Loading...
HomeMy WebLinkAbout2010-07-07; Planning Commission; Resolution 67111 PLANNING COMMISSION RESOLUTION NO. 6711 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 67 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 3.3 CASE NO.: PUD05-12(B) 10 WHEREAS, LC Oaks 3-3, LLC, "Developer," has filed a verified application j2 with the City of Carlsbad regarding property owned by Real Estate Collateral Management 13 Company, "Owner," described as 14 Lots 1 through 18 inclusive, Lots 36 through 79 inclusive, and 15 Lots 116 through 120, of City of Carlsbad Tract No. 05-15, La Costa Oaks North Neighborhood 3.3, in City of Carlsbad, 16 County of San Diego, State of California, according to Map thereof No. 15596, filed in the Office of the County Recorder of 17 San Diego County, August 22, 2007 18 ("the Property"); and 19 WHEREAS, said verified application constitutes a request for a Planned 20 Development Permit Amendment as shown on Exhibits "A" - "UUU" dated July 7, 2010, on 21 22 file in the Planning Department, LA COSTA OAKS NORTH 3.3, as provided by Chapter 23 21.45/21.47 of the Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did, on July 7, 2010, hold a duly noticed 25 public hearing as prescribed by law to consider said request; and 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 28 relating to the Planned Development Permit Amendment; and 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 Planning 4 c 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 3.3, based on the following findings and subject to the following conditions: 9 Findings: 10 1. The proposed project is consistent with the general plan, and complies with all applicable 11 provisions of 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 67 single-family detached units located on previously approved lots (CT 05-15) with a 13 minimum lot area of 6,000 square feet. In addition, the project achieves the General Plan's Residential Objectives through providing a variety of safe and attractive 14 housing that preserves the neighborhood atmosphere and identity of existing residential areas. The single-family residential development complies with all development standards of the Villages of La Costa Master Plan as shown on i f Attachments 6 through 9 (Tables 1 - 4). 17 2. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely 18 impact the site, surroundings, or traffic, in that the project has been designated for single-family residential development with a minimum lot size of 6,000 square feet. The single-family residential neighborhoods to the north, south and east of the site 2Q are also similar in character and density. Lands to the west of the project site will remain open-space as approved under the Villages of La Costa Master Plan. Traffic 21 has been previously analyzed for compliance through the approval of Tentative Map No. CT 05-15 and Planned Development Permit No. PUD 05-12 (Planning 22 Commission Resolutions No. 6148 and 6149). 23 3. The project will not adversely affect the public health, safety, or general welfare, in that 24 the 67 single-family residential homes have been analyzed for consistency with all applicable city codes, policies and regulations. 25 4. The project's design, including architecture and plotting: 26 a. Contributes to the community's overall aesthetic quality, in that the project consists of a high quality residential design through the use of a variety of floor plans, 2g exterior building planes, roof planes and color schemes, as well as a variety of PCRESONO. 6711 -2- design elements distinctive to the 3 proposed architectural styles: Spanish, 2 Tuscan and Santa Barbara. 3 b. Includes the use of harmonious materials and colors, and the appropriate use of landscaping, in that the project's distinctive architectural styles includes nine different color schemes with a variety of design elements such as: accent colors, t- window/door trims, roof tiling, decorative stucco, wood accents, stone veneer and wainscoting. The proposed materials and colors contribute to the distinctive 6 architectural styles while the previously approved landscaping will highlight all proposed architectural designs. 7 c. Achieves continuity among all elements of the project, in that the project's high quality architectural design helps create interest and character to the entire 9 neighborhood. Additionally, the proposed homes have been carefully plotted to avoid any identical homes (including floor plans, color scheme and architectural 10 styles) from occurring side-by-side, thereby avoiding a monotonous residential street scene yet still providing a sense of continuity through design. 12 5. 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 13 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection 14 and treatment; water; drainage; circulation; fire; schools; parks and other recreational 1 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. 16 6. That all necessary public facilities required by the Growth Management Ordinance will 17 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 19 Villages of La Costa Master Plan arid Zone 11 Local Facilities Management Plan. 20 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 21 8. The Planning Director has determined that:22 ~_ 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 24 given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the 25 purposes of CEQA; [15168(c)(2) and (e)]; and/or b. This project is consistent with the Master Plan cited above; and 2 c. The Villages of La Costa Master Plan EIR 98-07 was certified by the City Council 27 on October 23, 2001 in connection with the prior project or plan; and d. The project has no new significant environmental effect not analyzed as significant in 28 the prior EIR; and PCRESONO. 6711 -3- e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under 2 CEQA Guidelines Sections 15162 or 15163 exist; and f. The City Council finds that all feasible mitigation measures or project alternatives 3 identified in the Villages of La Costa Master Plan EIR 98-07, which are appropriate to this Subsequent Project, have been completed, incorporated into the project design or are required as conditions of approval for this Subsequent Project. 9. The Planning Commission has reviewed each of the exactions imposed on the Developer 6 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 7 degree of the exaction is in rough proportionality to the impact caused by the project. o Conditions; 9 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 10 building permit. 1., If any of the following conditions fail to occur, or if they are, by their terms, to be j2 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 13 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 14 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 16 or a successor in interest by the City's approval of this Planned Development Permit Amendment. 17 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 19 necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. 20 Any proposed development, different from this approval, shall require an amendment to this approval.21 22 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. 23 4. If any conditions for construction of any public improvements or facilities, or the 24 payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be 26 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 27 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 PCRESONO. 6711 -4- representatives, from and against any and all liabilities, losses, damages, demands, 2 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 3 Development Permit Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the t- facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 6 6. Developer shall submit and obtain Planning Director approval of a Final Landscape and 7 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 9 condition, free from weeds, trash, and debris. 