HomeMy WebLinkAbout2013-04-17; Planning Commission; Resolution 6953
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 13-01 FOR THE CONSTRUCTION
OF 4 SINGLE FAMILY HOMES ON PROPERTY GENERALLY
LOCATED ON THE NORTHEAST CORNER OF HUMMINGBIRD
ROAD AND ROCK DOVE STREET WITHIN THE MELLO I
SEGMENT OF THE LOCAL COASTAL PROGRAM AND
WITHIN LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: ROCK DOVE HOMES
CASE NO.: SDP 13-01
WHEREAS, J.D. Rock Dove, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lots 123, 124, 125 and 126 of City of Carlsbad Tract 85-35,
Aviara Phase I Unit C, in the City of Carlsbad, County of San
Diego, State of California, according to map thereof no. 12411
filed in the Office of the County Recorder of San Diego County June 29, 1989
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” – “R” dated April 3, 2013, on file in the Planning Division,
ROCK DOVE HOMES – SDP 13-01 as provided by Chapter 21.06 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on April 3, 2013 , hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
PLANNING COMMISSION RESOLUTION NO. 6953
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B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES ROCK DOVE HOMES – SDP 13-01 based on the
following findings and subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, 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 impact the site, surroundings or
traffic circulation, in that the project site has a General Plan Land Use designation of
RLM (Residential Low-Medium Density) which allows for the development of
single-family residences at a density of 0-4 dwelling units per acre with a Growth
Management Control Point (GMCP) of 3.2 dwelling units per acre. Planning Area 3
has a density of 5.4 dwelling units per acre which is above the RLM allowed density range. However, the Aviara Master Plan’s overall density was found to be
consistent with the General Plan as previously evaluated with the subdivision and
master plan approval (CT 85-35 / MP 177) and the master plan allows the
construction of one single-family home per lot in this planning area. Furthermore,
the proposed single-family homes will not be detrimental to existing uses or to uses
specifically permitted in the area in which the use is located in that, the homes are surrounded by existing residential uses and the Aviara Master Plan designates these
lots to be for single-family homes. The project complies with all development
standards of the R-1 zone and master plan and will result in no environmental
impacts. The project will not adversely impact the previously graded site,
surroundings, or traffic circulation in that the project complies with all applicable
development standards and is adequately parked onsite and will only generate 10 Average Daily Trips (ADT) per unit.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project satisfies all applicable development standards and design criteria of
the R-1 Zone and the Aviara Master Plan, including the minimum lot size (7,500
square feet).
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the proposed project complies with all of the
applicable development standards of the R-1 Zone and the Aviara Master Plan,
including setback requirements, and walls/fences and no other features are
necessary to adjust the use to existing or permitted future uses in the neighborhood.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that all of the streets for the development are
existing and have been designed to meet the applicable city development standards
and provides all required parking in compliance with all applicable city
requirements.
. . .
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5. That the City Planner has determined that the project belongs to a class of projects that
the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332 “In-fill Development
Projects” of the state CEQA Guidelines. In making this determination, the City Planner
has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do
not apply to this project.
6. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 19 and all City public facility policies and
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.
Specifically,
a. The project has been conditioned to provide proof from the Carlsbad School District
that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
7. That the project is consistent with the City’s Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).
8. 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
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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
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
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
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
or a successor in interest by the City’s approval of this Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan documents, as necessary to make them
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internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits “A” – “R” dated April 3,
2013 and Exhibit “X” (photo simulation) which is attached to this resolution. Any
proposed development, different from this approval, shall require an amendment to this
approval.
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. 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, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
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
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, directly
or indirectly, from (a) City’s approval and issuance of this Site Development Plan,
(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 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. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
6. Developer shall submit to the Planning Division a reproducible 24” x 36” mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
7. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolutions in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Building Division from the Carlsbad School District that this project has satisfied its
obligation to provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 19 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
10. This approval is granted subject to the approval of CDP 13-03 and is subject to all
conditions contained in Planning Commission Resolutions No. 6954.
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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.
12. Building permits will not be issued for this project unless the local agency providing
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.
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 Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 19, 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.
14. Prior to the issuance of building permits, the Developer shall pay to the City an
inclusionary housing impact fee as an individual fee on a per market rate dwelling unit
basis in the amount in effect at the time, as amended by City Council Resolution from
time to time.
15. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
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 City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad
has issued a Site Development Plan by Resolution No. 6953 on the property. Said
Notice of Restriction shall note the property description, 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 City Planner 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 or successor in interest.
16. Rear elevations shall be enhanced or modified in a way to provide variation from adjacent
homes. The design is subject to the approval of the City Planner and shall be reviewed
with the building permit plan check and constructed prior to occupancy.
Engineering:
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed development, must be met prior to approval of a building or
grading permit whichever comes first.
General
17. 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.
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18. This project is approved upon the express condition that building permits will not be
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
issuance and will continue to be available until time of occupancy.
19. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the
Site Plan and Conceptual Grading Plan reflecting the conditions approved by the final
decision making body. The reproducible shall be submitted to the city planner, 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 map,
whichever occurs first.
20. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this
condition.
Grading
21. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a minor grading permit for this project is required. Developer shall process grading
plans via the building permit process. Technical studies/reports may be required subject
to the city engineer’s review. Developer shall pay all applicable grading plan check and
permit fees per the city’s latest fee schedule.
22. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
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
educational practices, maintenance procedures, and other management 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. 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,
treatment control BMP, applicable hydromodification measures, and Low Impact Design
(LID) facilities.
24. Developer shall incorporate measures with this project to comply with Standard
Stormwater Requirements per the city’s Standard Urban Stormwater Management Plan
(SUSMP). These measures include, but are not limited to: 1) reducing the use of new
impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to
discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash
enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer.
. . .
. . .
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Dedications/Improvements
25. Developer shall design all proposed public improvements including but not limited to
(sewer laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters,
sewer laterals, curb drains, etc.) as shown on the site plan. These improvements shall be
shown on one of the following, subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing.
Developer shall pay plan check and inspection fees using improvement valuations in
accordance with the city’s current fee schedule. Developer shall apply for and obtain a
right-of-way permit prior to performing work in the city right-of-way.
26. Prior to issuance of building permits, developer shall install separate sewer services to
each unit proposed by this development. Sewer services shall be provided to the
satisfaction of the city engineer.
27. Developer shall cause owner to waive direct access rights by separate document prior to
the issuance of a building permit for Lot 126 abutting Rock Dove Street.
Utilities
28. Developer shall meet with the fire marshal to determine if fire protection measures (fire
flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the district engineer.
29. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
30. Developer shall install potable water services and meters at locations approved by the
district engineer. The locations of said services shall be reflected on public improvement
plans.
31. The developer shall install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
Code Reminders:
32. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
33. 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.
34. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the
Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
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.
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PASS ED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on April 17, 2013, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
Chairperson Siekmann, Commissioners L'Heureux, Montgomery,
Schumacher, Scully and Segall
Commissioner Black
~:,~rs~~
KERRY K. SIEKMANN~rson
CARLSBAD PLANNING COMMISSION
II
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ATTEST:
~?:L
DONNEU
City Planner
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Exhibit "X"
7223 Mimosa Drive
-= ==-==---====-==-=: =:::=--==
7225 Mimosa Drive
Exhibit "X"
7227 Mimosa Drive
7229 Mimosa Drive