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HomeMy WebLinkAbout2010-10-20; Planning Commission; Resolution 67301 PLANNING COMMISSION RESOLUTION NO. 6730 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 80 SINGLE FAMILY DETACHED HOMES WITHIN THE 6 VILLAGES OF LA COSTA OAKS NORTH NEIGHBORHOOD 3.1 GENERALLY LOCATED WEST OF RANCHO SANTA FE 7 ROAD, SOUTH OF MELROSE DRIVE AND NORTH OF CADENCIA STREET IN LOCAL FACILITIES MANAGEMENT ZONE 11. 9 CASE NAME: LA COSTA OAKS NEIGHBORHOOD 3.1 CASE NO.: PUD 05-1KB) 10 WHEREAS, Standard Pacific Corp, "Developer," and "Owner," has filed a , 2 verified application with the City of Carlsbad regarding property described as 13 Lot 1 through 80 inclusive, of City of Carlsbad Tract 05-14, Villages of La Costa - La Costa Oaks North- Neighborhood 3.1, in the City of Carlsbad, 14 County of San Diego, State of California, according to Map thereof No. 1 15595, filed in the Office of the County Recorder of San Diego County August 22,2007 as file No. 2007-0560435 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Planned18 jg Development Permit Amendment as shown on Exhibits "A" - "XX" dated October 20, 2010, 20 on file in the Planning Department, LA COSTA OAKS NEIGHBORHOOD 3.1, as provided 21 by Chapter 21.45 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on October 20, 2010, hold a duly 23 noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 27 relating to the Planned Development Permit Amendment; and 28 WHEREAS, on September 26, 2006, the City Council approved PUD 05-11, as described and conditioned in City Council Resolution No. 2006-287. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 • A) That the foregoing recitations are true and correct.4 <- B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL OF LA COSTA OAKS NEIGHBORHOOD 6 3.1, based on the following findings and subject to the following conditions: 7 Findings: o0 1. The proposed project is consistent with the general plan, and complies with all applicable n 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 80 10 single-family detached units located on previously approved lots (CT 05-14) with a minimum lot area of 5,000 square feet. In addition, the project achieves the General 11 Plan's Residential Objectives through providing a variety of safe and attractive _ housing that preserves the neighborhood atmosphere and identity of existing residential areas. The single-family residential development complies with all 13 development standards of the Villages of La Costa Master Plan as shown on Attachments 5 through 8 (Tables 1 - 4). 14 2. The proposed project will not be detrimental to existing uses, or to uses specifically 15 permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic, in that the project has been designated for single-family residential development with a minimum lot size of 5,000 square feet. 17 The single-family residential neighborhoods to the north and west of the site are also similar in character and density. Lands to the south of the project site will remain 18 open-space as approved under the Villages of La Costa Master Plan. Traffic has been previously analyzed for compliance through the approval of Tentative Map 19 No. CT 05-14 and Planned Development Permit No. PUD 05-11 (Planning 2Q Commission Resolutions No. 6146 and 6147). 21 3. The project will not adversely affect the public health, safety, or general welfare, in that the 80 single-family residential homes have been analyzed for consistency with all 22 applicable city codes, policies and regulations. 23 4. The project's design, including architecture and plotting: 24 a. Contributes to the community's overall aesthetic quality, in that the project consists 25 of a high quality residential design through the use of a variety of floor plans, exterior building planes, roof planes and color schemes, as well as a variety of 26 design elements distinctive to the 3 proposed architectural styles: Santa Barbara Mediterranean, Craftsman Bungalow, and Italian Tuscan. 2g b. Includes the use of harmonious materials and colors, and the appropriate use of landscaping, in that the project's distinctive architectural styles includes twelve PC RESO NO. 6730 . -2- different color schemes with a variety of design elements such as: accent colors, 2 window/door trims, roof tiling, decorative stucco, wood accents, stone veneer and wainscoting. The proposed materials and colors contribute to the distinctive 3 architectural styles while the previously approved landscaping will highlight all proposed architectural designs. 4 <- c. Achieves continuity among all elements of the project, in that the project's high quality architectural design helps create interest and character for the entire 6 neighborhood. Additionally, the proposed homes have been carefully plotted to avoid any identical homes (including floor plans, color scheme and architectural 7 styles) from occurring side-by-side, thereby avoiding a monotonous residential street scene yet still providing a sense of continuity through design. 8 9 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 10 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 ^2 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. 13 6. That all necessary public facilities required by the Growth Management Ordinance will 14 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 16 Villages of La Costa Master Plan and Zone 11 Local Facilities Management Plan. 17 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). 8. The Planning Director has determined that: 2Q 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 21 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 22 purposes of CEQA; [15168(c)(2) and (e)]; and/or b. This project is consistent with the Master Plan cited above; and c. The Villages of La Costa Master Plan EIR 98-07 was certified by the City Council 24 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 25 the prior EIR; and e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and 27 f. The City Council finds that all feasible mitigation measures or project alternatives identified in the Villages of La Costa Master Plan EIR 98-07, which are 28 appropriate to this Subsequent Project, have been completed, incorporated into the project design or are required as conditions of approval for this Subsequent Project. PC RESO NO. 6730 -3- 9. The Planning Commission has reviewed each of the exactions imposed on the Developer 2 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 3 degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 6 building permit. 7 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 implemented and maintained according to their terms, the City shall have the right to 9 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 10 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 19 or a successor in interest by the City's approval of this Planned Development Permit Amendment. 13 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 14 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 approved Exhibits. 16 Any proposed development, different from this approval, shall require an amendment to this approval. 17 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. 19 4. If any conditions for construction of any public improvements or facilities, or the 20 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 21 Section 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. 23 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 24 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 City arising, 26 directly or indirectly, from (a) City's approval and issuance of this Planned Development Permit Amendment, (b) City's approval or issuance of any permit or 27 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 arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. PC RESO NO. 6730 -4- 6. Developer shall submit and obtain Planning Director approval of a Final Landscape and 2 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 3 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris.4 <- 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 6 project's building, improvement, and grading plans. 7 8. