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HomeMy WebLinkAbout2005-01-05; Planning Commission; ; GPA 04-14/ZC 04-09/CT 04-05/CP 04-01/- VISTA LA COSTAQe City of Carlsbad Pl~g DepartmenO A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: January 5, 2005 ItemNo.@ Application complete date: September 15, 2004 Project Planner: Saima Qureshy Project Engineer: John Maashoff SUBJECT: GPA 04-14/ZC 04-09/CT 04-05/CP 04-01 -VISTA LA COSTA-Request for approval of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, General Plan Amendment, Zone Change, Tentative Tract Map, and Condominium Permit to develop a 15-unit residential condominium project on a 0.88 acre site generally located on the north side of Gibraltar Street, south of the La Costa Golf Course, between Jerez Court and Romeria Street, within Local Facilities Management Zone 6. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5812 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 5813, 5814, 5815, and 5816 RECOMMENDING APPROVAL of General Plan Amendment GPA 04-14 and Zone Change ZC 04-09 and APPROVING Tentative Tract Map CT 04-05 and Condominium Permit CP 04-01 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant is proposing to develop a previously graded vacant site totaling 0.88 acres with a 15-unit air space condominium project located on the north side of Gibraltar Street, south of the La Costa Golf Course between Jerez Court and Romeria Street. The development of the proposed condominium project requires the processing and approval of a General Plan Amendment (GPA), Zone Change (ZC), Tentative Tract Map {CT) and Condominium Permit (CP). The project proposes a density of 17 dwelling units per acre which is slightly below the Growth Management Control Point density of 19 dwelling units per acre for the Residential High (RH) General Plan designation (15-23 du/ac) for the subject site. The project as designed and conditioned is in compliance with all City standards including the General Plan, Subdivision Ordinance, Planned Development Ordinance, and Residential Density-Multiple (RD-M) zoning regulations of the Carlsbad Municipal Code (CMC). The project will not have a significant effect on the environment and a Mitigated Negative Declaration has been prepared for the project. The project conforms to all applicable standards, there are no outstanding project issues, and all necessary findings can be made for the approval being requested. City Council action is required on the proposed General Plan Amendment and Zone Change. GPA 04-14/ZC 04-09/CT A5/CP 04-0l-VISTA LA COSTA 0 January 5, 2005 Pa e2 III. PROJECT DESCRIPTION AND BACKGROUND The subject site is 0.88 acres in size and is located on the north side of Gibraltar Street, south of the La Costa Golf Course between Jerez Court and Romeria Street. The site was previously graded into two stepped pads which overlook the La Costa Golf Course, which is approximately 13 feet below the subject site. The project site is comprised of three existing parcels, two of which form a rectangle, and their General Plan designation is Residential High Density (RH) with a corresponding Zoning designation of Residential Multiple (RD-M). The third parcel is triangular in shape and extends out from the northeastern comer. The existing General Plan designation of this parcel is Open Space (OS) and it is Zoned Planned Community (P-C). The applicant is requesting to change the General Plan and Zoning designations of the triangular parcel to RH and RD-M, respectively, to be consistent with the rest of the site. General Plan Amendment and Zone Change: The triangular parcel was originally a part of the Golf Course property, and was mapped within the floodplain of San Marcos Creek. The designation of this parcel as open space was based on these assumptions. However, the triangular parcel is at a higher elevation, was graded as part of the upland lots, not the Golf Course, and subsequent, more accurate mapping, has shown that this property is clearly well above and outside of the floodplain. The project site topography includes level development pads over the three existing parcels, with a slope bank along the northerly edge of the property. The project site has been graded into pads adjacent to Gibraltar Street, presumably when the surrounding areas were originally developed and the street system constructed. Physically, the triangular parcel is indistinguishable from the adjacent property. The La Costa Master Plan and the 1982 zoning map show a zoning boundary that parallels Gibraltar Street. The zoning boundary abuts the floodplain designation and also encompasses the PC zoning of the golf course, which seems to indicate that the triangular parcel was thought to be included in the floodplain and the golf course. A Boundary Adjustment was completed and a Certificate of Compliance was approved in 1984 which associated this property with the adjacent residential parcels, presumably because of its location approximately 13 feet higher than the surrounding property, and its non-use by the golf course. In June 1984, the triangular parcel was sold by the La Costa Hotel and Spa to a private development company. Since that time, the entire 0.88 acres has been transferred between several subsequent owners as a single piece of property. On subsequent General Plan and Zoning maps, it appears that the original boundaries based on the old floodplain and golf course lines were repeated, rather than adjusted to reflect the field conditions of the property, the association with adjacent parcels, or the Certificate of Compliance. Based on the history of this parcel, the open space boundary clearly was intended to follow the golf course limits and any associated floodplain areas. Since the property is not part of the golf course, and the entire site was graded into development pads accessible from Gibraltar Street, this application is proposing to amend the General Plan and Zoning designations to place the RH GPA 04-14/ZC 04-09/CT ol5/CP 04-01-VISTA LA COSTA 0 January 5, 2005 Page3 and RD-M designations over the entire property. The proposed amendments create consistency across the project site and are compatible with the surrounding neighborhood. Grading: The proposed project will combine the three existing parcels into one underlying lot, and the proposed 15 airspace condominium units will be built on it. In the Geotechnical Evaluation dated January 13, 2004, by GeoSoils, Inc. it was found that a large portion of the previously graded site contains undocumented fill which must be removed and replaced across the site for a depth of 10 to 20 feet. Upon replacement of re-compacted soil, the site will be graded to maintain its existing topography and will consist of two large stepped pads, vertically offset by 4.5 feet. The two underground parking garages, located beneath each building, will also be constructed to follow the existing grade of the site. There will be approximately 32,600 cubic yards of remedial grading on the site. Standard grading will involve 4,320 cubic yards of cut and 600 cubic yards of fill, with a net export of 3,720 cubic yards. The existing slope along the northerly boundary was constructed at a 1.5: 1 grade. This slope is proposed to be re-graded both onsite and offsite to a more standard 2:1 grade for slope stability and revegetation. Proposed Project: There are two 3-story buildings proposed, each containing its own combination of three unit types. Building 1 is the larger of the two, containing nine units and all three floor plans. It does not exceed 35 feet in height on any elevation. Building 2 contains six units, all of which offer the floor plan "B" configuration. The building height to the roof peak is also a maximum of 35 feet. There are two chimney towers and an elevator