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HomeMy WebLinkAbout2006-05-17; Planning Commission; Resolution 60861 PLANNING COMMISSION RESOLUTION NO. 6086 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR PLANNED DEVELOPMENT 4 PERMIT AMENDMENT FOR BUILDING FLOOR PLANS, ELEVATIONS, AND PLOTTING FOR THE DEVELOPMENT 5 OF 91 SINGLE-FAMILY DETACHED HOMES WITHIN THE VILLAGES OF LA COSTA, GREENS NEIGHBORHOOD 1.06, 6 GENERALLY LOCATED TO THE NORTH OF POINSETTIA LANE, AND EAST OF ALICANTE ROAD IN LOCAL 7 FACILITIES MANAGEMENT ZONE 10. CASE NAME: VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.06 9 CASE NO.: PUD 04-14(A) 10 WHEREAS, Davidson Homebuilders, LLC., "Developer," has filed a verified 11 application with the City of Carlsbad regarding property owned by Real Estate Collateral 12 Management Company, "Owner," described as 13 La Costa Greens Neighborhood 1.06 14 Lots 1-43 and 45-92 of the City of Carlsbad Tract CT 04-16, 15 Villages of La Costa - La Costa Greens - Neighborhood 1.06 in the City of Carlsbad, County of San Diego, State of California, 16 according to map no. 15052 filed in the Office of the County Recorder of San Diego County on July 27, 2005, as file 17 No. 2005-639125 18 19 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Major Planned 21 Development Permit Amendment as shown on Exhibits "A" - "YY" dated May 17, 2006, on 22 file in the Planning Department, VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 23 1.06 - PUD 04-14(A) as provided by Chapter 21.45 of the Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did, on the 17th day of May 2006, hold a 25 duly noticed public hearing as prescribed by law to consider said request; and 26 27 28 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 Major Planned Development Permit Amendment. 4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 5 Commission of the City of Carlsbad as follows: 6 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.06, based on the following findings and subject to the following conditions: 10 Findings; 11 1. That the proposed project complies with all applicable development standards included 12 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 13 91 single-family detached units located on previously approved lots with a minimum 1 . area of 6,000 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 17 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 18 homes. 19 3. The Planning Director has determined that: 20 a. The project is a subsequent activity of the Villages of La Costa Master Plan, a ~i 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 22 program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168(c)(2) and (e)]; and/or 23 b. This project is consistent with the Master Plan cited above; and 24 c. The Villages of La Costa Master Plan EIR 98-07 was certified in connection 25 with the prior project or plan; and d. The project has no new significant environmental effect not analyzed as 27 significant in the prior EIR; and 28 PCRESONO. 6086 -2- 1 e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEO A Guidelines Sections 15162 or 15163 exist; and2 « 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, 4 which are appropriate to this Subsequent Project, have been completed, incorporated into the project design or are required as conditions of approval for 5 this Subsequent Project. 6 4. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 10, and all City public facility policies and 7 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 g 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. 10 5. That all necessary public facilities required by the Growth Management Ordinance will 11 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 12 is being proposed and will be implemented consistent with the requirements of the Villages of La Costa Master Plan and Zone 10 Local Facilities Management Plan. 14 6. 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 15 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 16 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. 17 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 8 Code Section 14.28.020 and Landscape Manual Section IB). 19 8. The Planning Commission has reviewed each of the exactions imposed on the Developer 20 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 21 degree of the exaction is in rough proportionality to the impact caused by the project. 22 Conditions: 7"i Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of 24 Building Permit. 25 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 26 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 27 future building permits; deny, revoke, or further condition all certificates of occupancy 28 PC RESO NO. 6086 -3- 1 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 Development Permit Amendment. 4 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 5 and modifications to the Major Planned Development Permit Amendment documents, as necessary to make them internally consistent and in conformity with the final action on 6 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. o 3. Developer shall comply with all applicable provisions of federal, state, and local laws and o regulations in effect at the time of building permit issuance. 10 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 11 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 12 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 14 5. 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 15 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 16 or indirectly, from (a) City's approval and issuance of this Major Planned Development Permit Amendment, (b) City's approval or issuance of any permit or action, whether 17 discretionary or nondiscretionary, 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 i o facility of electromagnetic fields or other energy waves or emissions. 20 6. 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 21 body. 22 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 24 8. This project shall comply with all conditions and mitigation measures which are required 25 as part of the Zone 10 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 26 9. Building permits will not be issued for this project unless the local agency providing 27 water and sewer services to the project provides written certification to the City that 28 PCRESONO. 