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 9 9. Developer shall include, as part of the plans submitted for any permit plancheck, a 10 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format.11 j2 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 13 obligation to provide school facilities. 14 11. This project shall comply with all conditions and mitigation measures which are 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. 16 12. The Developer shall comply with all the applicable conditions set forth by MP 98- 17 01(G) in Resolution No. 6127, CT 05-14 in Resolution No. 6146 and PUD 05-11 in Resolution No. 6147, which are incorporated by reference herein.18 in 13. 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 0 1Z1 Measures regarding the adherence to the applicable foundation recommendations ~~ contained in the geotechnical report and the fire protection plan for manufactured slopes. 23 14. This approval shall become null and void if building permits are not issued for this 24 project within 36 months from the date of project approval. 25 15. Developer shall report, in writing, to the Planning Director within 30 days, any address 26 change from that which is shown on the permit application. 27 16. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council98Policy 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 PC RESO NO. 6730 -5- shall disclose to future owners in the project, to the maximum extent possible, the 2 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 3 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 4 regarding those fees or taxes can be obtained. 17. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to 6 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 7 existing schools, parks and streets. o 18. Developer shall post a sign in the sales office in a prominent location that discloses which 9 special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 10 19. Building permits will not be issued for this project unless the local agency providing 11 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 13 facilities will continue to be available until the time of occupancy. 14 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 15 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 17 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. 18 21. 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 notice is 2Q 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 21 Carlsbad has issued a Planned Development Permit Amendment by Resolution No. 6730 on the property. Said Notice of Restriction shall note the property description, 22 location of the file containing complete project details and all 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 24 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 25 26 27 22. 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 28 heavy timber materials are utilized and approval of said materials shall be obtained PC RESO NO. 6730 -6- prior to installation from the Building Department and must be identified within the 2 CC&Rs. 3 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 4 CC&Rs. 24. All submittals including architectural submittals shall reference that all lots are to 6 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 7 between submittals. 0 Engineering: 9 Note: Unless specifically stated in the condition, all of the following conditions, upon the 10 approval of this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. 11 , ~ General 13 25. 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 14 for the proposed haul route. 26. This project is approved upon the express condition that building permits will not be jg issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit 17 issuance and will continue to be available until time of occupancy. 1 R1 ° Fees/Agreements 19 27. Developer shall cause property owner to execute and submit to the city engineer for 20 recordation the city's standard form Drainage Hold Harmless Agreement. 21 28. Developer shall cause property owner to process, execute and submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all 23 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, 24 whichever occurs first for this project. 25 Grading 26 29. Based upon a review of the proposed grading shown on the site plan, a grading permit for 27 this project is required. Developer shall prepare and submit plans and technical studies/reports, for city engineer review, and shall pay all applicable grading plan review 28 fees per the city's latest fee schedule. PC RESO NO. 6730 -7- 30. Developer shall apply for and obtain a grading permit from the city engineer. Developer 2 shall pay all applicable grading permit fees per the city's latest fee schedule and shall post security per City Code requirements. 3 31. Developer shall comply with the city's Stormwater Regulations, latest version, and shall 4 implement best management practices at all times. Best management practices include <- but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and 6 educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or 7 stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. o 9 32. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 10 33. 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 12 (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City 13 of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum 14 extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 16 34. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer 17 approval, to demonstrate how this project meets new/current storm water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the , n SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc) are drained through 20 landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. 21 35. Developer acknowledges upcoming hydromodification (runoff reduction) requirements may impact how this project treats and/or retains storm runoff. Hydromodification 23 involves detailed site design and analysis to reduce the amount of post-development run- off by mimicking the natural hydrologic function of the site, preserving natural open- 24 spaces and natural drainage channels, minimizing use of new impervious surfaces, and promoting onsite infiltration and evaporation of run-off. During final design, developer shall demonstrate compliance with storm water requirements to the satisfaction of the city 2/- engineer. 27 36. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, 28 treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. PC RESO NO. 6730 -8- 1 Utilities 2 37. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges 3 for connection to public facilities. 4 Code Reminders: 38. Developer shall exercise special care during the construction phase of this project to 6 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 7 of the City Engineer. g 39. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 9 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 10 for planning purposes only. 40. Developer shall pay a landscape plancheck and inspection fee as required by Section 12 20.08.050 of the Carlsbad Municipal Code. 13 41. 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 14 permit issuance, except as otherwise specifically provided herein. 42. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 16 Code Section 18.04.320. 17 43. 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 the Planning 1 ° Director to installation of such signs. NOTICE 20 „. 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 22 "fees/exactions." 23 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 25 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 26 annul their imposition. 27 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions ~o 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 PC RESO NO. 6730 -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 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 October 20, 2010, by the following vote, to wit: AYES: Acting Chairperson Baker, Commissioners Montgomery, Nygaard and Schumacher NOES: ABSENT: Chairperson Douglas, Commissioners Dominguez, and L'Heureux ABSTAIN: JULIE CARLS ATTEST: Acting Chairperson ANNING COMMISSION DON NEU Planning Director PC RESO NO. 6730 -10-