HomeMy WebLinkAbout2013-05-01; Planning Commission; Resolution 6968
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANNED
DEVELOPMENT PERMIT PUD 12-07 FOR 32 SINGLE-
FAMILY RESIDENTIAL LOTS, FIVE (5) OPEN SPACE LOTS,
ONE (1) PRIVATE STREET LOT, THREE (3) PRIVATE DRIVE
LOTS, AND FOR THE CONSTRUCTION OF 32 DETACHED
SINGLE-FAMILY RESIDENCES ON LOTS 1-32 OF CT 12-05
ON PROPERTY GENERALLY LOCATED ON THE
NORTHWEST CORNER OF PASEO LUPINO AND RANCHO
SANTA FE ROAD, WITHIN THE LA COSTA MASTER PLAN,
NEIGHBORHOOD SE-14 AND LOCAL FACILITIES
MANAGEMENT ZONE 11.
CASE NAME: LA COSTA RESIDENTIAL
CASE NO.: PUD 12-07
WHEREAS, Taylor Morrison of California, LLC, “Developer,” has filed a
verified application with the City of Carlsbad regarding property owned by Property
Development Centers, LLC, “Owner,” described as
Parcel 1 as shown on that certain Parcel Map No. 20982 in the
Office of the County Recorder of San Diego County, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned
Development Permit as shown on Exhibits “A” - “VV” dated May 1, 2012, on file in the
Planning Division, LA COSTA RESIDENTIAL – PUD 12-07, as provided by Chapter
21.45/21.47 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 1, 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 persons desiring to be heard, said Commission considered all factors
relating to the Planned Development Permit.
PLANNING COMMISSION RESOLUTION NO. 6968
PC RESO NO. 6968 -2-
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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.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES LA COSTA RESIDENTIAL – PUD 12-07, based on the
following findings and subject to the following conditions:
Findings:
1. The proposed project is consistent with the general plan, and complies with all applicable
provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal
Code, in that as discussed in the staff report, the project is consistent with the
General Plan and all applicable development and design standards applicable to the
property as contained in C.M.C. Chapters 21.45 and 21.24, except for the minimum
lot area for Lots 2-5, 7-8, 10-12, 14-27, and 29-32 for which a variance has been
requested (V 12-02) whereby all findings can be made.
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
impact the site, surroundings, or traffic, in that the project is proposing a detached
single-family residential land use that is consistent with the existing surrounding
detached single-family residential land use; the project density of 5.54 du/ac is
consistent with the RM (4-8 du/ac) General Plan Land Use designation for the site;
all open space required by the General Plan, La Costa Master Plan, and Planned Development Ordinance is being provided; and the project generated traffic (320
ADT) is considerably less than the 1,024 ADT originally analyzed for the site under
EIR 01-02, and can be accommodated on the surrounding streets.
3. The project will not adversely affect the public health, safety, or general welfare, in that
the project has been designed to comply with all applicable development standards
to ensure compatibility with surrounding residential and commercial uses, except for the minimum lot areas for Lots 2-5, 7-8, 10-12, 14-27, and 29-32 for which a
variance has been requested (V 12-02) whereby all findings can be made.
4. The project’s design, including architecture, streets, and site layout: a) contributes to the
community’s overall aesthetic quality, b) includes the use of harmonious materials and
colors, and the appropriate use of landscaping, and c) achieves continuity among all
elements of the project, in that the project’s proposed architecture consists of
traditional contemporary styled one- and two-story single-family detached homes
with attached two-car garages. Architectural design elements include a variety of
roof planes and off-set building projections. Materials include earth tone colored
stucco; tile roofs, and decorative tile, stone, brick, and wood accents. The project
site is accessed off of a multi-loaded private street and private drives, and includes a landscaped parkway with trees, a landscaped community recreation area, improved
street hardscape/accent banding, and a variety of plant materials to enhance the
PC RESO NO. 6968 -3-
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visual appearance of the community. All elements (i.e. site layout, architecture,
landscaping) create continuity in the overall project design.
5. 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 recordation of
the final map or issuance of the grading permit, whichever occurs first.
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 Planned Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Development Permit 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. 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 Planned
Development Permit, (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,
PC RESO NO. 6968 -4-
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including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
6. Prior to the issuance of building permits, a final interior noise assessment to determine proper architectural treatments (i.e., specialized door and window
treatments) shall be required for Lots 1-10, 27, and 28 where the CNEL exceeds 60
dBA at the second story as identified in the La Costa Town Square Residential
Development Noise Study, Ldn Consulting, Inc., January 17, 2013.
7. This approval is granted subject to the approval of CT 12-05 and V 12-02 and is subject
to all conditions contained in Planning Commission Resolutions No. 6967 and 6969 for
those other approvals incorporated herein by reference.
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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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on May 1, 2013, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners Black, L'Heureux,
Montgomery, Schumacher, Scully and Segall
:: b K S~u-"AA,
KERRY K. SIEKMANN~erson
13 CARLSBAD PLANNING COMMISSION
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ATTEST:
DONNED
City Planner
PC RESO NO. 6968 -5-