HomeMy WebLinkAbout2008-05-21; Planning Commission; Resolution 64201 PLANNING COMMISSION RESOLUTION NO. 6420
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A PLANNED DEVELOPMENT PERMIT
4 AMENDMENT FOR BUILDING FLOOR PLANS,
5 ELEVATIONS AND PLOTTING FOR THE DEVELOPMENT
OF 53 SINGLE FAMILY DETACHED HOMES WITHIN THE
6 VILLAGES OF LA COSTA OAKS NORTH NEIGHBORHOOD
3.3 GENERALLY LOCATED WEST OF RANCHO SANTA FE
7 ROAD, SOUTH OF MELROSE DRIVE AND NORTH OF
CADENCIA STREET IN LOCAL FACILITIES MANAGEMENT
8 ZONE 11.
9 CASE NAME: LA COSTA OAKS, NORTH NEIGHBORHOOD
3.3.
10 CASE NO.: PUD05-12(A) ' .
1! WHEREAS, LC OAKS 3.3, LLC, "Developer," has filed a verified application
12 with the City of Carlsbad regarding property owned by Real Estate Collateral Management
13
Company, "Owner," described as
14
Lots 19 through 35 and 80 through 115 of the City of Carlsbad
tract CT 05-15, Villages of La Costa - La Costa Oaks North -
16 Neighborhood 3.3, in the City of Carlsbad, County of San
Diego, State of California, according to map thereof no. 15596
17 filed in the Office of the County Recorder of San Diego County
on August 22, 2007 as file no. 2007-0560436.18
19 ("the Property"); and
20 WHEREAS, said verified application constitutes a request for a Planned
21 Development Permit as shown on Exhibit(s) "A"-"OO" dated May 21, 2008, on file in the
22 Planning Department, LA COSTA OAKS, NORTH NEIGHBORHOOD 3.3, as provided by
23
Chapter 21.45/21.47 of the Carlsbad Municipal Code; and
24
WHEREAS, the Planning Commission did, on May 21, 2008, hold a duly noticed
25 public hearing as prescribed by law to consider said request; and
27 WHEREAS, at said public hearing, upon hearing and considering all testimony
^o •and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Planned Development Permit Amendment.
1 WHEREAS, on September 26, 2006, the City Council approved PUD 05-12, as
2
described and conditioned in City Council Resolution No. 2006-287.
3
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning4
r Commission of the City of Carlsbad as follows:
6 A) That the foregoing recitations are true and correct.
7 B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of LA COSTA OAKS NORTH
NEIGHBORHOOD 3.3, based on the following findings and subject to the
9 following conditions:
10 Findings:
11 1. That the proposed project complies with all applicable development standards included
within Carlsbad Municipal Code Chapter 21.45 and the Villages of La Costa Master Plan,
in that the project is for the approval of architecture and plotting for 53 single-
13 family detached units located on previously approved lots with a minimum area of
6,000 square feet.
14
2. That the proposed project's density, site design, and architecture are compatible with
15 surrounding development, in that there are future single-family residential
1, neighborhoods to the north, south and east of the site which are similar in character
and density. Lands to the west and southwest of the project site will remain open-
17 space as approved under the Villages of La Costa Master Plan.
18 3. The Planning Director has determined that:
1" a. the project is a subsequent activity of the Villages of La Costa Master Plan, a
~,s 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
21 program approved earlier, and that the program EIR adequately describes the
activity for the purposes of CEQA; [15168(c)(2) and (e)]; and/or
22
b. this project is consistent with the Master Plan cited above; and2j
24 c. the Villages of La Costa Master Plan EIR 98-07 was certified by the City
Council on October 23,2001 in connection with the prior project or plan; and
25
d. the project has no new significant environmental effect not analyzed as significant
26 in the prior EIR; and
27 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
28 under CEQA Guidelines Sections 15162 or 15163 exist; and
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f. The Planning Commission finds that all feasible mitigation measures or project
2 alternatives identified in the Villages of La Costa Master Plan EIR 98-07,
which are appropriate to this Subsequent Project, have been completed,
3 incorporated into the project design or are required as conditions of approval for
this Subsequent Project.
^ 4. 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
6 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.
9
5. That all necessary public facilities required by the Growth Management Ordinance will
10 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
12 Villages of La Costa Master Plan and Zone 11 Local Facilities Management Plan.
13 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).14
1, 7. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
16 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.
17
Conditions:18
j9 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
Building Permit.
20
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
22 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
23 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
24 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
26 Planned Development Permit Amendment.
27 2. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Planned 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
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approved Exhibits. Any proposed development, different from this approval, shall
2 require an amendment to this approval.
3 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
- 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
6 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,
7 this approval shall be invalid unless the City Council determines that the project
without the condition complies with all requirements of law.8
9 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,
10 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
11 City arising, directly or indirectly, from (a) City's approval and issuance of this
12 Planned Development Permit Amendment, (b) City's approval or issuance of any
permit or action, whether discretionary or nondiscretionary, in connection with the
13 use contemplated herein, and (c) Developer/Operator's installation and operation of
the facility permitted hereby, including without limitation, any and all liabilities
14 arising from the emission by the facility of electromagnetic fields or other energy
waves or emissions. This obligation survives until all legal proceedings have been
concluded and continues even if the City's approval is not validated.
16
6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
17 copy of the Site Plan reflecting the conditions approved by the final decision-making
body.18 y
in 7. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blue line drawing
20 format (including any applicable Coastal Commission approvals).
21 8. 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.
23
9. This project shall comply with all conditions and mitigation measures which are
24 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.
25 10. This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
27
11. Building permits will not be issued for this project unless the local agency providing
28 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
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the time of the application for the building permit, and that water and sewer capacity
2 and facilities will continue to be available until the time of occupancy.