shaft that extend higher, to a maximum of 42.67 feet. The three floor plan types range from 1,536 square feet to 1,672 square feet, and are comprised of two and three bedroom units. Each unit can be accessed from two stairwells or an elevator, all of which descend to the parking garage on the basement level. In addition, all floor plans have been designed to be handicapped accessible. All ground level units provide private patios accessible from the living room or the master bedroom suite. All second and third story units provide private balconies accessible from the living room or the master bedroom suite. All units contain enclosed, secure storage areas in front of their two designated parking spaces on the basement level. The storage closets range from 457 cubic feet to 572 cubic feet. Floor Plan "A" comprises 20% of the unit mix, and is offered on all three floors of Building 1. It is the middle unit, totaling 1,536 square feet with three bedrooms and two bathrooms. Floor Plan "B" comprises almost half of the unit mix, and is offered in one unit on the ground floor of Building 1 and all six units in Building 2. It totals 1,570 square feet, and has three bedrooms and three bathrooms. Floor Plan "C" is provided in five units located on all three floors of Building 1. It is an end unit, totaling 1,672 square feet, and has three bedrooms and three bathrooms. GPA 04-14IZC 04-09ICT ol5ICP 04-01-VISTA LA COSTA 0 January 5, 2005 Page4 ro1 )OSe oor P dFl Pl ans Floor Plan Area (sq. ft.) No.BR/BA No. of Units % of Total Bldgl Bldg2 A 1,536 312 3 NIA 20.0% B 1,570 313 1 6 46.7% C 1,672 313 5 NIA 33.3% Total 15 100% Access and Parking: A 24-foot wide private driveway provides access to the site from Gibraltar Street. There are two separate subterranean parking garages proposed to be located beneath each building. Each parking garage contains two parking spaces for every unit located in the building above it. Access to each garage is provided by two stairways or an elevator, which also provides access to each of the residential levels. There are seven visitor parking spaces provided in a surface lot at the southeast comer of the site. A series of sidewalks and accessible pathways provide pedestrian circulation throughout the site. They will be designated with enhanced paving in locations where they cross over the private driveway. Architecture: The architectural theme for this project is Spanish Colonial Revival. It utilizes classic elements and design features. The design uses a variety of exterior doors, small accent windows, exposed rafters, support columns, decorative chimneys, and towers around the two elevator shafts. A notable feature is the elevated porches spanning the length of each building, framed by arched facades that tie in with the roofs, creating a central courtyard along each front elevation. Planters containing tall ornamental trees are proposed to be placed between the exterior porches and the front building walls for added privacy within each unit. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. General Plan RH (Residential High Density) designation; B. RD-M Zone (Residential Density-Multiple) and Planned Development regulations (Chapters 21.24 and 21.45 respectively of the Carlsbad Municipal Code); C. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); D. Inclusionary Housing Ordinance (Chapters 21.85 & 21.53 of the Carlsbad Municipal Code); and E. Growth Management Regulations (Chapter 21.90 of the Carlsbad Municipal Code). The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. GPA 04-14/ZC 04-09/CT 095/CP 04-01-VISTA LA COSTA 0 January 5, 2005 Pae 5 A. General Plan The proposed project is consistent with the policies and programs of the General Plan. The property has a General Plan designation of RH which allows the development of multi-family residential units at a density of 15-23 dwelling units per acre with a growth control point of 19.0 dwelling units per acre. The proposed density of the project, at 17 dwelling units per acre, is within the density range of the RH designation, but below the growth management control point (19 du/ac) used for the purpose of calculating the City's compliance with Government Code Section 65584. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units, which were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects, are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the regional housing need. The project proposes 15 condominium units being developed on a 0.88 acre lot. The project complies with all the elements of the General Plan as outlined in Table 1 below: Table 1 -GENERAL PLAN COMPLIANCE USE, CLASSIFICATION, PROPOSED USES & COMPLY ELEMENT GOAL OBJECTIVE OR IMPROVEMENTS PROGRAM Land Use Site is designated for 15 Multi-family residential Yes Residential-High (15-23 du/acre) units at 17 du/ac. w/ growth management control point of 19.0 du/ac. Housing 15% inclusionary housing Project will purchase 3 Yes requirement per Objective 3.6. off-site affordable unit credits within the Villa Loma Project. Public Safety Provide project review that Project improvements will Yes allows consideration of seismic not significantly impact or and geologic hazards. be impacted by geologic or seismic conditions with the implementation of mitigation measures stated in the project's geology report. Noise Residential interior noise The project is located on a Yes standards of 45 dBA CNEL. local street and is not Exterior noise level of 60 dB (A) located within the noise CNEL in private open space impact area of the airport. areas. 0 0 GPA 04-14/ZC 04-09/CT 04-05/CP 04-01-VISTA LA COSTA January 5, 2005 Page 6 Table 1 -GENERAL PLAN COMPLIANCE USE, CLASSIFICATION, PROPOSED USES & COMPLY ELEMENT GOAL OBJECTIVE OR IMPROVEMENTS PROGRAM Open Space Minimize environmental impacts The project site is a & to sensitive resources within the previously graded site. No Conservation City. impacts assessed. Yes Utilize Best Management The project will conform Practices for control of storm to allNPDES water and to protect water requirements. quality. Circulation Requires new development to All public facilities Yes construct improvements needed including curb, gutter and to serve proposed development. sidewalk will be constructed along the property frontage. Proposed Amendment to the General Plan: The project site is comprised of three existing parcels, two of which form a rectangle, and their General Plan designation is Residential High Density (RH) with a corresponding Zoning designation of Residential Multiple (RD-M). The third parcel is triangular in shape and extends out from the northeastern comer. The existing General Plan designation of this parcel is Open Space (OS) and it is Zoned Planned Community (P-C). The applicant is requesting to change the General Plan and Zoning designations of the triangular parcel to RH and RD-M, respectively, to be consistent with the rest of the site. The triangular parcel was originally a part of the La Costa Golf Course property, and was mapped within the floodplain of San Marcos Creek. The designation of this parcel as open space was apparently based on these assumptions. However, the triangular parcel is at a higher elevation, graded as part of the upland lots, not the golf course, and subsequent, more accurate mapping, has shown that this property is clearly well above and outside of the floodplain. The La Costa Master Plan and the 1982 Zoning map show a zoning boundary that parallels Gibraltar Street. The zoning boundary abuts the floodplain designation and also encompasses the PC zoning of the golf course, which seems to indicate that the triangular parcel was thought to be included in the floodplain and the golf course. A Boundary Adjustment was completed and a Certificate of Compliance was approved in 1984 which associated this property with the adjacent residential parcels, presumably because of its location approximately 13 feet higher than the surrounding property and its non-use by the golf course. In June 1984, the triangular parcel was sold by the La Costa Hotel and Spa to a private development company. Since that time, the entire 0.88 acres has been transferred between several subsequent owners as a single piece of property. On subsequent General Plan and Zoning maps it appears that the original boundaries based on the old floodplain and golf course lines were repeated, rather than adjusted to reflect the field conditions of the property, the association with adjacent parcels or the Certificate of Compliance. 