HomeMy WebLinkAbout2008-07-16; Planning Commission; Resolution 64381 PLANNING COMMISSION RESOLUTION NO. 6438
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
PLANNED DEVELOPMENT PERMIT AMENDMENT FOR
4 BUILDING FLOOR PLANS, ELEVATIONS AND PLOTTING
5 FOR THE DEVELOPMENT OF 43 SINGLE-FAMILY
DETACHED HOMES AND THE DEVELOPMENT OF ONE
6 RECREATIONAL LOT WITHIN THE VILLAGES OF LA
COSTA OAKS NEIGHBORHOOD 3.7 GENERALLY
7 LOCATED EAST OF RANCHO SANTA FE ROAD AT THE
TERMINUS OF AVENIDA SOLEDAD IN LOCAL FACILITIES
8 MANAGEMENT ZONE 11.
9 CASE NAME: LA COSTA OAKS, NORTH
NEIGHBORHOOD 3.7
10 CASE NO.: PUD 06-06(A)
11 WHEREAS, LC OAKS 3.7, 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 1 through 43 and 47 of the City of Carlsbad Tract CT 06-
06, Villages of La Costa - La Costa Oaks North -
16 Neighborhood 3.7, 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 December 3,2007 as file no. 2007-0750674.18
19 ("the Property"); and
20 WHEREAS, said verified application constitutes a request for a Planned
21 Development Permit as shown on Exhibit(s) "A"-"GG" dated July 16, 2008, on file in the
22 Planning Department, LA COSTA OAKS, NORTH NEIGHBORHOOD 3.7, as provided by
23
Chapter 21.45/21.47 of the Carlsbad Municipal Code; and
24
WHEREAS, the Planning Commission did, on July 16, 2008, hold a duly noticed
26 public hearing as prescribed by law to consider said request; and
27 WHEREAS, at said public hearing, upon hearing and considering all testimony
2° 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 April 4, 2007, the Planning Commission approved PUD 06-06,
2
as described and conditioned in Resolution No 6269.
3
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
4
r 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
APPROVES LA COSTA OAKS NORTH NEIGHBORHC
the following findings and subject to the following conditions:
9..
Findings:
10
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,
1 _ in that the project is for the approval of building floor plans, elevations and plotting
for the development of 43 single-family detached units with a minimum lot area of
13 3,500 square feet and for the development of one recreational lot all of which are
located on previously approved lots.
14
2. That the proposed project's density, site design, and architecture are compatible with
surrounding development, in that there is existing Residential - Medium Density land
, , uses to the northwest. To the southwest is an existing reclaimed water reservoir and
to the east and southeast is open space as approved under the Villages of La Costa
17 Master Plan.
18 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
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; and
£3
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
PCRESONO. 6438 -2-
f. The City Council 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
5 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 IB).14
, , 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
19 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
21 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
PCRESONO. 6438 -3-
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. Developer shall implement, or cause the implementation of, the Villages of La Costa
Master Plan EIR 98-07 Project Mitigation Monitoring and Reporting Program.
5. 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,
9 this approval shall be invalid unless the City Council determines that the project
without the condition complies with all requirements of law.
10
6. 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
13 City arising, directly or indirectly, from (a) City's approval and issuance of this
Planned Development Permit Amendment, (b) City's approval or issuance of any
14 permit or action, whether 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
16 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
17 concluded and continues even if the City's approval is not validated.
1 O 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
i n copy of the Site Plan reflecting the conditions approved by the final decision-making
body.
20
8. 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
22 format (including any applicable Coastal Commission approvals).
23 9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Unified and San Dieguito Unified School Districts that
24 this project has satisfied its obligation to provide school facilities.
25 10. This project shall comply with all conditions and mitigation measures which are
26 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.
27
11. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
PCRESONO. 6438 -4-
12. Building permits will not be issued for this project unless the local agency providing
2 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
3 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.
4
13. Developer shall pay the Citywide Public Facilities Fee imposed by City Council
Policy #17, the License Tax on new construction imposed by Carlsbad Municipal
6 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
7 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
Q shall become void.
10 14. Developer shall report, in writing, to the Planning Director within 30 days, any
address change from that which is shown on the permit application.
11
15. 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
13 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
14 the City of Carlsbad has issued a Planned Development Permit Amendment by
Resolution No. 6438 on the property. Said Notice of Restriction shall note the
property description, location of the file containing complete project details and all
i /- 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
17 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.
18
Q 16. Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape
20 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
21 healthy and thriving condition, free from weeds, trash, and debris.
22 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
23 landscape plancheck process on file in the Planning Department and accompanied by
the project's building, improvement, and grading plans.
24
25 18. 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
27 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
28 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
PC RESO NO. 6438 -5-
approval of the Planning Director and shall at least include a handout and a sign
2 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.
3
19. 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.
6
20. The required recreation area within the Villages of La Costa Oaks
7 Neighborhood 3.7 on Lot 47 shall begin construction prior to the occupancy of
the first unit and shall be available for use prior to the occupancy of 50% of all
of the units (the 22nd unit).
