HomeMy WebLinkAbout2011-10-19; Planning Commission; Resolution 68311 PLANNING COMMISSION RESOLUTION NO. 6831
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN TO SATISFY THE INCLUSIONARY
4 HOUSING REQUIREMENTS FOR THE DOS COLINAS PROJECT
5 BY DESIGNATING 20 SENIOR INDEPENDENT LIVING UNITS
ON-SITE AS LOW INCOME INCLUSIONARY UNITS OR BY
6 PROVIDING 24 INCLUSIONARY UNITS OFFSITE WITHIN THE
NORTHEAST QUADRANT AT A LOCATION TO BE
7 DETERMINED. THE DOS COLINAS PROJECT SITE IS
GENERALLY LOCATED NORTH OF SUNNY CREEK ROAD,
SOUTH OF CANNON ROAD, EAST OF EL CAMINO REAL AND
9 WEST OF THE FUTURE EXTENSION OF COLLEGE
BOULEVARD REACH "A" IN LOCAL FACILITIES
10 MANAGEMENT ZONE 15.
CASE NAME: DOS COLINAS
11 CASE NO.: SDP 09-02
12 WHEREAS, West Living R/E, LLC, "Owner/Developer," has filed a verified
13
application with the City of Carlsbad regarding property described as
14
That portion of Lot "B" of Rancho Agua Hedionda in the
County of San Diego, State of California, According to Map
16 thereof No. 823, filed in the Office of the County Recorder of
San Diego County, November 16,1896
17
("the Property"); and18
19 WHEREAS, said verified application constitutes a request for a Site Development
20 Plan as shown on Exhibits "A" - "KK" (Architecture for Senior Development) dated October
21 19, 2011, on file in the Planning Department, DOS COLINAS - SDP 09-02 as provided by
22 Chapter 21.06 and Section 21.53.120 of the Carlsbad Municipal Code; and
23
WHEREAS, the Planning Commission did, on October 19, 2011 , hold a duly
24
noticed public hearing as prescribed by law to consider said request; and
26 WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
^° relating to the Site Development Plan.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2
Commission of the City of Carlsbad as follows:
3
A) That the foregoing recitations are true and correct.4
r B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES DOS COLINAS - SDP 09-02 based on the
6 following findings and subject to the following conditions:
7 Findings;
o 1. That the requested use is properly related to the site, surroundings and environmental
n 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
10 the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that based on the project's existing RLM (Residential Low-
11 Medium Density) General Plan Land Use designation, the City's Housing Policy
9 Team (March 17, 2011) determined that either a total of 20 on-site or 24 offsite
inclusionary housing units in the same quadrant (northeast) are required to be
13 provided in conjunction with the Dos Colinas project. With respect to the option to
locate 20 lower income inclusionary units on-site, the applicant proposes to restrict
14 20 of the independent living (IL) units as lower income senior inclusionary units
which will be rented at restricted affordable rates (i.e., 80% of the Area Median
15 Income). The units will be evenly dispersed throughout the three proposed IL
ig buildings, which meet the minimum code requirements. Further, the on-site
inclusionary units will not be physically discernable from the standard IL units.
17 Therefore, it will be compatible with the professional care facility use and will not
adversely impact the site surroundings or traffic circulation.
18
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project exceeds all setbacks and is consistent with the lot size and lot
20 coverage requirements. One modification has been requested to the covered
parking requirements for the independent living units. Specifically, while the
21 parking proposed for the independent living units satisfies the numerical parking
standard (i.e., 1.5 spaces/ unit and 1 guest space per every 5 units), only 21 percent
of the spaces are covered (i.e. 54-space underground parking garage for 166 units).
23 Staff has researched the parking requirements for similar projects in the
community and determined that the proposed number of covered parking spaces for
24 the independent living units is comparable. Pursuant to CMC Section 21.53.120(b),
less restrictive standards, including parking requirements, can be requested
25 provided the project is in conformity with the General Plan and adopted policies
?, and goals of the city and would have no detrimental effect on public health, safety
and welfare. As the project has been found to be consistent with the General Plan
27 and the proposed request to provide less covered parking would not affect the
public's health, safety or welfare, the proposed modification to the covered parking
28 standards for the independent living units can be supported.
PCRESONO. 6831 -2-
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
2 the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the independent living unit buildings in which the 20
3 low- income inclusionary units will be located exceed all setbacks and are consistent
with the lot size, and lot coverage requirements. As discussed in the Environmental
Impact Report prepared for the project (EIR 09-01), a sound wall is required
<- around the eastern perimeter of the development to mitigate the impacts associated
with noise generated by College Boulevard to a less than significant level. The
6 proposed wall will be decorative and screened with landscaping. In addition, open
space, 60-foot-wide fuel modification zones and a number of detention basins
1 provide a substantial buffer between the proposed project and the adjacent sensitive
habitat to the south (i.e. Agua Hedionda Creek riparian corridor). Landscaping is
proposed around the perimeter as well which will soften any impacts associated
9 with grading the pad for development.
10 4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that primary access to the professional care site,
which includes 20 low-income-restricted independent living units, will be provided
12 by two private signalized driveways located off of a new extension to College
Boulevard, which is more specifically referred to as College Boulevard Reach "A".
13 College Boulevard is a major arterial road with 102-foot right-of-way with a raised
median. As discussed in the EIR prepared for the Dos Colinas project (EIR 09-01),
14 the Average Daily Trips (ADTs) generated in association with the professional care
facility do not result in any significant capacity-related impacts to any road
segments or intersections.