0 0 GPA 04-14/ZC 04-09/CT 04-05/CP 04-01-VISTA LA COSTA January 5, 2005 Pa e7 Based on the history of this parcel, the open space boundary clearly was intended to follow the golf course limits and any associated floodplain areas. Since the property is not part of the golf course, and the entire site was graded into development pads accessible from Gibraltar Street, this application is proposing to amend the General Plan and Zoning designations to place the RH and RD-M designations over the entire property. The proposed amendments create consistency across the project site and are compatible with the surrounding neighborhood. C. RD-M Zoning/Condominium (Planned Development) The proposed project is subject to the RD-M Zone regulations and the Planned Development (PD) regulations. The PD regulations provide the development standards for condominium projects. The proposed three-story structures, with a building height of 35 feet, will be compatible with existing and proposed developments and comply with all of the requirements of the RD-M zone and the Planned Development regulations for multi-family developments. The project will be compatible in size, scale, and design with the surrounding multi-family/condominium projects. Access to the site meets all Fire Department and Engineering Department standards and the proposed parking (2 spaces per unit and 7 guest parking spaces) meets the parking requirements. Table 2 illustrates how the project complies with the applicable RD-M zoning and PD development regulations. Table 2: RDM Zonine and PD (CONDOMINIUM) STANDARDS COMPLIANCE STANDARD PERMITTED/REQUIRED PROPOSED Max. Lot Coverage (RD-M) 60% 27% Min. Front Yard Setback 15' average 15' minimum Min. Side Setback (RD-M) 5' 5' minimum Min. Rear Setback (RD-M) 10' 25' minimum (PD Setbacks) Setback from driveway (residence) 8' 8' minimum Max. Building Height (PD/RD-M) 35' 35' maximum Minimum Building Separation 20' average with a minimum 40' minimum (PD) of 1 O'between structures Resident Parking 2 spaces/ du -2 covered spaces for each 1 covered/I uncovered unit Visitor Parking 7 spaces 7 spaces Private Recreational Space 10' x lO'patio or 6' x 10' Patios -12' x 10' or balcony/du Balconies -12' x 7' Common Recreation Area 200 sq. ft. of community 4,681 sq. ft. recreational space per unit (3,000 sq. ft. total) RV Storage Required for projects with 25 units or more NIA Storage Space 392 cubic feet/unit 457 to 572 cubic feet/unit GPA 04-14/ZC 04-09/CT o!5/CP 04-01-VISTA LA COSTA 0 January 5, 2005 Page 8 D. Subdivision Ordinance The Engineering Department has reviewed the proposed tentative map and has concluded that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance (CMC Title 20). The project is conditioned to install all infrastructure improvements concurrent with the development. Access to the site will be from Gibraltar Street. The proposed building setbacks will allow for adequate air circulation and the opportunity for passive heating and cooling. E. Inclusionary Housing The City's Inclusionary Housing Ordinance (CMC Chapter 21.85) requires that a minimum of 15% of all approved units in any qualified residential subdivision be made affordable to lower income households. The inclusionary housing requirement for this project would be 3 dwelling units. The applicant is proposing to satisfy this requirement by purchasing three off-site affordable housing credits within the nearby Villa Loma Affordable Housing Project. An application is being processed for this request. F. Growth Management The proposed project is located within Local Facilities Management Zone 6 in the Southeast quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 3 below. Table 3: GROWTH MANAGEMENT STANDARD IMPACTS COMPLIANCE City Administration 55.59 sq. ft. Yes Library 29.67 sq. ft. Yes Waste Water Treatment 15EDU Yes Parks O.llac ' Yes Drainage 3 CFS Yes Circulation 120ADT Yes Fire Stations No. 2 & 6 Yes Open Space NIA Yes Schools Encinitas/San.Dieguito Yes Sewer Collection System 15EDU Yes Water 3,300 GPD Yes *The project is 1. 72 dwelling units below the Growth Management Dwelling Unit allowance of 19.0 dwelling units for the subject property. V. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts 0 0 GPA 04-14/ZC 04-09/CT 04-05/CP 04-01-VISTA LA COSTA January 5, 2005 Page9 to geology and soils and hydrology/water quality and mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts have now been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration was published in the newspaper and sent to the State Clearinghouse for public agency review. A letter was received from the Native American Heritage Commission dated November 19, 2004 during the 30 days public review period from October 20, 2004 to November 19, 2004. The letter and staffs response are attached to this report. ATTACHMENTS: 1. Planning Commission Resolution No. 5812 (MND) 2. Planning Commission Resolution No. 5813 (GPA) 3. Planning Commission Resolution No. 5814 (ZC) 4. Planning Commission Resolution No. 5815 (CT) 5. Planning Commission Resolution No. 5816 (CP) 6. Location Map 7. Background Data Sheet 8. Local Facilities Impact Assessment Form 9. Disclosure Statement 10. Reduced Exhibits 11. Exhibits "A" -"U" dated January 5, 2005 SQ:bd 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 0 PLANNING COMMISSION RESOLUTION NO. 5812 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM TO DEVELOP A FIFTEEN UNIT RESIDENTIAL CONDOMINIUM PROJECT ON A 0.88 ACRE SITE GENERALLY LOCATED ON THE NORTH SIDE OF GIBRALTAR STREET, SOUTH OF THE LA COSTA GOLF COURSE, BETWEEN JEREZ COURT AND ROMERIA STREET, WITHIN LOCAL FACILITIES MANAGEMENT ZONE6. CASE NAME: VISTA LA COSTA CASE NO.: GPA 04-14/ZC 04-09/CT 04-05/CP 04-01 WHEREAS, Abedi Family Trust, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as All of Lots 376 and 377 of La Costa South Unit No. 5, according to Map thereof No. 6600, filed in the office of the County recorder of San Diego County on March 10,.1970 and that portion of the North half of the Southeast One-Quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, according to official Plat thereof, in the City of Carlsbad, County of San Diego, State of California, described as Parcel No. 2 in a certificate of compliance recorded on August 27, 1984 as file no. 84-325375 of Official Records of said San Diego County ("the Property"); and WHEREAS, a Mitigated Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did, on the 5th day of January 2005, 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, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration. 1 2 3 4 5 6 7 8 0 Q. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program according to Exhibit "MND" dated October 20, 2004, according to Exhibits ''NOi" dated October 20, 2004, and "PII" dated September 23, 2004, attached hereto and made a part hereof, based on the following findings: 9 Findings: 10 11 12 13 14 15 16 17 18 19 1. The Planning Commission of the City of Carlsbad does hereby find: a. b. C. d. it has reviewed, analyzed and considered the Mitigated Negative Declaration, VISTA LA COSTA -GPA 04-14/ZC 04-09/CT 04-05/CP 04-01 the environmental impacts therein. identified for this project, and any comments thereon prior to RECOMMENDING APPROVAL of the project; and the Mitigated Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and I it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 20 Conditions: 21 22 23 24 25 26 27 28 1. 