED ON THE SOUTH SIDE OF WALNUT AVENUE
BETWEEN GARFIELD STREET AND LINCOLN STREET,
NORTH OF CHESTNUT AVENUE WITHIN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: 201 WALNUT TOWNHOMES
CASE NO.: PUD 12-06
WHEREAS, Walnut Beach Townhomes LLC, “Owner/Developer,” has filed a
verified application with the City of Carlsbad regarding property described as
A portion of Thum Lands, Tract 216, in the City of Carlsbad, County of San Diego, State of California, according to Map
thereof No. 1681, filed in the Office of the County Recorder of
San Diego County, December 9, 1915. Together with those
portions of Walnut Avenue and Lincoln Street vacated by
Resolution No. 96-59, a resolution of the City Council of the,
City of Carlsbad, a certified copy recorded April 2, 1996 as
File No. 1996-0163578 of Official Records, all as set forth in that certain Certificate of Compliance recorded April 18, 2007
as File No. 2007-0261639, 2007-0261640, and 2007-0261641 of
Official Records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned
Development Permit as shown on Exhibits “A” – “CC” dated June 5, 2013, on file in the
Planning Division, 201 WALNUT TOWNHOMES – PUD 12-06, as provided by Chapter
21.45/21.47 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on June 5, 2013, hold a duly noticed
public hearing as prescribed by law to consider said request; and
. . .
PLANNING COMMISSION RESOLUTION NO. 6979
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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.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES 201 WALNUT TOWNHOMES – PUD 12-06, 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 Chapter 21.45, and all other applicable provisions of the Carlsbad
Municipal Code, in that the project density of 17.87 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 21.16, 21.45
and 21.82 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 no standards variances are proposed or
required, the proposed 3-story fourteen unit condominium project is compatible
with surrounding multi-family residential uses, and no negative circulation impacts will result as the existing roadway (Lincoln 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, 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 9-plex and 5-plex configuration within two
separate buildings around the common driveway. The three story structures with
attached two car garages are architecturally designed based on a beach context
consisting of white on white lapped wood siding, white detailed railings and trim,
gray standing seam metal roofing and white framed aluminum clad wood windows.
Architectural design elements include a variety of roof planes and off-set building projections, wood rafter tails, and decorative arbors, and the proposed mentioned
colors will be aesthetically pleasing and an attribute to the neighborhood. The
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project site layout includes a private driveway enhanced with light earth toned
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 (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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 specifically stated in the condition, all of the following conditions, upon the
approval of this proposed planned development permit, must be met prior to approval of
a final map, building or grading permit 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,
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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. 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.
7. This approval is granted subject to the approval of CT 12-03 and CDP 12-17 and is
subject to all conditions contained in Planning Commission Resolutions No. 6978 and
6980 for those other approvals incorporated herein by reference.
8. This planned development permit approval shall expire two years from the date on which
the planning commission voted to approve this application.
9. 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.
10. Prior to the issuance of a building permit, the Developer shall provide proof to the
Building Division from the Carlsbad Unified School District that this project has
satisfied its obligation to provide school facilities.
11. 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.
12. Prior to the issuance of the building 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 Planned Development Permit by Resolution No. 6979 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
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modifies or terminates said notice upon a showing of good cause by the Developer or
successor in interest.
13. 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.
14. 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.
15. Prior to issuance of building permits, the Developer shall submit to the City Planner a
recorded copy of the Condominium Plan filed with the Department of Real Estate which
is in conformance with the City approved documents and exhibits.
16. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions. 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 Department 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.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s Easements,
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the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association’s
Easements. The City shall provide a copy of such invoice to each Owner in the
Project, together with a statement that if the Association fails to pay such invoice in
full within the time specified, the City will pursue collection against the Owners in
the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount
equal to six percent (6%) of the amount of the invoice. Thereafter the City may
pursue collection from the Association by means of any remedies available at law or
in equity. Without limiting the generality of the foregoing, in addition to all other
rights and remedies available to the City, the City may levy a special assessment
against the Owners of each Lot in the Project for an equal pro rata share of the
invoice, plus the late charge. Such special assessment shall constitute a charge on the
land and shall be a continuing lien upon each Lot against which the special
assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot
and to bring all legal actions and/or to pursue lien foreclosure procedures against any
Owner and his/her respective Lot for purposes of collecting such special assessment
in accordance with the procedures set forth in Article of this Declaration.
e. Landscape Maintenance Responsibilities. The HOA's and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ____________.
f. Balconies, trellis, and decks. The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit
__________.
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.
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
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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 June 5, 2013, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners Anderson, Black,
L'Heureux, Schumacher, Scully and Segall
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17 \b K S~c,M~
18 KERRY K. SIEKMANN, Chairphson
CARLSBAD PLANNING COMMISSION 19
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ATTEST:
DONNEU
24 City Planner
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