HomeMy WebLinkAbout2005-11-02; Planning Commission; Resolution 59921
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PLANNING COMMISSION RESOLUTION NO. 5992
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A MAJOR
PLANNED UNIT DEVELOPMENT PERMIT AMENDMENT
PUD 04-02(A) TO APPROVE BUILDING FLOOR PLANS,
ELEVATIONS AND PLOTTING FOR 48 SINGLE-FAMILY
DETACHED HOMES GENERALLY LOCATED TO THE
SOUTH OF FUTURE CORINTIA STREET, EAST OF EL
FUERTE STREET AND NORTH OF THE HCP OPEN SPACE
IN NEIGHBORHOOD 2.A IN THE RIDGE VILLAGE OF THE
VILLAGES OF LA COSTA MASTER PLAN IN LOCAL
FACILITIES MANAGEMENT ZONE 1 1.
CASENAME: VILLAGES OF LA COSTA RIDGE
NEIGHBORHOODS 2.3 & 2.4 SOUTH
CASE NO: PUD 04-02(A)
WHEREAS, Warmington Homes California, ”Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Real Estate Collateral
Management Company, “OwnerYy’ described as
La Costa Ridge Neighborhoods 2.3 and 2.4
Lots 1-48 of the City of Carlsbad Tract CT 04-03, Villages of
La Costa - La Costa Ridge - Neighborhoods 2.3 and 2.4, in the
City of Carlsbad, County of San Diego, State of California,
according to Map No. Thereof No. 15098 filed in the Office of
the County Recorder of San Diego County on September 12,
2005 as File No. 2005-0786139.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Major Planned
Unit Development Permit Amendment as shown on Exhibit “A” - “BBB” and “A1 - A46”
dated November 2, 2005, on file in the Carlsbad Planning Department VILLAGES OF LA
COSTA RIDGE, NEIGHBORHOODS 2.3 & 2.4 - PUD 04-02(A) as provided Chapter 21.45
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of November 2005,
hold a duly noticed public hearing as prescribed by law to consider said request; and
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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 Major Planned Unit Development Permit 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.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES VILLAGES OF LA COSTA RIDGE NEIGHBORHOODS 2.3
& 2.4 SOUTH - PUD 04-02(A) based on the following findings and subject to
the following conditions:
Findings:
1. That the proposed project complies with all applicable development standards included
within Chapter 21.45 of the Carlsbad Municipal Code, and the Villages of La Costa
Master Plan in that the project is for the approval of architecture and plotting for 48
single-family detached units located on approved lots with a minimum area of
10,000 square feet. The proposed project is consistent with Chapter 21.45 of the
Carlsbad Municipal Code and all proposed homes comply with the architecture and
site planning standards of the Villages of La Costa Master Plan.
2. That the proposed project’s density, site design and architecture are compatible with
surrounding development, in that the existing surrounding residential neighborhoods
contain single-family detached homes and the future surrounding neighborhoods in
the Villages of La Costa Master Plan will be developed with single-family detached
homes.
3. The Planning Director has determined that:
a. the project is a subsequent activity of the Villages of La Costa Master Plan a
project 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)] and/or
b. this project is consistent with the Master Plan cited above; and
c. the Villages of La Costa Master Plan EIR 98-07 was certified in connection
with the prior project or plan; and
d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
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4.
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e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist;
f. 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 completed,
incorporated into the project design or are required as conditions of approval for
this Subsequent Project.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11 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.
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
Villages of La Costa Master Plan and Zone 11 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.
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
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issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s approval of this Major Planned Unit
Development Permit Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Major Planned Unit Development Permit Amendment
documents, as necessary to make them internally consistent and in conformity with the
final action on the project. Development shall occur substantially as shown on the
approved Exhibits. Any proposed development different from this approval, shall require
an amendment to this approval.
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 Major Planned Unit
Development Permit Amendment, 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 11 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
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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.
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.
Prior to the issuance of the building permits, 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 Major Planned Unit Development Permit
Amendment by Resolution No. 5992 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 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 11, 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.
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 bv the Citv. 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 proposedwnendment affects the City, City shall have the right
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 andor 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
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d.
e.
f.
€5
h.
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 fiom 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 fiom the
Owners as provided herein.
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 City
may pursue collection fiom 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
the land 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 andor to pursue lien foreclosure procedures against any
Owner and hisher respective Lot for purposes of collecting such special assessment
in accordance with the procedures set forth in Article of this Declaration.
Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be established by the HOA and set
forth in the CC&Rs.
Outdoor lighting restrictions for private residential lots located adjacent to the
HCP/OMSP shall be noted in the proposed project CC&Rs.
Educational materials regarding the sensitivity of the HCPIOMSP shall be given
to the proposed Project Residents as part of the CC&Rs. The material shall
state the importance of the conserved habitat areas and ways to avoid impacts to
them.
The proposed project CC&Rs shall provide a list of invasive plant species
prohibited from landscaping adjacent to conserved habitat areas.
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14.
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i. No combustible patio covers, decks or similar structures to homes shall occur
within the first 20 feet (Zone 1) of the 60-foot Fire Protection 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.
j. Unless the Fire Protection Zone begins at the property line, trees and shrubs
shall be prohibited in the first 20 feet of the 60-foot zone.
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.
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.
Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
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, fiture 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 issuance of building permits, the Developer shall prepare and record a Notice
that this property may be subject to noise impacts from the proposed or existing
Transportation Corridor, in a form meeting the approval of the Planning Director and
City Attorney (see Noise Form #I on file in the Planning Department).
Prior to the issuance of building permits, 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).
Developer shall post aircraft noise notification signs in all sales and/or 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).
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22.
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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.
The Developer shall comply with all the applicable conditions set forth by CT 04-03
in Resolution No. 5736 and PUD 04-02 in Resolution No. 5737, which are
incorporated by reference herein.
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, contained in
Planning Commission Resolution No. 5010, including but not limited to Mitigation
Measures regarding the adherence to the applicable foundation recommendations
contained in the geotechnical report and the fire protection plan for manufactured
slopes.
Eneineerinc
General
25. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
26. 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.
FeedAgreements
27. 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, building
permits or final map for this project, Developer shall cause Owner to execute an
Agreement to annex the subject property into City of 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.
Grading
28. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit from the City Engineer prior to issuance of any building permits. A
single precise grading plan for the entire development shall be processed in lieu of
individual plans coinciding with construction phasing.
29. 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 acceptable level
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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. 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.
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.
Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
c.
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.
b.
c.
include all content as established by the California Regional Water Quality
Control Board requirements;
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.
d.
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
Stormwater 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.
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;
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c. 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/EMPLOYEE) 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 will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable; and
identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
d.
e.
f.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
32.
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35.
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Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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 parcel map andor 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 negations to acquire such
property. The Developer shall use its best efforts to effectuate negotiated acquisition. If
unsuccessfLz1, Developer shall demonstrate to the City Engineer its best efforts, and
comply with requirements of Carlsbad Municipal Code Section 20.16.095 to notifl and
enable the City to successfully acquire said property by condemnation.
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 2nd day of November 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
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