2. ,., .) . -- Developer shall implement or cause the implementation of the Vista La Costa Mitigation Monitoring and Reporting Program. This approval is granted subject to the approval of GPA 04-14 and ZC 04-09. 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 Mitigated Negative Declaration and Mitigation Monitoring.and Reporting Program, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. PC RESO NO. 5812 -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 0 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of January 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton CARLSBAD PLANNING COMMISSION ATTEST: I DON NEU Assistant Planning Director PC RESO NO. 5812 -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 0 Q PLANNING COMMISSION RESOLUTION NO. 5813 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM OPEN SPACE (OS) TO RESIDENTIAL HIGH (RH, 15-23 DU/AC) ON A 0.88 ACRE SITE GENERALLY LOCATED ON THE NORTH SIDE OF GIBRALTAR STREET, SOUTH OF THE LA COSTA GOLF COURSE, BETWEEN JEREZ COURT AND ROMERIA STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE6. CASE NAME: CASE NO: VISTA LA COSTA GPA 04-14 WHEREAS, Abedi Family Trust, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as That portion of the North half of the Southeast One.:Quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, according to official Plat thereof, in the City of Carlsbad, County of San Diego, State of California, described as Parcel No. 2 in a certificate of compliance recorded on August 27, 1984 as file no. 84-325375 of Official Rfcords of said San Diego County ("the Property"); and WHEREAS, said appli,cation constitutes a request for a General Plan Amendment as shown on Exhibit "GPA 04-14" dated January 5, 2005, attached hereto and on file in the Planning Department, VISTA LA COSTA -GPA 04-14 as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; arid WHEREAS, the Planning Commission did on the 5th day of January, 2005, 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 General Plan Amendment. 1 2 3 4 5 0 0 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of GPA 04-14-VISTA.LA COSTA based on 6 the following findings and subject to the following conditions: 7 Findings: 8 9 10 11 12 13 14 15 16 1. The proposed change in General Plan land use designation from Open Space (OS) to Residential High (RH, 15-23 du/ac) for Parcel No. 216-130-68 is consistent with the General Plan, the Zoning Ordinance, and the existing land use, in that the existing designation of OS is a mapping error. The subject parcel was presumed to be at a lower elevation and within the floodplain of San Marcos Creek. The subject site was also originally a part of La Costa Golf Course property. More accurate mapping has shown that this property is clearly well above and outside of the floodplain, located 13 feet higher than the golf course and was graded as part of the upland lots for proposed residential development. The proposed RH General Plan land use designation will be implemented by the proposed RD-M zoning on the property. The RH General Plan land use designation will be consistent with the RH designation of the adjacent two parcels and will be consistent with surrounding properties which are designated as RH and developed with multi-family residential projects. I 17 Conditions: 18 19 20 21 22 23 24 25 26 27 28 1. This approval is granted subject to the approval of the Mitigated Negative Decla-:ation and Mitigation Monitoring and Reporting Program and ZC 04-09 and is subject to all conditions contained in Planning Commission Resolutions No. 5812 and 5814 for those other approvals incorporated herein by reference. PC RESO NO. 5813 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 0 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 5th day of January 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Segall, Commissioners Bak.er, Cardosa, Dominguez, Heineman, Montgomery and Whitton 15 ATTEST: 16 17 DON NEU 18 Assistant Planning Director 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 5813 I -3- 0 0 GPA 04-14 -Vista La Costa January 5. 2005 Related Case File No(s): ZC 04-09/CT 04-05/CP 04-01 G.P. Mao Desianation Chanae Prooertv From: To: A. 216-130-68 OS RH B. C. D. Attach additional paaes if necessary 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 0 0 PLANNING COMMISSION RESOLUTION NO. 5814 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM PLANNED COMMUNITY (PC) TO RESIDENTIAL DENSITY MULTIPLE (RD-M) ON A 0.88 ACRE SITE GENERALLY LOCATED ON THE NORTH SIDE OF GIBRALTAR STREET, SOUTH OF THE LA COSTA GOLF COURSE, BETWEEN JEREZ COURT AND ROMERIA STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: VISTA LA COSTA CASE NO: ZC 04-09 WHEREAS, Abedi Family Trust, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as That portion of the North half of the Southeast One-Quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, according to official Plat thereof, in the City of Carlsbad, County of San Diego, State of California, described as Parcel No. 2 in a certificate of compliance recorded on August 27, 1984 as file no. 84-325375 of Official Records of said San Diego County ("the Property"); and I WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit "ZC 04-09" dated January 5, 2005, attached hereto and on file in the Planning Department, VISTA LA COST A -ZC 04-09 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 5th day of January, 2005, 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 Zone Change. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 A) B) 0 0 That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of ZC 04-09 -VISTA LA COSTA based on the following findings and subject to the following conditions: Findings: 1. 2. ,., .) . That the proposed Zone Change from Planned Community (PC) to Residential Density Multiple (RD-M) is consistent with the goals and policies of the various elements of the General Plan, in that the subject triangular parcel was originally a part of the La Costa Golf Course property and was mapped within the floodplain of San Marcos Creek. However, the triangular parcel is at a higher elevation, was graded as part of the upland lots, not the golf course, and subsequent, more accurate mapping, has shown that this property is clearly well above and outside of the floodplain. The new RD-M zoning designation will be consistent with surrounding properties which are also zoned RD-M. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the zone designation shown on Exhibit "ZC 04-09" attached hereto, will implement the proposed General Plan Land Use designation of Residential High Density (RH, 15-23 du/ac). That the Zone Change is consistent with the public convenience, necessity and general welfare, and is consistent with sound planning principles in that residential uses allowed by the proposed zone change are compatible with the adjacent multifamily residential uses. 18 Conditions: 19 20 21 22 23 24 25 26 27 28 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and GPA 04-14 and is subject to all conditions contained in Planning Commission Resolutions No. 5812 and 5813 for those other approvals incorporated herein by reference. 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. PC RESO NO. 5814 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 0 0 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 5th day of January 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton 16 I 17 JE N. SEGALL, airperson CARLSBAD PLANNING COMMISSION 18 19 20 21 ATTEST: DON NEU 22 Assistant Planning Director 23 24 25 26 27 28 PC RESO NO. 5814 -3- 0 0 ZC 04-09 -Vista La Costa January 5. 