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