3 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
4 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 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
7 shall become void.
o 13. Developer shall report, in writing, to the Planning Director within 30 days, any
address change from that which is shown on the permit application.
10 14. Prior to the issuance of the building permits, Developer shall submit to the City a
Notice of Restriction executed by the owner of the real property to be developed. Said
11 notice is 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 Planned Development Permit Amendment by
Resolution(s) No. 6420 on the property. Said Notice of Restriction shall note the
property description, location of the file containing complete project details and all
14 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
i f showing of good cause by the Developer or successor in interest.
17 15. Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape
Plan and the City's Landscape Manual. Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
20
16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
21 landscape plancheck process on file in the Planning Department and accompanied by
the project's building, improvement, and grading plans.
23 17. 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
24 rated or heavy timber materials are utilized and approval of said materials shall
be obtained prior to installation from the Building Department and must be
25 identified within the CC&Rs.
18. Unless the Fire Protection Zone begins at the property line, trees and shrubs
27 shall be prohibited in the first 20 feet of the 60-foot zone and must be identified
within the CC&Rs.
28
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19. If satisfaction of the school facility requirement involves a Mello-Roos Community
2 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
3 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
6 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.
7
20. 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
9 are distributed or made available to the public shall include but not be limited to
trails, future and existing schools, parks and streets.
10
21. The required recreation area within the Villages of La Costa Oaks
Neighborhood 3.1 on Lot 81 shall begin construction prior to the occupancy of
the first unit of Neighborhood 3.1, 3.3, 3.4, or 3.5, whichever occurs first, and
shall be available for use prior to the occupancy of 50% of the units within
13 Neighborhood 3.1, 3.3,3.4, or 3.5.
14 22. 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.
16
23. The Developer shall comply with all the applicable conditions set forth by MP
17 98-01(D) in Resolution No. 5837, CT 05-15 in Resolution No. 6148 and PUD 05-
12 in Resolution No. 6149, which are incorporated by reference herein.
, n 24. The Developer shall implement and comply with all applicable mitigation measures
required by the Mitigation Monitoring and Reporting Program certified with the Final
20 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.
23
Engineering:
24
General
25. Prior to the issuance of a building permit, the developer shall complete processing of
a lot line adjustment between lots 110, 111 and 112 as shown on the site plan.
27
Fees/Agreements28
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26. Developer shall cause property owner to execute and submit to the City Engineer for
2 recordation the City's standard form Drainage Hold Harmless Agreement.
3 Grading
27. Developer shall apply for separate grading permits for the precise grading associated
r with the single family lot development, all to the satisfaction of the City Engineer.
6 28. Developer shall comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPDES) permit and the City's current Standard
7 Urban Storm Water Mitigation Plan (SUSMP). Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
"California Storm Water Best Management Practices Handbook" to reduce surface
9 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.
1 0 Said plans shall include but not be limited to notifying prospective owners and tenants
of the following:
11
,~ 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
13 waste products.
14 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,
1 7 County and City requirements as prescribed in their respective containers.
*° C. Best Management Practices shall be used to eliminate or reduce surface pollutants
i Q when planning any changes to the landscaping and surface improvements.
20 29, 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
21 (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
23 measures to reduce to the maximum extent practicable storm water pollutant runoff
during construction of the project.
24
30. Prior to the issuance of grading permit or building permit, whichever occurs first,
25 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 R9-2007-0001 issued
27 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
28 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:
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1
2 a. Identify existing and post-development on-site pollutants-of-concern.
b. Identify the hydrologic unit this project contributes to and impaired water bodies
3 that could be impacted by this project.
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
t- maximum extent practicable before discharging offsite;
Establish specific procedures for handling spills and routine cleanup. Special
6 considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education
on the proper procedures for handling cleanup and disposal of pollutants.
e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
f. Identify how post-construction runoff rates and velocities from the site will not
exceed the pre-construction runoff rates and velocities to the maximum extent
9 practicable.
10 31. Developer shall incorporate Low Impact Development (LID) standards into the design
of this project per City Standard Urban Storm water Management Plan (SUSMP),
latest version, including applicable Regional Water Quality Control Board Orders, all
to the satisfaction of the City Engineer.
13 32. Developer shall cause property owner to process, execute and submit an executed
copy to the City Engineer for recordation a City standard Permanent Stormwater
14 Quality Best Management Practice Maintenance Agreement for the perpetual
maintenance of all treatment control, applicable site design and source control, post-
construction permanent Best Management Practices prior to the issuance of a grading
16 permit or building permit, or the recordation of a final map, whichever occurs first for
this Project.
17
Code Reminders:
18
19 33. Developer shall pay a landscape plancheck and inspection fee as required by Section
20 20.08.050 of the Carlsbad Municipal Code.
21 34. Approval of this request shall not excuse compliance with all applicable sections of
the Zoning Ordinance and all other applicable City ordinances in effect at time of
building permit issuance, except as otherwise specifically provided herein.
23.
35. The project shall comply with the latest nonresidential disabled access requirements
24 pursuant to Title 24 of the California Building Code.
36. Premise identification (addresses) shall be provided consistent with Carlsbad
Municipal Code Section 18.04.320.
27 37, Any signs proposed for this development shall at a minimum be designed in
conformance with the City's Sign Ordinance and shall require review and approval of
28 the Planning Director to installation of such signs.
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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.
9 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
12 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on May 21, 2008, by the following vote, to
15 wit:
16
AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery,
and Chairperson Whitton.
18 NOES:
19
ABSENT: Commissioner Douglas
20
ABSTAIN:21
22
23 /FRANK H. WHITTON, Chairperson
24 CARLSBAD PLANNING COMMISSION
25 ATTEST:
26 "
27
2g DON NEU
Planning Director
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