2005 Related Case File No(s): GPA 04-14/CT 04-05/CP 04-01 Zonina Mao Desianation Chanae Property From: To: A. 216-130-68 P-C RD-M B. C. D. Attach additional oaaes if necessarv 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 0 0 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 04-09, FROM PLANNED COMMUNITY TO RESIDENTIAL-DENSITY MULTIPLE ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF GIBRALTAR STREET, SOUTH OF THE LA COSTA GOLF COURSE, BETWEEN JEREZ COURT AND ROMERIA STREET IN LOCAL FACILITIES MANAGEMENT ZONE6. CASE NAME: VISTA LA COSTA CASE NO.: ZC 04-09 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the zoning map, is amended as shown on the map marked Exhibit "ZC 04-09," dated January 5, 2005, attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 5814 constitute the findings and conditions of the City Council. I EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City's Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the ___ day of-------' 2005, and thereafter Ill Ill Ill Ill Ill 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 0 0 PASSED AND ADOPTED at a regular meeting of said City Council held on the ___ day of , 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- I 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 0 0 PLANNING COMMISSION RESOLUTION NO. 5815 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT NUMBER CT 04-05 TO DEVELOP A FIFTEEN UNIT RESIDENTIAL CONDOMINIUM PROJECT ON A 0.88 ACRE SITE GENERALLY LOCATED ON THE NORTH SIDE OF GIBRALTAR STREET, SOUTH OF THE LA COSTA GOLF COURSE, BETWEEN JEREZ COURT AND ROMERIA STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: VISTA LA COSTA CASE NO.: CT 04-05 WHEREAS, Abedi Family Trust, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as All of Lots 376 and 377 of La Costa South Unit No. 5, according to Map thereof No. 6600, filed in the office of the County recorder of San Diego County on March 10, 1970 and that portion of the North half of the Southeast One-Quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, according to official Plat thereof, in the City of Carlsbad, County of San Diego, State of California, described as Parcel No. 2 in a certificate of compliance recorded on August 27, 1984 as file no. 84-325375 of Official :Wecords of said San Diego County ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits "A" -"U" dated January 5, 2005, on file in the Planning Department VISTA LA COST A -CT 04-05, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of January 2005, 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 Tentative Tract Map. 1 2 3 4 5 6 0 0 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES VISTA LA COSTA -CT 04-05, based on the following findings and subject to the following conditions: 7 Findings: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. "' ., . 4. 5. 6. 7. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed project satisfies all minimum requirements of CMC Titles 20 and 21 and the project is designed to comply with all applicable City regulations including the RD-M zone and the Planned Development Ordinance. That the proposed project is ·compatible with the surrounding future land uses since surrounding properties are designated for Residential High (RH) density development on the General Plan, and are developed with multi-family residential projects. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential dt1velopment at the density proposed, in that the project site can accommodate the proposed residential development while complying with all development standards and public facilities requirements. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that concurrent with the recordation of the final map the developer will vacate and adjust any easements that conflict with the proposed development. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that adequate separations will be provided to allow for breezes to cool the areas and landscaping will be installed to provide shade and reduce the temperature of developed areas. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. PC RESONO. 5815 -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 8. 9. 10. 0 0 That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the project site has been previously graded and is surrounded by existing development. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. 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 January 5, 2005 including, but not limited to the following: A.) Land Use -The project is consistent with the City's General Plan since the proposed density of 17.0 du/ac is within the density range of 15 -23 du/ac specified for the site as indicated in the Land Use Element of the General Plan. The project's proposed density of 17 du/ac is slightly below the Growth Management Control Point density (19 du/ac) used for the purpose of calculating the City's compliance with Government Code Section 65584. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units, which were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects, are deposited in the/City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dw·elling units, adequate to satisfy the City's share of the regional housing need. B.) Circulation-The project is served by an existing fully improved public street, Gibraltar Street, which operates at an acceptable level of service. On-site . circulation consists of private driveways which provide access to subterranean parking for the units and guest parking spaces designed in accordance with City standards. C.) Noise -The project is not located adjacent to any noise source and will have no noise impacts. D.) Housing -The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the developer will purchase 3 off-site affordable unit credits within the Villa Loma Project. 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 6 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 PC RESO NO. 5815 -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 12. 13. 14. 15. C 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, a. b. C. The project has been conditioned to provide proof from the Encinitas Union and San Dieguito Union High School Districts that the project has satisfied its obligation for school facilities. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permits. 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. The Planning Commission of the City of Carlsbad does hereby find: a. b. C. d. it has reviewed, analyzed and considered the Mitigated Negative Declaration for VISTA LA COSTA -GPA 04-14/ZC 04-09/CT 04-05/CP 04-01, the environmental impacts therein identified for this project and said comments thereon, and Mitigation, Monitoring and Reporting Program (the Program), on file in the Planning Department, prior to RECOMMENDING APPROVAL of the project; and the Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the California Enviroqmental Quality Act, th~ State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the environment. -- The Planning Commission hereby finds that the Program is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 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. PC RESO NO. 5815 -4- 1 2 0 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map 3 approval or issuance of a grading permit, whichever occurs first. 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 1. 2. 3. 4. 5. 6. 7. 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; 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 Tentative Tract Map. