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HomeMy WebLinkAbout2013-06-19; Planning Commission; Resolution 6989 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 13-02 FOR THE BUILDING FLOOR PLANS, ELEVATIONS AND PLOTTING FOR THE DEVELOPMENT OF 63 SINGLE-FAMILY DETACHED HOMES WITHIN THE LA COSTA MASTER PLAN, NEIGHBORHOOD SOUTHEAST 8A, GENERALLY LOCATED NORTH OF LA COSTA AVENUE AND EAST OF RANCHO SANTA FE ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA TOWN SQUARE 63 CASE NO.: SDP 13-02 WHEREAS, DAVIDSON BUILDERS, INC., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by DEVELOPMENT SOLUTIONS 2LAC, LLC, “Owner,” described as Parcel 4 of City of Carlsbad Minor Subdivision No. 04-08 recorded by the County Recorder of the County of San Diego on July 11, 2012 as Parcel Map No. 20982 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibits “A” – “RR” dated June 19, 2013, on file in the Planning Division, LA COSTA TOWN SQUARE 63 – SDP 13-02 as provided by the La Costa Master Plan (MP 149(U)) and Chapter 21.06 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on June 19, 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: PLANNING COMMISSION RESOLUTION NO. 6989 PC RESO NO. 6989 -2- 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES LA COSTA TOWN SQUARE 63 – SDP 13-02 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. The project has a density of 3.5 dwelling units per acre which is within the RLM allowed density range. The project’s overall density was found to be consistent with the General Plan as previously evaluated with the subdivision and La Costa Master Plan amendment approval (CT 08-03/MP 149(R)) 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 La Costa Master Plan designates these lots to be for single-family homes. The project complies with all development standards of the R-1 zone and City Council Policy 44, Neighborhood Architectural Guidelines, and will result in no environmental impacts as identified in EIR 01-02 certified by the City Council on September 15, 2009. 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 630 Average Daily Trips (ADT) which can be accommodated on the surrounding streets. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the site is General Plan Land Use designated Residential Low-Medium (RLM) and is developing at a density of 3.5 units per acre. The property is zoned R-1 for Residential Single family – 7,500 lot size minimum by the La Costa Master Plan. The project meets the development standards of the R-1 zone without the need for any modification or deviations from the development standards. 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 La Costa 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. PC RESO NO. 6989 -3- 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 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 currently being constructed and have been designed to meet the applicable city development standards. The projects 630 ADT can be adequately accommodated on the surrounding existing and proposed streets. 5. The Planning Director has determined that: a. The project is a subsequent activity of the La Costa Town Square, a project for which a project EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the project approved earlier, and that the project EIR adequately describes the activity for the purposes of CEQA; [15168(c)(2) and (e)]; and/or b. This project is consistent with the La Costa Town Square project cited above; and c. The La Costa Town Square Final EIR 01-02 was certified by the City Council on September 15, 2009 in connection with the prior project or plan; and d. The project has no new significant environmental effect not analyzed as significant in 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 f. The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the La Costa Town Square EIR 01-02, 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. 6. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 11 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 Encinitas/San Dieguito Union 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. PC RESO NO. 6989 -4- 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 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 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 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 City Planner a conforming 24” x 36” copy of the Site Plan reflecting the conditions approved by the final decision-making body. PC RESO NO. 6989 -5- 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 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Encinitas/San Dieguito Union School District that this project has satisfied its obligation to provide school facilities. 8. 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. 9. The Developer shall comply with all of the applicable conditions set forth by MP 149(R) and CT 08-03 in City Council Resolution No. 2009-213, which are incorporated by reference herein. 10. The Developer shall implement and comply with all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Final Project EIR for the La Costa Town Square – EIR 01-02, contained in Planning Commission Resolution No. 5010, including but not limited to Mitigation Measures regarding the property being located within the Stanly A. Mahr Reservoir Dam Inundation area and is subject to flooding. 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 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. 14. Prior to the issuance of the first 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. 6989 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. PC RESO NO. 6989 -6- 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 General 15. 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. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 17. 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 City Planner prior to installation of such signs. 18. New single-family residential developments containing one or more model home(s): A water efficient landscaping brochure shall be available for each group of adults visiting the model home. At a minimum, each brochure shall include information describing the water efficient features of the model’s landscaping; resources for additional information regarding water efficiency in landscaping; contact information for the local water purveyor and Planning Division; and a reference to the requirements of this landscape manual. A copy of the brochure shall be provided to the Planning Division prior to the City authorizing temporary occupancy as a model home. 19. An educational sign shall be placed in the front yard of each model home so that it is visible and readable from the roadway. The sign shall be white with black capital lettering at least two inches high and shall state “THIS MODEL HOME USES WATER EFFICIENT LANDSCAPING AND IRRIGATION”. 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. . . . . . . . . . . . . . . . . . . . . . 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 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on June 19, 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Siekmann, Commissioners Black, L'Heureux and Segall Commissioners Anderson, Schumacher and Scully • S~cvM!v KERRY K. SIEKMANN, Chairpersrin CARLSBAD PLANNING COMMISSION ATTEST: ~~ DONNEU City Planner PC RESO NO. 6989 -7-