9
21. Developer shall post a sign in the sales office in a prominent location that discloses
10 which special districts and school district provide service to the project. Said sign
shall remain posted until ALL of the units are sold.
11
22. The Developer shall comply with all the applicable conditions set forth by MP
98-01(G) in Resolution No. 5837, CT 06-06 in Resolution No. 6268 and PUD 06-
13 06 in Resolution No. 6269, which are incorporated by reference herein.
14 23. 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
16 Planning Commission Resolution No. 5010, including but not limited to Mitigation
Measures regarding the adherence to the applicable foundation
17 recommendations contained in the geotechnical report and the fire protection
plan for manufactured slopes.18 F F
19 Fire:
20 24. 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 and must be
identified within the CC&Rs.
23
25. Unless the Fire Protection Zone begins at the property line, trees and shrubs
24 shall be prohibited in the first 20 feet of the 60-foot zone and must be identified
within the CC&Rs.25 26. All submittals including architectural submittals shall reference that all lots are
to include the installation of Automatic Residential Fire Sprinklers. PUD
Amended Sheet 1, Item 19 states "All lots are required to have automatic fire
27 sprinklers", it is expected that all submittals will reflect this requirement, so that
this requirement is not lost between submittals.
28
PC RESO NO. 6438 -6-
Engineering:
2
General
3
27. 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.
6 28. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy
of the Site Plan and Fencing Plan reflecting the conditions approved by the final
7 decision making body. The reproducible shall be submitted to the Planning Director,
reviewed and, if acceptable, signed by the City's project engineer and project planner
prior to submittal of the building plans, improvement plans, grading plans, or final
9 map, whichever occurs first.
10 29. Developer shall install sight distance corridors at all street intersections and driveways
in accordance with City Engineering Standards and the Landscape Manual.
Grading
13 30. 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 prepare and
14 submit plans and technical studies/reports, for City Engineer review, and shall pay all
applicable grading plan review fees per the City's latest fee schedule.
31. Developer shall apply for and obtain a grading permit from the City Engineer.
Developer shall pay all applicable grading permit fees per the City's latest fee
17 schedule and shall post security per City Code requirements.
1 &32. Developer shall comply with the City's Stormwater Regulations, latest version, and
, Q shall implement best management practices at all times. Best management practices
include but are not limited to pollution treatment practices or devices, erosion control
20 to prevent silt runoff during construction, general housekeeping practices, pollution
prevention and educational practices, maintenance procedures, and other management
21 practices or devices to prevent or reduce the discharge of pollutants to stormwater,
receiving water or stormwater conveyance system to the maximum extent practicable.
Developer shall notify prospective owners and tenants of the above requirements.
23
33. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
24 receipt of a Notice of Intention from the State Water Resources Control Board.
34. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention
Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current
27 requirements and provisions established by the San Diego Region of the California
Regional Water Quality Control Board and City of Carlsbad Requirements. The
28 TIER 3 SWPPP shall address measures to reduce to the maximum extent practicable
storm water pollutant runoff during construction of the project.
PCRESONO. 6438 -7-
35. Developer shall submit for City approval a "Storm Water Management Plan
2 (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad
Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued
3 by the San Diego Region of the California Regional Water Quality Control Board and
City of Carlsbad Municipal Code all to the satisfaction of the City Engineer.
4
- 36. Developer shall incorporate Low Impact Development (LID) design techniques, on all
final design plans submitted to the City, to reduce the amount of run-off by
6 mimicking the natural hydrologic function of the site by preserving natural open-
spaces and natural drainage channels, minimizing impervious surfaces, promoting
7 infiltration and evaporation of run-off before run-off leaves the site. Developer shall
incorporate LID techniques using current County of San Diego Low Impact
Development Handbook (Stormwater Management Strategies). LID techniques
9 include, but are not limited to: vegetated swale/strip, rain gardens, and porous
pavement, which can greatly reduce the volume, peak flow rate, velocity and
10 pollutants.
Code Reminders;
12 The project is subject to all applicable provisions of local ordinances, including but not limited to
13 the following:
14 37. 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
1 g satisfaction of the City Engineer.
17 38. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average
Daily Trips (ADT) and floor area contained in the staff report and shown on the Site
I n Plan are for planning purposes only.
20 39. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
21
40. 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
23 building permit issuance, except as otherwise specifically provided herein.
24 41. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
26 42. Premise identification (addresses) shall be provided consistent with Carlsbad
Municipal Code Section 18.04.320.
27
43. Any signs proposed for this development shall at a minimum be designed in
28 conformance with the City's Sign Ordinance and shall require review and approval of
the Planning Director prior to installation of such signs.
PCRESONO. 6438 -8-
1 NOTICE
2
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."
5 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
g 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
11 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 July 16, 2008, by the following vote, to
15 wit:
16
AYES: Commissioners Baker, Boddy, Dominguez, Douglas, Montgomery,
*' and Chairperson Whitton
18 NOES:
19
ABSENT: Commissioner Cardosa
20
ABSTAIN:21
22
23 /RANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
24"
25 ATTEST:
26
27
28 DON NEU
Planning Director
PC RESO NO. 6438 -9-