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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 complie~ with all requirements of law. 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 Tentative Tract Map, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein. The Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Union and San Dieguito Union High School Districts that this project has satisfied its obligation to provide school facilities. PC RESO NO. 5815 -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 8. 9. 10. 11. 12. 13. 14. 15. C 0 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. 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. A note to this effect shall be placed on the Final Map. Developer shall implement, or cause the implementation of the Project Mitigation Monitoring and Reporting Program. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and GPA 04-14, ZC 04:-09 and CP 04-01 and is subject to all conditions contained in Planning Commission Res9lutions No. 5812, 5813, 5814, and 5816 for those other approvals incorporated herein by reference. This project is being approved as an air space condominium. There will be no individual ownership of land. A note to this effect shall be placed on the Final Map with the exact wording to the satisfaction of the Planning Director. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan anc;l the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. 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 PC RESO NO. 5815 -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 16. 0 0 to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent ( 6%) of the amount of the invoice. Thereafter the Cit)'.' may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on theJand and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities. The HOA shall be responsible for maintaining all the landscaping installed on the subject site. 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 26 days. The CC&Rs for the project shall include this requirement. PC RESO NO. 5815 -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 17. 18. 19. 20. 21. 22. 23. 0 0 Prior to· issuance of building permits, the Developer shall submit to the Planning Director a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City approved documents and exhibits. 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 6, 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. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and recreational facilities. Prior to final map approval, Developer shall submit to the City a Notice of-Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a General Plan Amendment, Zone Change, Tentative Tract Map and Condominium Permit by Resolutions No. 5813, 5814, 5815 and 5816 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 Planning Director 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. Developer shall display a current Zoning and Land Use Map, or an alternative, suit3;ble to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. Prior to the recordation of the final map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). Engineering NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must be met prior to approval of a final map, building or grading permit whichever occurs first. PC RESO NO. 5815 -8- 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 24. 25. 26. 0 0 Prior tci hauling dirt or construction materials to or from ariy proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. Developer shall submit to the City Engineer, a reproducible 24" x 36" mylar copy of the tentative map and a digital copy of said map (in AutoCAD format, latest version) reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the City engineer, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, final map, improvement or grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. 27. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, 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 the subdivision. 28. There shall be one Final Map recorded for this project. 29. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards or as approved by the City Engilieer and shall record the . following statement on the Final Map (and in the CC&Rs): "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the,street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3 or as approved by the City Engineer. The underlying property owner shall maintain this condition." The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. Fees/ Agreements 30. 31. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an PC RESO NO. 5815 -9- 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 0 additio·nal Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Grading 32. 33. 34. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to· the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director .. Based upon a review of the proposed grading and the grading quantities shown on the tentative map a grading permit for this project is required. Developer shaHapply for and obtain a grading permit from the City Engineer prior to commencement of any earthwork activities. Dedications/Improvements 35. 36. 37. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the tentative map. The offers shall be made by a certificate on the final map or by separate recorded documents. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. Additional easements and easement width for the existing public drainage system offsite along the easterly boundary of the subdivision shall be granted, prior to recordation of the final map, as required by the City Engineer. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. 38. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map and the following improvements including, but not limited to paving, base, signing and striping, sidewalks, curbs and gutters, medians, grading, PC RESO NO. 5815 -10- 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 39. 40. 41. 0 0 clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, to City Standards to the satisfaction of the City Engineer. The improvements are: a) b) The public water system generally shown on the tentative map. Those frontage improvements on Gibraltar Street adjacent to the subject property. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Prior to issuance of building permits, Developer shall underground all existing overhead utilities within the subdivision boundary. Developer shall comply with the City's requirements of the· National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acc~ptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. B. 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. 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. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. include all content as established by the California Regional Water Quality Control Board requirements; PC RESO NO. 5815 -11- 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 42. 43. 44. b. C. d. 0 include the receipt of "Notice of Intent" issued by the California Regional Water Quality Control Board; recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. d. e. f. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; ensure long-term maintenance of all post construct BMPs in perpetuity; and _ identify how post-development runoff rates and velocities from the site wiil not exceed the pre-development runoff rates and velocities to the maximum extent practicable. Prior to grading permit issuance, Developer shall have design, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. Developer shall incorporate into the grading/improvement plans the design for the project drainage outfall end treatments for the drainage outlet. