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HomeMy WebLinkAbout2013-08-07; Planning Commission; Resolution 7005 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 CONDITIONAL USE PERMIT CUP 190(C) TO RESCIND CONDITIONAL USE PERMIT CUP 190(B) AND APPROVING SITE DEVELOPMENT PLAN SDP 12-06 AND PLANNED DEVELOPMENT PERMIT PUD 13-01 TO ALLOW FOR THE EXISTING 24 APARTMENT UNITS TO REMAIN ONSITE AND BE MADE AVAILABLE TO THE GENERAL PUBLIC ON PROPERTY GENERALLY LOCATED AT 1400 FLAMETREE LANE IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: COTTAGE ROW APARTMENTS CASE NO.: SDP 12-06/PUD 13-01/CUP 190(C) WHEREAS, Cottage Row Carlsbad, LLC, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as All that portion of Description No. 4 of Map 5715 filed December 19, 1960, being a portion of Map 823 filed November 11, 1896 (“the Property”); and WHEREAS, on June 20, 2007, the Planning Commission approved, CUP 190(B) SUDAN INTERIOR MISSION, as described and conditioned in Planning Commission Resolution No. 6314; and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment to approve Conditional Use Permit CUP 190(C) – COTTAGE ROW APARTMENTS to revoke CUP 190(B) as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, said verified application constitutes a request for a Site Development Plan and Planned Development Permit as shown on Exhibits “A – C” dated August 7, 2013, on file in the Planning Division, SDP 12-06/PUD 13-01/CUP 190(C) – COTTAGE ROW APARTMENTS as provided by Chapter 21.06 and Chapter 21.45 of the Carlsbad Municipal Code; and PLANNING COMMISSION RESOLUTION NO. 7005 PC RESO NO. 7005 -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 WHEREAS, the Planning Commission did, on August 7, 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 Conditional Use Permit Amendment, the Site Development Plan and 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 Planning Commission APPROVES SDP 12-06/PUD 13-01/CUP 190(C) – COTTAGE ROW APARTMENTS based on the following findings and subject to the following conditions: Findings: Site Development Plan 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, 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 circulation, in that the site is developed as a residential project, other than single family, at a density within the range allowed by the Residential Low Medium (RLM) density land use designation with undeveloped slopes identified as containing Coastal Sage Scrub habitat pursuant to the Carlsbad Habitat Management Plan. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that all existing buildings and other site improvements, including the addition of a carport do not require a variance to development standards nor will they visually encroach onto adjoining properties. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project includes the addition of a carport which meets and exceeds all setback requirements of the R-1 zone and no other physical changes are proposed to the existing development which was approved and constructed in accordance with the R-1 development standards. PC RESO NO. 7005 -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 street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that approval of the project will not increase ADT and therefore the street system will continue to adequately handle project traffic. Planned Development Permit 5. 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 the Planned Development Permit is required to approve a land use other than one-family within an R-1 zone as otherwise required by Section II.C.1.b. of the Land Use Element of the General Plan. 6. 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 the allowance of a land use other than one-family through adoption of a Planned Development Permit will not affect the adjacent land uses since the use exists and will not be intensified or allow an otherwise incompatible land use on the site since the approval of the Planned Development Permit will not increase ADT and therefore the street system will continue to adequately handle project traffic. 7. The project will not adversely affect the public health, safety, or general welfare and the project’s design, including architecture, streets, and site layout contributes to the community’s overall aesthetic quality; includes the use of harmonious materials and colors, and the appropriate use of landscaping; and, achieves continuity among all elements of the project in that the approval of a Planned Development Permit to allow the existing development to remain has no physical effect on the subject property and can therefore not have an adverse effect on the general public. Conditional Use Permit 8. That the use for which such approval was granted is not being exercised and is therefore no longer necessary or desirable for the development of the community. 9. Rescission of the Conditional Use Permit is not detrimental to existing uses or to uses specifically permitted in the zone in which the existing use is located. 10. That the site of the use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner, Planning Commission or City Council, according to its original approval and will not be affected by rescission of the Conditional Use Permit as it relates to integration with other uses in the neighborhood. 11. That the street system serving the existing use is adequate to properly handle all traffic generated by the existing use, and that rescission of the Conditional Use Permit will not affect street system capacity. PC RESO NO. 7005 -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 General 12. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 20 and all City public facility policies and ordinances. The project was developed with elements or was 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 would be installed to serve new development prior to or concurrent with need and that no new or expanded facilities are required as result of this project. 13. 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 August 7, 2013 in that the existing residential development is at a density within the range established by the Residential Low Medium land use designation and that the existing “other” land use is allowed by Section II.C.1.b. of the Land Use Element of the General Plan. 14. That the City Planner has determined that that it can be seen with certainty that there is no possibility the project may have a significant effect on the environment in that the project does not include the physical disturbance of land nor does it include the intensification of the existing onsite land uses and is therefore exempt from the provisions of CEQA, pursuant to the General Rule [CEQA Guidelines 15061(b)(3)]. 15. 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 the issuance of a building permit. Planning 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 Site Development Plan/Planned Development Permit/Conditional Use Permit. PC RESO NO. 7005 -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 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan/Planned Development Permit/Conditional Use 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 Site Development Plan/Planned Development Permit/Conditional Use 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 City Planner a reproducible 24” x 36” mylar copy of the Site Plan Exhibits “A – C” dated August 7, 2013 reflecting the conditions approved by the final decision-making body. 7. Owner 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 Site Development Plan/Planned Development Permit/Conditional Use Permit by Resolution No. 7005 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. PC RESO NO. 7005 -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 8. Concurrently with the recording of the notice of restriction related to CUP 190(C), the City Planner shall record a notice terminating the notice of restriction required in conjunction with the approval of CUP 190(B). Engineering: 9. Property owner shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the city’s SUSMP. Property owner shall provide improvements constructed pursuant to best management practices as reinforced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge into sensitive areas. Improvements shall include installing a storm drain inlet filter in the drain inlet on Sweetbriar Circle to the satisfaction of the City Engineer. Property owner shall notify prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. c. Best management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 10. Owner shall process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post construction permanent Best Management Practices. 11. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. 12. 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 control practices or devices, erosion control to prevent silt runoff during construction, 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. 13. 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 PC RESO NO. 7005 -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 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. 14. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city’s Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. 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 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. . . . . . . . . . . . . 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 PAS SED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on August 7, 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Siekmann, Commissioner Anderson, Commissioner Black, Commissioner L'Heureux, Commissioner Schumacher, Commissioner Scully and Commissioner Segall ~ !<. s~~ KERRY K. SIEKMANN, Chairperson. CARLSBAD PLANNING COMMISSION ATTEST: ~LL DONNEU 17 City Planner 18 19 20 21 22 23 24 25 26 27 PC RESO NO. 7005 -8- 28