HomeMy WebLinkAbout2016-01-06; Planning Commission; Resolution 7134
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING PLANNED DEVELOPMENT PERMIT
AMENDMENT PUD 13-11(A) TO REVISE THE ARCHITECTURAL STYLE OF
AN EIGHT UNIT MULTI-FAMILY RESIDENTIAL CONDOMINIUM PROJECT
TO CONTEMPORARY WITH ROOF DECKS ON A 0.39 ACRE INFILL SITE
GENERALLY LOCATED ALONG THE SOUTH SIDE OF GIBRALTAR STREET
AND WEST OF JEREZ COURT IN LOCAL FACILITIES MANAGEMENT ZONE
6.
CASE NAME: LA COSTA VILLAS
CASE NO.: PUD 13-11(A)
WHEREAS, MBM Development, LLC., “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 401 of La Costa South Unit 5, in the City of Carlsbad, County of San
Diego, State of California, according to map thereof No. 6600, filed in
the office of the County Recorder of San Diego County, March 10, 1970
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Development Permit amendment
as shown on Exhibits “A” – “L” dated January 6, 2016, on file in the Planning Division, PUD 13-11(A) – LA
COSTA VILLAS, as provided by Chapter 21.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 21, 2014, hold a duly noticed public
hearing as prescribed by law to consider Planned Development Permit PUD 13-11 and approved PUD
13-11 with conditions pursuant to Planning Commission resolution No. 7052; and
WHEREAS, the Planning Commission did, on November 18, 2015, hold a duly noticed
public hearing as prescribed by law to consider said request and directed the applicant to make
changes to the project design; and
WHEREAS, the Planning Commission did, on January 6, 2016, 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 persons desiring to be heard, said Commission considered all factors relating to the
Planned Development Permit amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
PLANNING COMMISSION RESOLUTION NO. 7134
PC RESO NO. 7134 -2-
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
PUD 13-11(A) – LA COSTA VILLAS, based on the following findings and subject to the
following conditions:
Findings:
Planned Development Permit amendment
1. 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 project density of 20.51 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 21.24 and 21.45 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 two
separate, 3-story buildings containing eight residential units are compatible with surrounding
multi-family residential uses, and no negative circulation impacts will result as the existing
roadway (Gibraltar Street) is adequate to accommodate the traffic (64 ADT) 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.
4. The project’s design, including architecture, private driveway, 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 8 residential condominium units are located within two separate
buildings with a private 24 foot wide common driveway located off of Gibraltar Street. The
three story residential buildings include attached two car garages for each of the units. The
architectural style for the project is contemporary. The building materials include smooth
cement plaster, split face block, steel cable deck railing, poplar wood siding, painted
galvanized metal, and aluminum composite awnings. The contemporary style includes roof
decks accessed from within each of the units. The project site layout includes a private
driveway, offsite guest parking spaces, accessibility ramp and path of travel for pedestrian
circulation within the site, and rich landscaping with a variety of trees and plant materials will
be provided throughout the site to enhance the visual appearance of the units and to create a
sense of privacy for the residents. All elements (i.e. site layout, architecture, landscaping)
create continuity in the overall project design.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit,
building permit or recordation of final map, whichever comes first; or pursuant to an approved
construction schedule at the discretion of the appropriate division manager or official.
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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 amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Planned Development Permit amendment 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 Planned Development Permit amendment,
(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. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Encinitas Union and San Dieguito Union High School Districts that this project
has satisfied its obligation to provide school facilities.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
8. 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.
9. Approval is granted for PUD 13-11(A) as shown on Exhibits “A” – “L” dated January 6, 2016, on
file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
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10. This approval is subject to all conditions contained in Planning Commission Resolution No. 7052.
11. Subject to the approval of the City Planner text shall be incorporated into the project CC&Rs
that 1) prohibit use of the rooftop decks after 10:00 P.M. and 2) require that all exterior
lighting used on and around the rooftop decks shall be shielded and provide only downward
light that will not spill onto adjacent properties.
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 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.
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ERRATA SHEET FOR AGENDA ITEM# 3
Memorandum
November 18, 2015
To: Planning Commission
From: Christer Westman, Senior Planner
Via Don Neu, City Planner
( Cicyof
Carlsbad
Re: Errata Sheet for Agenda Item# 3 PUD 13-ll(A}-LA COSTA VILLAS
Staff is recommending that the Planning Commission include the following as a new condition
to Planning Commission Resolution No. 7134:
Prior to authorization to construct the proposed revisions, as determined by the Building
Official, the roof structures that exceed the 35 foot building height limit, specifically for the
housing of the stairway, forced air unit, and associated ventilation ducts required to operate
and maintain the building, shall be re-designed to the satisfaction of the City Planner to be no
taller than the minimum height required to accommodate and enclose the required building
elements.
Community & Economic Development
Planning Division
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax