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HomeMy WebLinkAbout2004-08-18; Planning Commission; Resolution 56941 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 PLANNING COMMISSION RESOLUTION NO. 5694 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE FLOOR PLANS, ELEVATIONS AND PLOTTING FOR 36 LOCATED NORTH OF ALGA ROAD AND EAST OF FUTURE ALICANTE ROAD WITHIN THE LA COSTA GREENS NEIGHBORHOOD 1.12 OF THE VILLAGES OF LA COSTA MASTER PLAN IN LOCAL FACILITIES MANAGEMENT ZONE 10. CASE NAME: VLC GREENS NEIGHBORHOOD 1.12 CASE NO.: SDP 04-04 DEVELOPMENT PLAN SDP 04-04 TO APPROVE BUILDING SINGLE-FAMILY DETACHED HOMES GENERALLY WHEREAS, Pulte Homes Corp., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Real Estate Collateral Management Company, “Owner,” described as La Costa Greens Neighborhood 1.12, being a subdivision of lot 12 of Carlsbad Tract No. 99-03 La Costa Greens, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14543, filed in the office of the County Recorder of San Diego County, February 12,2003 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibits “A” - “HH” dated August 18, 2004, on file in the Planning Department, VLC GREENS NEIGHBORHOOD 1.12 - SDP 04-04 as provided by Chapter 21.06 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of August 2004, 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 Site Development Plan. 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 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 Planning Commission APPROVES VLC GREENS NEIGHBORHOOD 1.12 - SDP 04- 04 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the subject site is currently subdivided into 36 single-family residential lots with a minimum lot size of 11,000 square feet. The proposed building floor plans, elevations and plotting plans are properly related to the site, surroundings, and environmental setting, and are consistent with the objectives of the General Plan as the proposed homes meet all the development standards of the Villages of La Costa Master Plan. That the site for the intended use is adequate in size and shape to accommodate the use, in that the single-family residences proposed for the existing 36 lots meet all development standards of the Villages of La Costa Master Plan. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted fbture uses in the neighborhood will be provided and maintained, in that no adjustments are necessary to allow the proposed single-family residences to be located on the subject site. The proposed building floor plans, elevations and plotting are consistent with the development standards contained in the Villages of La Costa Master Plan. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed project consists of single-family residences with access to public streets. The street system for Neighborhood 1.12 was analyzed with CT 02-21 and necessary improvements were required and made part of the approval at that time. The Planning Director has determined that: a. the project is a subsequent activity of the Villages of La Costa Master Plan for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [ 15168(c)(2) and (e)]; and PC RES0 NO. 5694 -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 b. C. d. e. f. this project is consistent with the Master Plan cited above; and the Villages of La Costa Master Plan EIR 98-07 was certified in connection with the prior plan; and the project has no new significant environmental effect not analyzed as significant in the prior EIR; and none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist; and the Planning Commission finds that all feasible mitigation measures or project alternatives identified in the Villages of La Costa Master Plan EIR 98-07, which are appropriate to this Subsequent Project, have been incorporated into this Subsequent Project. 6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 10 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. 7. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of building permits. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Site Development Plan. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development PC RES0 NO. 5694 -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 3. 4. 5. 6. 7. 8. 9. 10. 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 complies 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 Site Development Plan, and (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. Developer shall submit to the Planning Department a reproducible 24” x 36” mylar copy of the Site Plan 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 San Marcos Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 10 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. Prior to the issuance of building permit, 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, notifymg all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan by Resolution No. 5694 on the real property owned by the Developer. 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. PC RES0 NO. 5694 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. 15. 16. 17. 18. 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. The Developer shall implement and comply with all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Final Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in Planning Commission Resolution No. 5010. Developer shall construct the required inclusionary units as stipulated in the First Amended and Restated Affordable Housing Agreement (dated February 21, 2003) between Morrow Development and the City of Carlsbad concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development, 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 10, pursuant to Chapter 21.90. All such taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable 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. Developer shall post aircraft noise notification signs in all sales andor rental offices associated with the new development. The number and locations of said signs shall be PC RES0 NO. 5694 -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 approved by the Planning Director (see Noise Form #3 on file in the Planning Department). 19. Any signs proposed for this development shall at a minimum be designed in conformance with the Villages of La Costa Master Plan and shall require review and approval of the Planning Director prior to installation of such signs. 20. The Developer shall comply with all the conditions set forth by CT 02-21 in Resolution No. 5474 which are incorporated by reference herein. Engineering 21. Fire 22. - 23. 24. Prior to issuance of a precise grading permit(s), Developer shall process and receive approval of a construction revision to City drawing no. 406-4 to document any necessary relocation of sewer laterals, water laterals, curb outlets and driveways as necessary to accommodate the development of the dwellings as shown on the site plan for this project. The construction revision shall be processed and prepared to the satisfaction of the City Engineer. Lots 3, 4, 24, and 36 shall be required to be constructed to one-hour fire exterior walls and features rated in conformance with the California Building Code that abut the Fire Protection Zones. Contact the Carlsbad Fire Department for approved materials and methods. Strict adherence to the adopted Landscape Manual for the 60-foot clearance from combustible vegetation is required. No combustible or wood fencing within 100 feet of undisturbed natural vegetation is permitted on Lots 1 through 24 and 36. All subsequent submittals shall indicate that these lots are conditioned by adding the suffix “FR” to the lot designator and shall be noted by lot number on the title sheet of the working drawings. The following items shall be included in the CC&Rs: a. The maintenance of common areas and fuel modification shall be submitted to the Fire Department for review and approval. b. Strict adherence to the adopted City of Carlsbad Landscape Manual for the 60-foot clearance from combustible vegetation is required. There shall be no combustible or wood fencing within 100 feet of native undisturbed vegetation (F.3-6). c. No combustible patio covers, decks or similar structures to homes occur within the first twenty (20) - feet of the afore mentioned sixty (60) - foot fuel modification zone unless fire rated or heavy timber materials are utilized and approval of said materials shall be obtained prior to installation from the Building Department. PC RES0 NO. 5694 -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 25. Please note that in accordance with the City’s adopted landscape manual, unless the 60-foot fuel modification zone begins at the property line, Section F.3-1 prohibits tree and shrubs in the first twenty (20)- feet of the sixty (60)- foot zone. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 26. 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. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... ... ... ... ... ... PC RES0 NO. 5694 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 18th, day of August 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: #4 &- kJ&s-----...... /FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: . Planning Director PC RES0 NO. 5694 -8-