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HomeMy WebLinkAbout2013-07-17; Planning Commission; Resolution 6997 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, RECOMMENDING APPROVAL OF A MINOR REVIEW PERMIT RP 13-01 TO ALLOW FOR THE CONSTRUCTION OF A MIXED-USE BUILDING CONSISTING OF A 733 SQUARE FOOT ONE- FAMILY DWELLING UNIT ABOVE A 359 SQUARE FOOT OFFICE SPACE, A ONE-CAR GARAGE AND ONE COMPACT SIZED UNCOVERED PARKING SPACE ON A .08 ACRE LOT ON PROPERTY GENERALLY LOCATED AT 3147 ROOSEVELT STREET IN DISTRICT 5 OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: TRAM PROPERTY CASE NO.: RP 13-01 WHEREAS, Price Builders Inc., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Lien Tram, “Owner,” described as Lot 24, Block 32 of Town Carlsbad AMD, In the City of Carlsbad, State of California, as filed in the Office of the San Diego County Recorder as Map No. 775 (“the Property”); and WHEREAS, said verified application constitutes a request for a Minor Review Permit as shown on Exhibits “A” – “B” dated July 17, 2013, on file in the Planning Division, RP 13-01 – Tram Property as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on July 17, 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 Minor Review Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: PLANNING COMMISSION RESOLUTION NO. 6997 PC RESO NO. 6997 -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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of RP 13-01 – TRAM PROPERTY based on the following findings and subject to the following conditions: Findings: 1. 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 July 17, 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 residential and office use in an appropriate location (Land Use District 5 – Hispanic Mixed-Use Support Area) within the Village. This in turn serves to enhance and maintain the area as a mixed-use neighborhood and encourages greater residential support opportunities in the Village. It also increases the number of housing units within the Village. By providing more residential opportunities, the project helps to create a lively, 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 commercial and community uses. The project reinforces the pedestrian-orientation desired for the downtown area by providing the residents and employees an opportunity to walk to shopping, recreation, and mass transit functions. The project’s proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. Overall, the new residential unit and office space will enhance the Village as a place for living and working. 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 circulation has been designed in relationship to the land use and available parking. Public 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. 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 ($4,515 total). PC RESO NO. 6997 -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 2. That the project is consistent with the Village Review Zone and the Village Master Plan and Design Manual in that mixed-use development is a provisional use within Land Use District 5 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 the Village as a quality working and living environment by increasing the number and improving the condition and appearance of housing units and office space within the Village; and stimulates property improvements and new development in the Village by constructing a new building in a blighted area. 3. Although the project’s density (25 du/ac) exceeds the maximum density (23 du/ac), it is consistent with the General Plan and Village Master Plan in that the following findings can be made: a. That the project will provide sufficient additional public facilities for the density in excess of the maximum permitted to ensure that the adequacy of the City’s public facilities plans will not be adversely impacted in that there are existing public facilities within Local Facilities Management Zone 1 with sufficient capacity to accommodate the dwelling unit and the applicant will be required to pay a Public Facility fee as required by Council Policy No. 17. b. That there have been sufficient developments approved in the quadrant at densities below their Growth Management Control Points so the approval will not result in exceeding the quadrant limit in that properties in the Village do not use the Growth Management Control Point. Instead they include a minimum (18 du/ac) and maximum (23 du/ac) density range. Therefore, since there is one residential unit proposed for the project, which at 25 du/ac exceeds the maximum density (23 du/ac), one unit would be deducted from the City’s Excess Dwelling Unit Bank. There are available units in the Bank for the northwest quadrant to remove one unit. Additionally, per the latest Housing Element update, 828 housing units are allotted for the Village alone. c. That all necessary public facilities will be constructed, or are guaranteed to be constructed, concurrently with the need for them created by this development and in compliance with the adopted city standards in that there are existing public facilities within Local Facilities Management Zone 1 with sufficient capacity to accommodate the dwelling unit and the applicant will be required to pay a Public Facility fee as required by Council Policy No. 17. 4. 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, PC RESO NO. 6997 -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 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. 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. 6. 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. 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 Minor Review Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor 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. PC RESO NO. 6997 -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 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 Minor 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 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 the Planning Division a reproducible 24” x 36” mylar copy of the Site Plan or other 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 Unified 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 RP 13-02 and is subject to all conditions contained in Planning Commission Resolution No. 6998 for those other approvals 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. 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. PC RESO NO. 6997 -6- 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 14. 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 Minor Review Permit by Resolution No. 6997 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. 15. At issuance of building permits, the Developer shall pay to the City an inclusionary housing (in lieu) fee as an individual fee ($4,515) 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. Engineering: 16. 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 treatment practices or devices, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or 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. 17. 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. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: Fees: 18. Developer shall pay park-in-lieu fees to the City, prior to the approval of the building permit as required by Chapter 20.44 of the Carlsbad Municipal Code. 19. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. PC RESO NO. 6997 -7- 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 20. 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. . . . . . . General 21. 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. 22. 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. . . . . . . . . . . . . . . . . . . . . . Community & Economic Development 1635 Faraday Ave. Carlsbad, CA 92008 760-602-2710 760-602-8560 fax ERRATA SHEET FOR AGENDA ITEM #3 Memorandum July 17, 2013 To: Planning Commission From: Austin Silva, Assistant Planner Via Don Neu, City Planner Re: Errata Sheet for Agenda Item #3 – RP 13-01/RP 13-02 – TRAM PROPERTY Staff is recommending that the Planning Commission include the following revisions to Resolution No. 6997: Add the following condition: At issuance of building permits, the Developer shall pay to the City an inclusionary housing (in lieu) fee as an individual fee ($4,515) 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.