HomeMy WebLinkAbout2004-12-15; Planning Commission; Resolution 58041
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PLANNING COMMISSION RESOLUTION NO. 5804
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANNED
ARCHITECTURE AND PLOTTING FOR THE
HOMES GENERALLY LOCATED SOUTH OF PALOMAR
AIRPORT ROAD, EAST OF EL CAMINO REAL, NORTH OF
THE FUTURE EXTENSION OF POINSETTIA LANE AND
WEST OF THE FUTURE EXTENSION OF EL FUERTE
STREET IN LOCAL FACILITIES MANAGEMENT ZONE 17.
UNIT DEVELOPMENT AMENDMENT PUD 03-09(A) FOR
DEVELOPMENT OF 25 SINGLE-FAMILY DETACHED
CASE NAME:
CASE NO. : PUD 03-09(A)
BRESSI RANCH-PLANNING AREA 11
WHEREAS, Bressi Gardenlane, LLC , “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as:
Lots 1 through 25 of CT 02-19 per Map No.14892 recorded in
the office of the San Diego County Recorder dated October 8,
2004
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit Amendment as shown on Exhibits “A” - “JJ” dated December 15, 2004,
on file in the Planning Department, BRESSI RANCH-PLANNING AREA 11 - PUD 03-09(A)
as provided by Chapter 2 1.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of December, 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 persons desiring to be heard, said Commission
considered all factors relating to the Planned Unit Development Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES BRESSI RANCH-PLANNING AREA 11 - PUD 03-09(A), based
on the following findings and subject to the following conditions:
FindinPs :
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That the proposed project complies with all applicable development standards included
within Chapter 21.45 of the Carlsbad Municipal Code and Bressi Ranch Master Plan in
that the project is for the approval of architecture and plotting for 25 single-family
detached units located on lots with a minimum area of 15,000 square feet. The
proposed project is consistent with Chapter 21.45 of the Carlsbad Municipal Code
and proposed homes comply with the requirements of City Council Policy 44
regarding Neighborhood Architectural Design Guidelines.
That the proposed project’s density, site design and architecture are compatible with
surrounding development, in that the surrounding neighborhoods in the Bressi Ranch
Master Plan and Villages of La Costa Master Plan will be developed with single-
family detached homes.
The Planning Director has determined that:
a. The project is a subsequent activity of the Bressi Ranch 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; [ 15 168(c)(2) and (e)];
b. This project is consistent with the Master Plan cited above;
c. EIR 98-04 was certified in connection with the prior Master Plan;
d. The project has no new significant environmental effect not analyzed as
significant in the prior EIR;
e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist; and
f. All mitigation measures contained in the adopted Mitigation Monitoring and
Reporting Program from EIR 98-04 applicable to the proposed Planning Area
projects have been completed, incorporated into the project design or are required
as conditions of approval for the project.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 17 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.
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5.
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That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that the project
is being proposed and will be implemented consistent with the requirements of the
Bressi Ranch Master Plan and Zone 17 Local Facilities Management Plan.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall
record a notice concerning aircraft noise. The project is compatible with the projected
noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the
CLUP, the proposed land use is compatible with the airport, in that the project is not
within noise contours greater than 60 CNEL as created by airport operations.
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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permits or precise grading permit, whichever occurs first.
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 Planned Unit Development Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Unit Development Amendment documents, as
necessary to make them internally consistent and in conformity with the final action on
the project. Development shall occur substantially as shown on the approved Exhibits.
Any proposed development different from this approval, shall require an amendment to
this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
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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 indemnifl, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Planned Unit Development
Amendment, (b) City’s approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of
the Planned Unit Development Amendment reflecting the conditions approved by the
final decision making body.
This project shall comply with all conditions and mitigation measures that are required as
part of the Zone 17 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.
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 Bressi Ranch Master Plan - EIR 98-04, as contained in Planning
Commission Resolution No. 5201.
Prior to the issuance of building permits for any lots or units, the Developer shall
construct the required inclusionary units as stipulated in the “Initial Affordable
Housing Agreement Imposing Restriction on Real Property” between the City of
Carlsbad and Lennar Bressi Ranch Venture, LLC 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 #I 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 17, pursuant to Chapter 21.90. All such
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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.
The 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 trials, future
and existing schools, parks and streets.
The 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.