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed riprap, or other means deemed appropriate, to the satisfaction of the City Engineer. PC RESO NO. 5815 -12- 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 0 0 Final Map Notes 45. 46. Water 47. 48. 49. 50. 51. Developer shall show on Final Map the net developable acres for each parcel. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: A. B. C. All improvements are privately owned and are to be privately maintained with the exception of the following: 1. The public water and sanitary sewer systems. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. Prior to approval of improvement plans or final map, 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. I The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adl?quate maintenance, access and/or joint utility purposes. · The Developer shall install meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall meet with and obtain approval from the Leucadia Wastewater District regarding sewer infrastructure available or required to serve this project. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 52. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. PC RESO NO. 5815 -13- 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 53. 54. 55. 56. 57. 0 0 Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the. Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code .. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 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. I PC RESO NO. 5815 -14- 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 0 0 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of January 2005, by the following vote, to wit: I AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton NOES: ABSENT: ABSTAIN: ~ JEFFRE N. SEGALL, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ~ DON NEU Assistant Planning Director PC RESO NO. 5815 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 0 0 PLANNING COMMISSION RESOLUTION NO. 5816 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CONDOMINIUM PERMIT CP 04-01 TO DEVELOP A FIFTEEN UNIT RESIDENTIAL CONDOMINIUM PROJECT ON A 0.88 ACRE SITE GENERALLY LOCATED ON THE NORTH SIDE OF GIBRALTAR STREET, SOUTH OF THE LA COSTA GOLF COURSE, BETWEEN JEREZ COURT AND ROMERIA STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: CASE NO.: VISTA LA COSTA CP 04-01 WHEREAS, Abedi Family Trust, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as All of Lots 376 and 377 of La Costa South Unit No. 5, according to Map thereof No. 6600, filed in the office of the County recorder of San Diego County on March 10, 1970 and that portion of the North half of the Southeast One-Quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, according to official Plat thereof, in the City of Carlsbad, County of San Diego, State of California, described as Parcel No. 2 in a certificate of compliance recorded on August 27, 1984 as file no. 84-325375 of Official Ri'ecords of said San Diego County ("the Property"); and WHEREAS, said verified application constitutes a request for a Condominium Permit as shown on Exhibits "A" -"U" dated January 5, 2005, on file in the Planning Department VISTA LA COSTA -CP 04-01, as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of January 2005, 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 Condominium Permit. 1 2 3 4 5 6 0 0 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES VISTA LA COSTA -CP 04-01, based on the following findings and subject to the following conditions: 7 Findings: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. That the proposed project complies with all applicable development standards included within Chapter 21.45 of the Carlsbad Municipal Code, in that the proposed project of 15 condominiums on the subject site conforms with all the design and development standards applicable to the property as contained in Chapter 21.45 of the Carlsbad Municipal Code (CMC) and the project is compatible with existing surrounding residential development. That the proposed project's density, site design and architecture are compatible with surrounding development, in that the proposed project of 15 condominiums (17 du/ac) on the subject site is consistent with the allowable density range of the Residential High Density (RH, 15 -23 du/ac) General Plan land use designation and the project's density (17 du/ac) is slightly below the Growth Management Control Point density of 19 du/ac. The site is designed to be consistent with applicable development standards and its proposed residential use is compatible with adjacen_t existing and planned residential land uses. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map approval or issuance of a grading permit, whichever occurs first. 1. 2. 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 fo 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; 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 Condominium Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Condominium 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. PC RESO NO. 5816 -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 3. 4. 5. C 0 Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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 Condominium Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and GPA 04-14, ZC 04-09 and CT 04-05 and is subject to all conditions contained in Planning Commission Resolutions No. 5812, 5813, 5814 and 5815 for those other approvals incorporated herein by reference. 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 G9vernment 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 plapning, 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. PC RESO NO. 5816 -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 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of January 2005; by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton JER N. SEGALL, airperson CARLSBAD PLANNING COMMISSION ATTEST: I DON NEU Assistant Planning Director PC RESO NO. 5816 -4- 0 SITE VISTA LA COSTA GPA 04-14/ZC 04-09/CT 04-05/CP 04-01 CjBACKGROUNDDATASHEET C> CASE NO: GPA 04-14/ZC 04-09/CT 04-05/CP 04-01 APPLICANT: Abedi Family Trust REQUEST AND LOCATION: General Plan Amendment, Zone Change, Tentative Tract Map, and Condominium Permit to develop a 15-unit residential condominium project on an 0.88 acre site located on the north side of Gibraltar Street, south of the La Costa Golf Course between Jerez Court and Romeria Street, within Local Facilities Management Zone 6. LEGAL DESCRIPTION: All of Lots 376 and 377 of La Costa South Unit 5, according to map thereof No. 6600, filed in the office of the County recorder of San Diego County on March 10, 1970 and that portion of the North half of the southeast one-quarter of section 36, township 12 south, range 4 west, San Bernardino Meridian, according to official plat thereof, in the City of Carlsbad, County of San Diego, State of California. APN: 216-290-20, 21; 216-130-68 Acres: 0.88 Proposed No. of Lots/Units: 1 lot/15 airspace condominiums GENERAL PLAN AND ZONING Land Use Designation: =RH=-"O'--=-S _____________________ _ Density Allowed: .;;..19"""'.""""0 _____ _ Density Proposed: .;;..17-' ....... o _________ _ Existing Zone: RD=-'-M=, =P--C=-------Proposed Zone: =RD~-M~---------- Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site RD-M, P-C RH,OS Vacant North P-C OS La Costa Golf Course South RD-M RH Multi-family Residential East RD-M RH Multi-family Residential West RD-M RH Multi-family Residential PUBLIC FACILITIES School District: Encinitas Union /San Dieguito Unified Water District: -=C-=ar=ls=b=a=d _____ _ Sewer District: Leucadia Wastewater Equivalent Dwelling Units (Sewer Capacity): .;;..15~E~D"""'U~-------------- ENVIRONMENTAL IMPACT ASSESSMENT D Negative Declaration, issued ___________________ _ D Certified Environmental Impact Report, dated ______________ _ ~ Other, Mitigated