6086 -4- 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. 10. 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 5 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 6 development. 7 11. 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 Development Permit Amendment by Resolution No. 6086 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 \l 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 12 showing of good cause by the Developer or successor in interest. 13 12. 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 i/- 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. 17 13. Developer shall establish a homeowner's association and corresponding covenants, 18 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 19 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: 21 a. General Enforcement by the City. The City shall have the right, but not the 22 obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 23 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the 24 City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City 25 within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. In the event 27 that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the 28 PCRESONO. 6086 -5- 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 4 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 5 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 6 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 10 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 11 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 14 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 15 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 pro rata share 16 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 and/or to pursue lien foreclosure procedures against any . n 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. 20 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner 21 landscape maintenance responsibilities shall be established by the HOA and set forth in the CC&Rs. 22 f. Landscape Material Restrictions: Restrictions to landscape materials adjacent to conserved habitat areas shall be as set forth in Exhibit Invasive/exotic species not to be used include those listed on Lists A and B of the "Exotic Plants of Greatest Ecological Concern in California" adopted by the 25 California Exotic Pest Plan Council, October, 1999. 26 g. HCP/OMSP Educational Material: Exhibit describes the importance and sensitivity of the conserved habitat areas and ways to avoid impact to them. 27 28 PC RESO NO. 6086 -6- 1 h. Lighting Restrictions on Private Residential Lots; Restrictions on lighting within residential lots adjacent to open space conservation areas shall be as set forth in 2 Exhibit . 3 14. If satisfaction of the school facility requirement involves a Mello-Roos Community 4 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, 5 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 6 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. 9 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and 10 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 11 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 12 16. 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. 15 17. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 16 18. 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. 19 19. Developer shall post a sign in the sales office in a prominent location that discloses which 20 special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 21 20. Prior to the issuance of building permits, the Developer shall prepare and record a Notice 22 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 the City Attorney (see Noise Form #1 on file in the Planning Department). 24 21. Prior to the issuance of building permits, the Developer shall prepare and record a Notice 25 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 26 the City Attorney (see Noise Form #2 on file in the Planning Department). 27 28 PC RESO NO. 6086 -7- 1 22. 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 2 approved by the Planning Director (see Noise Form #3 on file in the Planning _ Department). 4 23. 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 5 Planning Director prior to installation of such signs. 6 24. The required recreation area on lot 44 shall obtain approval and begin construction prior to the occupancy of the first unit of either Neighborhood 1.06 or 1.07, whichever occurs first, and shall be approved for use prior to the occupancy of 50% of the units within Neighborhoods 1.06 and 1.07.o p 25. Prior to occupancy of any units within Neighborhood 1.06, 1,820 square feet of permanent RV storage shall be made available in La Costa Greens Neighborhood 10 1-2, or temporary RV storage shall be made available within the Village of La Costa Greens. 11 26. The Developer shall comply with all the applicable conditions set forth by CT 04-16 12 in Resolution No. 5840 and PUD 04-14 in Resolution No. 5841, which are incorporated by reference herein. j4 27. The Developer shall implement and comply with all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Final 15 Program EIR for the Villages of La Costa Master Plan - EIR 98-07. 16 Fire: 17 28. Lots 72-91 on Halite which are designated with the letters 'FR' (Fire Resistive) shall be provided with automatic fire sprinkler systems. These systems shall require the installation of one-inch water service meters with the appropriate double-check jo valves in place. 20 Code Reminders: 21 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 22 29. Developer shall pay a landscape plan check and inspection fee as required by Section 23 20.08.050 of the Carlsbad Municipal Code. 24 30. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 25 Code Section 18.04.320. 26 31. Approval of this request shall not excuse compliance with all applicable sections of the 27 28 PC RESO NO. 6086 -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 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 17th day of May 2006, by the following vote, to wit: AYES: NOES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Segall, and Whitton ABSENT: • Commissioner Heineman MARTELL B. MONTGOMERY,«Bnairperson CARLSBAD PLANNING COMMISSION DON NEU Assistant Planning Director PC RESO NO. 6086 -9-