The 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
approved by the Planning Director (see Noise Form #3 on file in the Planning
Department).
Prior to the issuance of a precise grading permit or building permit whichever
occurs first, the 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,
notifling all interested parties and successors in interest that the City of Carlsbad has
issued a Planned Unit Development Amendment by Resolution No. 5804 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
condition or restrictions specified of inclusion in the Notice of Restriction. The Planning
Director has the authority to execute and record and amendment to the notice, which
modifies or terminates said notice upon showing of good cause by the Developer or
successor in interest.
Any signs proposed for this development shall at a minimum be designed in conformance
with the Bressi Ranch Master Plan and shall require review and approval of the
Planning Director prior to installation of such signs.
The common recreational vehicle storage area in Planning Area 13 shall be
completed and available to residents prior to or concurrent with the occupancy of
the first residential unit in Planning Area 11.
PC RES0 NO. 5804 -5-
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19. The Developer shall comply with all the applicable conditions of PUD 03-09 as
stated in Planning Commission Resolution No. 5500 which is incorporated by
reference herein.
20. The applicant shall widen the single garage door openings on plans 2 and 3 to allow
access for large vehicles, to the satisfaction of the Planning Director or as an
alternative the two adjacent single car garage doors shall be replaced by one two car
garage door.
Engineering
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Developer shall provide to the City Engineer, an acceptable means, for maintaining the
private easements within the subdivision and all the private improvements.
Prior to hauling dirt or construction materials to or from this project, the developer shall
submit to and receive approval from the City Engineer for the proposed haul route. The
developer shall comply with all conditions and requirements the City Engineer may
impose with regards to the hauling operation.
The developer shall provide for sight distance corridors at all street intersections in
accordance with Engineering Standards. The limits of these sight distance corridors
shall be reflected on any improvement, grading, or landscape plan prepared in
association with this development.
“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.”
FeedAgreements
25. The developer shall pay all current fees and deposits required.
26. Developer shall cause property owner to apply for and obtain reapportionment of the
assessments imposed on the subject project in accordance with law governing the
associated Poinsettia Lane Assessment District, or the assessments must be paid in full.
Developer shall pay all associated costs of said reapportionment. The application shall be
submitted to the City Engineer with the application for the final map.
Grading
27. Based upon a review of the proposed grading and the grading quantities shown on the site
development plan, an additional grading permit for this project is required. (The
developer has an approved grading permit for the approved subdivision. A precise
grading plan will be required for the final grading proposed by the placement of
development.)
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Dedicationsfimprovements
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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.
Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed cross
lot drainage as shown on the site plan. The deed restriction document shall be in a form
acceptable to the City Engineer and shall:
A. clearly delineate the limits of the drainage course;
B. state that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
C. state that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
nuisance.
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.
Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall prepare and submit a Storm
Water Pollution Prevention Plan (SWPPP) and 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 acceptable 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 tenants of the following:
A. All residents shall coordinate efforts to establish or work with established disposal
programs to remove and properly dispose of toxic and hazardous waste products.
B. 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.
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D. SWPPP will include calculations of anticipated pollutant loading, and sizing
of structural BMPs to remove pollutants prior to storm water entering a
storm drain. Required maintenance of the BMPs and the maintenance
interval will be specified for each BMP.
This project shall be annexed into City of Carlsbad Street Lighting and Landscaping
District No. 2 (SL&LD #2). Prior to approval of any grading or building permits for this
project, Developer shall cause Owner to execute an Agreement to annex the subject
property into City of Carlsbad SL&LD #2. The Agreement shall be in a form approved
by the Assistant City Finance Director. Developer shall pay all fees necessary to annex
the property into SL&LD #2.
All improvements shown on the site Plan are considered private and are to be privately
maintained in perpetuity by the homeowners association. The improvements include but
are not limited to: Meandering DG trail and walkway, curb, AC Pavement, storm
drainage systems, (2) CDS units, landscaping and irrigation facilities.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
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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.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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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 feedexactions. 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 feedexactions
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 feedexactions 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 15th day of December 2004, by the
following vote, to wit:
AYES:
NOES:
Chairperson Whitton, Commissioners Baker, Cardosa,
Dominguez, Heineman, Montgomery, and Segall
ABSENT:
ABSTAIN:
/FRANK-H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILER
Planning Director
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