Negative Declaration 0 0 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMP ACT ASSESSMENT: FILE NAME AND NO: Vista La Costa-GPA 04-14/ZC 04-09/CT 04-05/CP 04-01 LOCAL FACILITY MANAGEMENT ZONE: _§_ GENERAL PLAN: =RH==--O=S=-------- ZONING: RD-M P-C DEVELOPER'SNAME:=A=be=ru=·~F=am=i=ly~T=ru~st~~~~~~~~~~~~~~~~ ADDRESS: 22892 Ocean Breeze Way. Laguna Niguel, CA 92677 PHONE NO.: (949) 831-4144 ASSESSOR'S PARCEL NO.: 216-290-20,21: 216-130-68 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): ~0-~88"--'a=c~re~s ____ _ ESTIMATED COMPLETION DATE: A. B. C. D. E. F. G. H. I. J. K. ~~~~~~~~~~~~~~~~~~- City Administrative Facilities: Demand in Square Footage= 55.59 Library: Demand in Square Footage= 29.67 Wastewater Treatment Capacity (Calculate with J. Sewer) 15EDU Park: Demand in Acreage = 0.11 Drainage: Demand in CFS = 3 Identify Drainage Basin = D Circulation: Demand in ADT = 120 Fire: Served by Fire Station No. = 2&6 Open Space: Acreage Provided = NIA Schools: Encinitas Union Elementarv/San Dieguito Union High (Student Generation: Elementary= 1.63; Middle = 1.65; High = 1.65) Sewer: Water: Demands in EDU Demand in GPD = 15 3 300 L. The project is 2 dwelling units below the Growth Management Dwelling unit allowance. .0 of Carlsbad. 1461 ••sh •I· I •14·f i I I, ,CJ ,.\l-. DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. Toe following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defmed as "Any individual, firm, · co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDNIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (NI A) IN TIIE SP ACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Dr. Shahla Abedi Title Individual Address 22892 Ocean Breeze Way Laguna Niguel, CA 92677 2. OWNER (Not the owner's agent) Corp/Part Dr. Esrafil Abedi Title Individual Address 22892 Ocean Breeze Way Laguna Niguel, CA 92677 Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF TIIE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Dr. Sh~a Abedi Dr. Esrafil Abedi Person Abedi Family Trust Corp/Part Abedi Family Trust Title Trustee Address 22892 Ocean Breeze Way Laguna Nlguel, CA 92677 Title __ T_r_u_s_t_e_e __________ _ Address 22892 Ocean Breeze Way Laguna Nlguel, CA 92677 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ 3. NON-PROFIT o&rzATION OR TRUST 0 If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust, list the name~ and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit!frust N/ A Non Profit/Trust ·----------- Title ___________ _ Title --------------- Address __________ _ Address _____________ _ 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Comniittees and/or Council within the past twelve (12) months? D Yes ~ No If yes, please indicate person(s): _____________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to_ the best of my knowledge. Sh/4~@~!: ~<luJ< fn? Signature7orfdate Signature of applicant/date Dr. Shahla Abedi T Or, E-,r-t:f. t/1 A~cl i Print or type name of owner Dr. '5,htth/4 Abedi "f Dr. Br~f r'/ A~d; Print or type name of applicant N/A Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 I I • 'I I I ; I ii! il~I ml 1:nt11 . ~ i Ii M = I -~ I ~ ,q ;; mil !I Uia1 !~ jJ Jpr f " ~; I ,I ;f ! I 11 I !2 f I i I~! ~, ~~~ ~r ~u "' ~~ ~~~ !2 N I ~; Ill \::~!U Ill r Ill II --#--- I~ I If~ II 111 I : II ~~ ~ I 11~ l=t> I IJA(Xt,!JIIJE.u Q ~ !i I p C ~ . ... ',, >1t·· ~-. _,-I §:' ~~ <:, <:,~ " R ~! ., -~ / / / ,,, /.Z. /j. /;.r:--, !{ / B " J rl ~ i I I 111 !~ I~ ~ II I !~I !I --· ~ I ,ti: · '!. ~ ~ ~ 22 • . ~ ! r, -~ \ '='3 5:::) ~ ~ i 1! 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I i I I I I I ~ • ~ --', DI I I 1\ [Q D [] g A: ~ Vi , I I ! Andrew S, Herbruclt AIA Architecture & PlaDDins 818 Stratford Court Del Mar California 92014 (858) 755-9589 fax 755-2030 CD I ~ l i -: -~ --0 ~ b . I ,- VISTA LA COSTA UPPER LEVEL FLOOR PLANS AAC'jif TUAAL GUIDELINES ANALYSIS L__J I f2 c::n:::'.J ESRAFIL &. SHAHLA ABEDI 22892. Cbu ._ Way, 0 1,apu. ~ 92677 i----- >=. , .. ~ r..- Andrew S. Herbruck Architecture & Planning rl~ ~tf~if= 92014 {8S8) 7S.5-9S89 faz 7SS-2030 COVERED Sl>EWAUC ,------------ ,--------------' I ~ ~: >i g, ;lil I I I I I I I I ,---JI I I I I I I L __ _ I r---------I I I I I I I I I I I ----------+--------- VISTA LA COSTA BASEMENT GARAGE ___ c"""''"""' ---------------- I I I I I I I I I I I -----------------~- ESRAFIL &. SHARLA ABEDI . 22892 Oaat. S.... w.,. Lapu 92877 ' Andrew S. Herbruck Architecture & Planning 818 Stratford Court Del Mar California 92014 (8S8) 7S5'9S89 fu: 7SS-2030 T ~ ~ ~ T I T ! 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"'1 ~-_:_~-:=LJii: t=S.H~ G~ICoart M'a;~&luornia !1201-+ 8) 755-958!1 fu: 75.s-2030 ,/ IRRluATIO'l NOTE& An 1uto1natlc JrrtgatlOf'I •~t.n &hall be Jnatalled or r.cN1lgned to provlc::t. coverage ror all ~=~"':r:•-=:= 1:.:1\~"7: eutncl41ftt mat.." ror plant growth with a mlnln..m or wat. toe, due to ru,-oft. All Irrigation linprov.ient.6 ah!III be lntt.alled H p« \he provl1Ton. of Ow Cit~ of C<lrlobad Landocape MMua I. PLANT~ NOTE& The •elacilon or plant mat•lal I• baaed on culural, , .. ttwtlc, and Nln\.wlnc:e con&tderallo,w. All pl.mt.'"9 areae ahall be prepared with ,otl c:onc::llt.loner, r.-1.n1zer,, and approprlat. .uppi.n.nta. baaed \4'0ft .all ~11~:: :=:=.:!!:-:,11J:.~;~~ car Ir.bad Land6eape Marua I. SEc;TION 'A' LANDSCAPE CONCEPT PLAN EXl&TN:I OIAH LtK FB«::E @ !CALE, I' • :W' 0 20 40 60 ri......r-, ICM.I!: - ~FLANTLl&T TIIIEE6 { .APPPIOXl'IATS. y MJ 0 1"·2,4'DQX.2R·56AL. 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Klllav.D11Wt2»IU'IIIIIIIIACHUWCl.lll of 21 c~____. m llUIIOOT mum um PLAIIIIC SIii IISICI LAIISCAPI mmmm ~i u, a: o 12 0 0~ W <C 0 m ..J • c( c( i I-~ ~ !i >O .. r•w .. ,,,.... .. k Lp -- h, fl ~ ,.,,-, WATER CONSERVATION PLAN WATER CONSERVATION NOTES 33.5% OF TOTAL SITE TO BE LANDSCAPED. 1. City of Csrtsbad Planting Zones Zone 1 2,800 SF Zone 2 12,700 SF Zone 3 4,015 SF 2. Estimated Supplemental Water Is 366,077 gal. per year for entire site. 3. Annual color proposed only at the project entry. 4. All planted areas are to be maintained by the owner. 5. These plants have been salected for their aesthetic value as well as for their ability to thrive on the existing solar, wind, and water conditions of the site. These plants are well adapted to the cartsbad climate and do not demand a high amount of water. Supplemental water Is estimated to be less than 366,077 gal. per yeer once the plants are established. 6. The soil shaH be amended to improve the plants' environment. Ground covers shall fill in between the shrubs to shield the soil from the sun and reduce evapotransplratlon. All the flower and shrub beds shall be mulched to help conserve water, lower the soil temperature, and reduce weed growth. The shrubs shall be allowed to grow in their more natural forms. This will work together with Iha ground covers and mulches to reduce the evapotranspiration rates of the soil. 7. Proper landscape maintenance can provide energy and water conservation with the recycling and reuse of landscape trimmings and a reduction in the use of chemlcals In the landscape. 8. The irrigation system shall be designed with the following guidelines ... • All valves to be connected to an automatic clock with multiple start times. • All clocks can be overridden by moisture sensors set into the planting areas at strategic locations. • Drtp Irrigation can be utilized to supplement the overhead spray system where required. USABLE SITE AREA SUMMARY 6uilding Footprint 8,812 5f. 20 Acre n .. i. ...... ,.,!!.,, !1 ... ....1 C!I ... L.r ........ ~-·; 51=. .11 Acre 16 5f. .51 Acre "-"·-·-e (33.!:>%! e (24.!:>%) -tal 38.333 Sf. .88 Acre 23.1 % 18.S % 58% ll'Zll'Zl% . ~ m mmm HAIIIIG nm PLAIIIIG SITE IISl&I UIISCAPI AICIIJICTIII ~ "' .!I _o! Q o-w ~ ~ :s j"d ~ "' > =-0 II* t•W .. -•It LP --