HomeMy WebLinkAbout2013-06-19; Planning Commission; Resolution 6989
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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-
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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.
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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-
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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-
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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-
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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.
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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-