HomeMy WebLinkAbout2007-08-15; Planning Commission; Resolution 63271 PLANNING COMMISSION RESOLUTION NO. 6327
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
PLANNED DEVELOPMENT PERMIT TO ALLOW FOR A
4 THREE-LOT SUBDIVISION LOCATED ON THE SOUTH SIDE
5 OF OAK AVENUE BETWEEN PIO PICO DRIVE AND
HIGHLAND DRIVE IN LOCAL FACILITIES MANAGEMENT
6 ZONE1.
CASE NAME: O'GARA DEVELOPMENT
7 CASE NO.: PUD 06-05
8 WHEREAS, Michael D. O'Gara & Vicki B. O'Gara, "Developer/Owner," has
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filed a verified application with the City of Carlsbad regarding property described as
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The northwesterly half of Lot 5 of subdivision of Tracts 114
and 120 of Carlsbad Lands, in the City of Carlsbad, County of
12 San Diego, State of California, according to map thereof no.
1744 filed in the Office of the County Recorder of San Diego
13 County, January 3,1923
14 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Planned
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Development Permit as shown on Exhibits "A" - "I" dated August 15, 2007, on file in the
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Planning Department, PUD 06-05 - O'GARA DEVELOPMENT, as provided by Chapter18
j 9 21.45/21.47 of the Carlsbad Municipal Code; and
20 WHEREAS, the Planning Commission did, on the 15th day of August, 2007,
21 hold a duly noticed public hearing as prescribed by law to consider said request; and
22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
26 B) That based on the evidence presented at the public hearing, the Commission
APPROVES PUD 06-05 - O'GARA DEVELOPMENT, based on the following
27 findings and subject to the following conditions:
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Findings;
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1. The proposed project is consistent with the General Plan Land Use designation in that,
3 the property is RM (Residential Medium) Density allowing residential development at a
density range of 4-8 dwelling units per acre with a Growth Management Control Point
(GMCP) of 6 dwelling units per acre. The project's proposed density of 4.76 dwelling
units is within the RM density range, but it is below the RM GMCP of 6 dwelling units
per acre used for the purpose of calculating the City's compliance with Government Code
6 Section 65863. At the GMCP, 2.52 dwelling units would be permitted on this .42 net
developable acre property. However, consistent with Program 3.8 of the City's certified
7 Housing Element, all of the dwelling units which were anticipated toward achieving the
City's share of the regional housing need that are not utilized by developer in approved
projects, including fractional units (.52 dwelling units), are deposited in the City's Excess
9 Dwelling Unit Bank. These excess dwelling units are available for allocation to other
projects. Accordingly, there is no net loss of residential unit capacity and there are
10 adequate properties identified in the Housing Element allowing residential development
with a unit capacity, including second dwelling units, adequate to satisfy the City's share
of the regional housing need.
12 That the proposed project complies with all applicable development standards included
13 within this chapter, in that as discussed in the staff report, the proposed project of two
planned development units on the subject site conforms to all the design and
14 development standards applicable to the property as contained in Chapter 21.45 of
the Carlsbad Municipal Code.
3. That the proposed project's density, site design, and architecture are compatible with
surrounding development, in that the surrounding developments are developed at
17 different densities and with a variety of architectural styles which do not have a
predominate style which would conflict with the architectural style proposed.
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4. The Planning Commission has reviewed each of the exactions imposed on the Developer
19 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.
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Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
recordation or issuance of a grading permit, whichever comes first.
24 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
25 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; record a notice of violation on the
28 property title; institute and prosecute litigation to compel their compliance with said
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conditions or seek damages for their violation. No vested rights are gained by Developer
2 or a successor in interest by the City's approval of this Planned Unit Development.
3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Unit Development documents, as necessary to make
4 them internally consistent and in conformity with the final action on the project.
t- Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
7 regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment
9 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
10 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.
12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands,
14 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, (b) City's approval or issuance of any permit or action, whether
16 discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
17 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
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1Q 6. 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
20 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
21 facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
~~ 7. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
24 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
25 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:26
27 a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
28 favor of, or in which the City has an interest.
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b. Notice and Amendment. A copy of any proposed amendment shall be provided to
2 the 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
3 transmitted to City within 30 days for the official record.
4 c. Failure of Association to Maintain Common Area Lots and Easements. In the
i- event that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section
6 the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
7 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
9 (30) days from the giving of such notice. In the event that the Association fails to
carry out such maintenance of the Common Area Lots and/or Association's
10 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
1 * reimbursement with respect thereto from the Owners as provided herein.
12 d. Special Assessments Levied by the City. In the event the City has performed the
13 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
14 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
16 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
17 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
, Q 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 from the Association by
20 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
21 the City, the City may levy a special assessment against the Owners of each Lot in
the Project for an equal pro rata share of the invoice, plus the late charge. Such
special assessment shall constitute a charge on the land and shall be a continuing
23 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
24 assessment, to impose a lien upon their respective Lot and to bring all legal
actions and/or to pursue lien foreclosure procedures against any Owner and
5 his/her respective Lot for purposes of collecting such special assessment in
2g accordance with the procedures set forth in Article of this Declaration.
27 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in Exhibit
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8. This approval is granted subject to the approval of SDP 06-09 and is subject to all
2 conditions contained in Planning Commission Resolutions No. 6326 for those other
approvals incorporated herein by reference.
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9. This approval is granted subject to the approval of MS 06-09 and is subject to the City
Engineer's approval.
5 Engineering
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Note: Unless specifically stated in the condition, all of the following engineering conditions
7 must be met prior to approval of a precise grading permit or building permit whichever
„ occurs first.o
9 10. This approval is subject to the approval of MS 06-09, O'Gara Minor Subdivision, and is
subject to all conditions contained in the letter of approval of said minor subdivision.
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11. Developer shall provide to the City Engineer, an acceptable means, for maintaining the
private easements within the subdivision and all the private improvements.
12 12. Prior to hauling dirt or construction materials to or from this project, the developer shall
13 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
14 impose with regards to the hauling operation.
13. The developer shall pay all current fees and deposits required.
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14. Based upon a review of the proposed grading and the grading quantities shown on the site
17 development plan, a grading permit for this project is required. (A precise grading plan
and grading permit will be required for the proposed development).
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19 15. 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
20 the private improvements: driveways, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
21 among the owners of the properties within the subdivision.
22 16. Developer shall cause property owner to execute, record and submit a recorded copy to
23 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
24 acceptable to the City Engineer and shall:
25 A. Clearly delineate the limits of the drainage course;
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B. State that the drainage course is to be maintained in perpetuity by the underlying
27 property owner; and
98 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
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damage to the underlying and adjacent properties or the creation of a public
2 nuisance.
3 17. 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.
18. Developer shall comply with the City's requirements of the National Pollutant Discharge
6 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
9 and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective tenants of the following:
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A. All residents shall coordinate efforts to establish or work with established disposal
1 programs to remove and properly dispose of toxic and hazardous waste products.
12 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
13 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
14 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
16 containers.
17 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
20 storm drain. Required maintenance of the BMPs and the maintenance
interval will be specified for each BMP.
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Code Reminders
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__ 19. 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
24 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
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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 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 15th day of August, 2007, by the
following vote, to wit:
AYES:
NOES:
Chairperson Baker, Commissioners Boddy, Cardosa, Douglas,
Montgomery, and Whitton
ABSENT: Commissioner Dominguez
ABSTAIN:
JULIE BA
CARLSB
ATTEST:
Xtrirparson
NNING COMMISSION
DON NEU
Planning Director
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