10 7. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 12 8. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar 13 copy of the Site Plan reflecting the conditions approved by the final decision-making body. 14 1. 9. 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" blueline drawing 16 format. 17 10. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the San Dieguito Unified School District that this project has satisfied its obligation to provide school facilities. 19 11. This project shall comply with all conditions and mitigation measures which are required 20 as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 21 ~~ 12. The Developer shall comply with all the applicable conditions set forth by MP 98- 01(D) in Resolution No. 5837, CT 05-15 in Resolution No. 6148 and PUD 05-12 in 23 Resolution No. 6149, which are incorporated by reference herein. 24 13. 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 25 Planning Commission Resolution No. 5010, including but not limited to Mitigation Measures regarding the adherence to the applicable foundation recommendations 27 contained in the geotechnical report and the fire protection plan for manufactured slopes. 28 PCRESONO. 6711 -5- 14. This approval shall become null and void if building permits are not issued for this 2 project within 36 months from the date of project approval. 3 15. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 4 <- 16. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council 6 Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning 9 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 10 regarding those fees or taxes can be obtained. 17. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to , 2 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 13 existing schools, parks and streets. 14 18. 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. 19. Building permits will not be issued for this project unless the local agency providing 17 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the 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. 20. 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 21 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 22 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 shall become void. 24 21. Prior to the issuance of the building permits, Developer shall submit to the City a Notice 25 of Restriction executed by the owner of the real property to be developed. Said 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 27 Carlsbad has issued a Planned Development Permit Amendment by Resolution No. 6711 on the property. Said Notice of Restriction shall note the property description, 28 location of the file containing complete project details and all conditions of approval as PCRESONO. 6711 -6- well as any conditions or restrictions specified for inclusion in the Notice of Restriction. 2 The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer 3 or successor in interest. 4 Fire; 22. No combustible patio covers, decks or similar structures to homes shall occur within 6 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 1 prior to installation from the Building Department and must be identified within the CC&Rs.8 9 23. Unless the Fire Protection Zone begins at the property line, trees and shrubs shall be prohibited in the first 20 feet of the 60-foot zone and must be identified within the 10 CC&Rs. 24. All submittals including architectural submittals shall reference that all lots are to j2 include the installation of Automatic Residential Fire Sprinklers. It is expected that all submittals will reflect this requirement, so that this requirement is not lost 13 between submittals. 14 Engineering: Fees/Agreements 16 25. Developer shall cause property owner to execute and submit to the City Engineer for 17 recordation the City's standard form Drainage Hold Harmless Agreement. 18 Grading 19 26. Developer shall apply for separate grading permits for the precise grading associated with 20 the single family lot development, all to the satisfaction of the City Engineer. 21 27. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's current Standard Urban Storm Water Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant 23 to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level 24 prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: 26 A. All owners and tenants shall coordinate efforts to establish or work with established 27 disposal programs to remove and properly dispose of toxic and hazardous waste products. 28 PCRESONO. 6711 -7- B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, 2 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 3 conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, 4 County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants 6 when planning any changes to the landscaping and surface improvements. 7 28. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions 9 established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce 10 to the maximum extent practicable storm water pollutant runoff during construction of the project.11 ,,-> 29. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." 13 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego 14 Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction 16 stage of the project. At a minimum, the SWMP shall: 17 a. Identify existing and post-development on-site pollutants-of-concern. b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project. i n c. Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum 20 extent practicable before discharging offsite; d. Establish specific procedures for handling spills and routine cleanup. Special 21 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. 23 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 24 practicable. ^ 30. Developer shall incorporate Low Impact Development (LID) standards into the design of 2g this project per City Standard Urban Stormwater Management Plan (SUSMP), latest version, including applicable Regional Water Quality Control Board Orders, all to the 27 satisfaction of the City Engineer. 28 PCRESONO. 6711 -8- 31. Developer shall cause property owner to process, execute and submit an executed copy to 2 the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all 3 treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, 4 or the recordation of a final map, whichever occurs first for this Project. Code Reminders: 6 32. Developer shall exercise special care during the construction phase of this project to 7 prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 9 33. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 10 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 Plan are 11 for planning purposes only. 12 34. Developer shall pay a landscape plancheck and inspection fee as required by Section 13 20.08.050 of the Carlsbad Municipal Code. 14 35. 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. 16 36. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 17 Code Section 18.04.320. 1 ° 37. Any signs proposed for this development shall at a minimum be designed in conformance ,Q with the City's Sign Ordinance and shall require review and approval of the Planning Director to installation of such signs. 20 NOTICE 22 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 23 "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If 25 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 26 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 27 annul their imposition. 28 PCRESONO. 6711 -9- 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 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 July 7, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Douglas, Commissioners Baker, Dominguez, L'Heureux, Montgomery, Nygaard and Schumacher CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6711 -10-