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
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("the Property"); and
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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
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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-
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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
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