16
5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
17 Facilities Management Plan for Zone 15 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
in and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
20 project will be installed to serve new development prior to or concurrent with need.
Specifically,
21
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.
23
b. The Local Facilities Management fee for Zone 15 is required by Carlsbad Municipal
24 Code Section 21.90.050 and will be collected prior to issuance of building permit.
25 6. The Planning Commission of the City of Carlsbad does hereby find:
^/:
a. it has reviewed, analyzed and considered the Final Environmental Impact Report,
27 EIR 09-01, for DOS COLINAS and the environmental impacts therein identified for
this project; the CEQA Findings; and the Mitigation Monitoring and Reporting
28 Program prior to RECOMMENDING APPROVAL of EIR 09-01;
PCRESONO. 6831 -3-
b. the Final Environmental Impact Report, the CEQA Findings, and the Program
2 have been prepared in accordance with requirements of the California Environmental
Quality Act, the State EIR Guidelines and the Environmental Review Procedures of
3 the City of Carlsbad;
c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
d. based on Final EIR 09-01 and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on the
environment.
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
10 degree of the exaction is in rough proportionality to the impact caused by the project.
11 Conditions:
17 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
the final map.
14 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
17 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
18 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.
20 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan documents, as necessary to make them
21 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.
23 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
24 regulations in effect at the time of building permit issuance.
25 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
27 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
28 all requirements of law.
PCRESONO. 6831 -4-
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
3 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,
(b) City's approval or issuance of any permit or action, whether discretionary or
c nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
6 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
7 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.8
9 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
10
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
12 format (including any applicable Coastal Commission approvals).
13 8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 15 Local Facilities Management Plan Amendment prior to the
14 issuance of building permits.
9. This approval is granted subject to the certification, adoption, and approval of the
16 Environmental Impact Report EIR 09-01, Mitigation Monitoring and Reporting
Program, GPA 09-02, ZC 09-02, LFMP 15(E), RMHP 96-01(D), CUP 09-02, HMP
17 09-02, and SUP 09-02 and is subject to all conditions contained in Planning Commission
Resolutions No. 6825, 6826, 6827, 6828, 6829, 6830, 6832, 6833, and 6834 for those
other approvals incorporated herein by reference and the approval letter for MS 09-04
19 signed by the City of Carlsbad City Engineer.
20 10. Developer shall implement, or cause the implementation of the DOS COLINAS EIR 09-
01 Mitigation Monitoring and Reporting Program.
22 11. This approval shall become null and void if building permits are not issued for this
project within eight (8) years of project approval.
23
12. Building permits will not be issued for this project unless the local agency providing
24 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
26 facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Parcel Map.
27
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
PCRESONO. 6831 -5-
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
2 Local Facilities Management Plan fee for Zone 15, 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
3 approval will not be consistent with the General Plan and shall become void.
4 14. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
c 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 Planning
6 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a(n) Environmental Impact Report, General Plan Amendment,
7 Zone Change, Local Facilities Management Plan Amendment, Residential Mobile
Home Park Permit Amendment, Conditional Use Permit, Site Development Plan,
Hillside Development Permit, Habitat Management Plan Permit and Special Use
9 Permit by Resolution(s) Nos. 6825, 6826, 6827, 6828, 6829, 6830, 6831, 6832, 6833,
and 6834 on the property. Said Notice of Restriction shall note the property description,
10 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 Planning Director has the authority to execute and record an amendment to the notice
12 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
13
15. Prior to the recordation of Phase 2 of MS 09-04, the Developer shall enter into an
14 Affordable Housing Agreement with the City to provide and deed restrict 20 senior
1 <- independent living units on-site or 24 inclusionary units offsite as affordable to lower-
income households at 80% of the Area Median Income for 55 years, in accordance with
16 the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code.
The draft Affordable Housing Agreement shall be submitted to the Planning Director no
17 later than 60 days prior to the request to final the Parcel Map. The recorded Affordable
Housing Agreement shall be binding on all future owners and successors in interest.18
19 16. If the Developer pursues the option to satisfy the inclusionary housing requirement offsite
(i.e. 24 units), the Developer shall construct the required inclusionary units concurrent
20 with the development of the continuing care retirement community, unless both the final
decision-making authority of the City and the Developer agree within an Affordable
21 Housing Agreement to an alternate schedule for development.
22 Code Reminders:
23
Fees
24
17. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as
required by Council Policy No. 17.
26 18. Prior to the issuance of a building permit, Developer shall pay the Local Facilities
27 Management fee for Zone 15 as required by Carlsbad Municipal Code Section 21.90.050.
78 19. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
PCRESONO. 6831 -6-
General
2
20. Approval of this request shall not excuse compliance with all applicable sections of the
3 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.4
, 21. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
6
22. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
7 Code Section 18.04.320.
Q
23. Any signs proposed for this development shall at a minimum be designed in conformance
9 with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
10
NOTICE
12 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."
14 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
[ 5 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
16 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.
18 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
19 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
20 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.
22"
23
24
25
26
27
28
PCRESONO. 6831 -7-
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
2
Commission of the City of Carlsbad, California, held on October 19, 2011, by the following
3
vote, to wit:
4 "
e AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
Schumacher, Scully and Siekmann
6
NOES:
7
ABSENT:8
9 ABSTAIN:
10
11
12 STEPHEN "HAP" L'HEUREUX, Chairperson
13 CARLSBAD PLANNING COMMISSION
14
ATTEST:
16
17 DONNEU
Planning Director18
19
20
21
22
23
24
25
26
27
28
PCRESONO. 6831 -8-