HomeMy WebLinkAbout2014-12-17; Planning Commission; Resolution 7077
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
REVIEW PERMIT RP 14-10 TO ALLOW FOR THE DEMOLITION OF A SINGLE-
FAMILY RESIDENCE AND THE CONSTRUCTION OF A FIVE-UNIT
CONDOMINIUM DEVELOPMENT PROJECT ON PROPERTY GENERALLY
LOCATED 735 LAGUNA DRIVE IN LAND USE DISTRICT 8 OF THE VILLAGE
REVIEW ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: LAGUNA BREEZE CONDOMINIUMS
CASE NO.: RP 14-10
WHEREAS, Zephyr Partners, “Developer,” has filed a verified application with the City of
Carlsbad regarding property owned by Cheryl Lou Zavalani, “Owner,” described as
Lot 1 of Carlsbad Tract Ct 06-01 (Laguna Breeze Condominiums),
according to map thereof No. 15818, filed on March 15, 2011 in the
Records of San Diego County, California (“Map”)
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Major Review Permit as
shown on Exhibits “A” – “N” dated December 17, 2014, on file in the Planning Division, LAGUNA BREEZE
– RP 14-10 as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on December 17, 2014 , 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 Major Review 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
RECOMMENDS APPROVAL of LAGUNA BREEZE CONDOMINIUMS – RP 14-10 based on
the following findings and subject to the following conditions:
. . .
. . .
PLANNING COMMISSION RESOLUTION NO. 7077
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Findings:
1. The Planning Commission finds that the project, as conditioned herein, is on conformance with
the Elements of the City’s General Plan, based on the facts set forth in the staff report dated
December 17, 2014 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 multi-family residential condominium use in an
appropriate location (Residential Support Land Use District No. 8) within the Village. This
in turn serves to enhance and maintain the area as a residential neighborhood and
encourages greater residential support opportunities in the Village. It also increases the
number of and improves the condition and appearance 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 new residents an opportunity to walk to shopping,
recreation, and mass transit functions. The projects proximity to existing bus routes and
mass transit will help to further the goal of providing new economic development near
transportation corridors. Furthermore, the project will provide a strong street presence
with extensive architectural relief, landscaping and visually subordinate parking. Overall,
the new residential units will enhance the Village as a place for living.
b. The existing streets can accommodate the estimated 40 ADT’s 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 pedestrian spaces and circulation have 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 (2,090 square feet) and the City’s Landscape Manual
in that it provides 3,293 square feet of landscaped open space.
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 ($22,575 total) prior to the issuance of
building permits.
2. That the project is consistent with the Village Review Zone and the Village Master Plan and Design
Manual in that a multi-family residential condominium project is a permitted use within Land
Use District 8 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 Carlsbad Village
as a quality shopping, working and living environment by increasing the number and improving
the condition and appearance of housing units within the Village; and stimulates property
improvements and new development in the Village by constructing new residential buildings in
a blighted area; and improves the physical appearance of the Village by developing an
underutilized lot with an attractive residential building.
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3. That the Planning Commission finds that the project, as conditioned herein and with the findings
noted below to grant the standards modification for a an interior side yard setback is consistent
with the goals and objectives set forth within the Village Master Plan and Design Manual based
on the facts set forth in the staff report dated December 17, 2014 including but not limited to the
following:
Goal 1: Establish Carlsbad Village as a Quality Shopping, Working and Living Environment.
The proposed project will result in the development of new condominium units where residents
will be located within close proximity of District 1, the retail and commercial core of the Village
Area. The new residences will increase the number, quality and diversity of housing units within
the Village, particularly those in proximity to transit, shopping and employment for those
people seeking to reside in the downtown area. The attractive architectural design will serve
to enhance the site and the surrounding area.
Goal 2: Improve the Pedestrian and Vehicular Circulation in the Village Area.
The project will provide a new sidewalk along Madison Street and Laguna Drive improving
pedestrian circulation in the area. Additionally, the proposed project will be in close proximity
to both bus and rail mass transit options and will thus encourage and promote the use of mass
transit.
Goal 3: Stimulate Property Improvements and New Development in the Village.
The Master Plan and Design Manual was developed in an effort to stimulate new development
and/or improvements to existing buildings in the Village. The intent is that new development
or rehabilitation of existing facilities will then stimulate other property improvements and
additional new development. One of the objectives of this goal is to increase the intensity of
development within the Village. The proposed project will assist in the continued effort to
improve the Village Area by developing an underutilized lot in the Residential Support Area
(Land Use District 8) of the Village providing an appropriate intensity of residential development
that is desired. Staff sees the development of the underutilized property as a catalyst for future
redevelopment along both Laguna Drive and Madison Street.
Goal 4: Improve the Physical Appearance of the Village Area.
The project has a design that is visually appealing and sensitive to surrounding development
within the area. The architecture of the new structure meets the requirements of the design
guidelines for the Village. The new structure is three stories, and is stepped back from the
property lines, which reduces the impact the building has on the surrounding neighborhood.
Therefore, construction of the proposed project will reinforce the Village character with
appropriate site planning and architectural design and materials that comply with City
standards and requirements.
4. That 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,
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a. The Public Facility fee is required to be paid by City 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. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
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.
7. 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.
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 Major Review Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Major 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.
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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 Major 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 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.
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 shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
11. 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.
12. 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.
13. Prior to the issuance of the building permits, 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 Major Review
Permit by Resolution No. 7077 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
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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.
14. At issuance of building permits, or prior to the approval of a final map and/or issuance of
certificate of compliance for the conversion of existing apartments to air-space condominiums,
the Developer shall pay to the City an inclusionary housing (in lieu/impact) fee as an individual fee
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.
15. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project’s building,
improvement, and grading plans.
17. Developer shall establish a homeowner's association and corresponding covenants, conditions
and restrictions (CC&Rs). 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 Division 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.
18. 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.
19. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
. . .
. . .
. . .
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Engineering
General
20. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the proposed
haul route.
21. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
22. Developer shall submit to the city engineer an acceptable instrument, via CC&R’s and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private access isles, sidewalks,
landscaping, enhanced paving, water quality treatment measures, low impact development
features and storm drain facilities located therein and to distribute the costs of such maintenance
in an equitable manner among the owners of the properties within this subdivision.
23. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. These corridors shall be reflected on the grading
and on the landscape and irrigation plans. The property owner shall maintain this condition.
Fees/Agreements
24. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city’s standard form Geologic Failure Hold Harmless Agreement.
25. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
26. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation, a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
Grading
27. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a grading permit for this project is required. Developer shall revise and submit grading plan DWG
455-3A and technical studies/reports for city engineer review, post security and pay all applicable
grading plan review and permit fees per the city’s latest fee schedule.
28. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California
Regional Water Quality Control Board, new storm water requirements become effective near the
end of 2015, and likely affect the design of this project. Prior to construction, Developer shall
demonstrate compliance with latest storm water requirements to the satisfaction of the city
engineer.
. . .
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29. 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.
30. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a
Notice of Intent from the State Water Resources Control Board.
31. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall
submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER
3 SWPPP shall comply with current requirements and provisions established by the San Diego
Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall
identify and incorporate measures to reduce storm water pollutant runoff during construction of
the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan
review and inspection fees per the city’s latest fee schedule.
32. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare
and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to
demonstrate how this project meets new/current storm water treatment requirements per the
city’s Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new
treatment control BMP selection criteria in the SUSMP, the developer shall use low impact
development (site design) approaches to ensure that runoff from impervious areas (roofs,
pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer
shall pay all applicable SWMP plan review and inspection fees per the city’s latest fee schedule.
33. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, treatment control
BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities.
Dedications/Improvements
34. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction
of the city engineer. All private drainage systems (12” diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection
fees for private drainage systems.
35. Developer shall revise and process public improvement plans DWG 455-3 and, prior to city
engineer approval of said plans, shall execute a city standard Development Improvement
Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the site plan. Said improvements shall be installed to city standards to
the satisfaction of the city engineer. These improvements include, but are not limited to:
A. Half-street improvements to Madison Street as shown on the site plan.
B. Stripe the intersection of Madison Street and Laguna Drive to create a right angle
intersection to the satisfaction of the City Engineer
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Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
36. Developer shall coordinate with the City of Carlsbad Streets Department and comply with the City
tree policy regarding any removals of trees within public right-of-way.
37. Prior to issuance of building permits, developer shall install separate sewer services to each unit
proposed by this site plan. Sewer services shall be provided to the satisfaction of the city
engineer.
Utilities
38. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
39. Developer shall design and construct public facilities, if any, within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion
of the district or city engineer, wider easements may be required for adequate maintenance,
access and/or joint utility purposes.
40. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
41. Developer shall install potable water services and meters at locations approved by the district
engineer. The locations of said services shall be reflected on public improvement plans.
42. The developer shall install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
43. The developer shall provide separate potable water services and meters for each separately
owned unit within this subdivision and an additional water service and meter for irrigation
purposes.
Standard Code Reminders
44. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
45. 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.
46. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
47. 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.