HomeMy WebLinkAbout2010-09-14; City Council; Resolution 2010-2221
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"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed
by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review
must be filed in the appropriate court not later than the ninetieth day following the date on which
this decision becomes final; however, if within ten days after the decision becomes final a
request for the record is filed with a deposit in an amount sufficient to cover the estimated cost
or preparation of such record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the record is either
personally delivered or mailed to the party, or his attorney of record, if he has one. A written
request for the preparation of the record of the proceedings shall be filed with the City Clerk,
City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008."
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 14tbday of
AYES:
NOES:
. 2010, by the following vote, to wit:
Council Member? Lewi?, Kulcbin, Hall, Packard
and Blackburn
None.
ABSENT: None.
ATTEST:
l/ORRA^NE M.<W$)6D, City Cferk (J
7'(SEAL)
-2-
EXHIBIT 3
1 PLANNING COMMISSION RESOLUTION NO. 6711
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,
ELEVATIONS AND PLOTTING FOR THE DEVELOPMENT
OF 67 SINGLE FAMILY DETACHED HOMES WITHIN THE
6 VILLAGES OF LA COSTA OAKS NORTH NEIGHBORHOOD
3.3 GENERALLY LOCATED WEST OF RANCHO SANTA FE
7 ROAD, SOUTH OF MELROSE DRIVE AND NORTH OF
CADENCIA STREET IN LOCAL FACILITIES MANAGEMENT
8 . ZONE 11.
9 CASE NAME: LA COSTA OAKS, NORTH 3.3
CASE NO.: PUD05-12fB)
10
WHEREAS, LC Oaks 3-3, LLC, "Developer," has filed a verified application
12 with the City of Carlsbad regarding property owned by Real Estate Collateral Management
13 Company, "Owner," described as
14 Lots 1 through 18 inclusive, Lots 36 through 79 inclusive, and
Lots 116 through 120, of City of Carlsbad Tract No. 05-15, La
Costa Oaks North Neighborhood 3.3, in City of Carlsbad,
16 County of San Diego, State of California, according to Map
thereof No. 15596, filed in the Office of the County Recorder of
17 San Diego County, August 22, 2007
18 ("the Property"); and
19 WHEREAS, said verified application constitutes a request for a Planned
20
Development Permit Amendment as shown on Exhibits "A" - "UUU" dated July 7, 2010, on
21
22 file in the Planning Department, LA COSTA OAKS NORTH 3.3, as provided by Chapter
23 21.45/21.47 of the Carlsbad Municipal Code; and
24 WHEREAS, the Planning Commission did, on July 7, 2010, hold a duly noticed
public hearing as prescribed by law to consider said request; and
26 WHEREAS, at said public hearing, upon hearing and considering all testimony
27
and arguments, if any, of persons desiring to be heard, said Commission considered all factors28
relating to the Planned Development Permit Amendment; and
1 WHEREAS, on September 26, 2006, the City Council approved PUD 05-12, as
2
described and conditioned in City Council Resolution No. 2006-287.
3
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
4
<- Commission of the City of Carlsbad as follows:
6 A) That the foregoing recitations are true and correct.
7 B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL OF LA COSTA OAKS NORTH 3.3, based on
the following findings and subject to the following conditions:
9
Findings:
10
1. The proposed project is consistent with the general plan, and complies with all applicable
11 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 67
single-family detached units located on previously approved lots (CT 05-15) with a
13 minimum lot area of 6,000 square feet. In addition, the project achieves the General
Plan's Residential Objectives through providing a variety of safe and attractive
14 housing that preserves the neighborhood atmosphere and identity of existing
residential areas. The single-family residential development complies with all
development standards of the Villages of La Costa Master Plan as shown on
i g Attachments 6 through 9 (Tables 1 - 4).
17 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
18 impact the site, surroundings, or traffic, in that the project has been designated for
single-family residential development with a minimum lot size of 6,000 square feet.
The single-family residential neighborhoods to the north, south and east of the site
2Q are also similar in character and density. Lands to the west of the project site will
remain open-space as approved under the Villages of La Costa Master Plan. Traffic
21 has been previously analyzed for compliance through the approval of Tentative
Map No. CT 05-15 and Planned Development Permit No. PUD 05-12 (Planning
22 Commission Resolutions No. 6148 and 6149).
23 3. The project will not adversely affect the public health, safety, or general welfare, in that
24 the 67 single-family residential homes have been analyzed for consistency with all
applicable city codes, policies and regulations.
25
4. The project's design, including architecture and plotting:
26
a. Contributes to the community's overall aesthetic quality, in that the project consists
of a high quality residential design through the use of a variety of floor plans,
28 exterior building planes, roof planes and color schemes, as well as a variety of
PCRESONO. 6711 -2-
design elements distinctive to the 3 proposed architectural styles: Spanish,
2 Tuscan and Santa Barbara.
3 b. Includes the use of harmonious materials and colors, and the appropriate use of
landscaping, in that the project's distinctive architectural styles includes nine
4 different color schemes with a variety of design elements such as: accent colors,
,- window/door trims, roof tiling, decorative stucco, wood accents, stone veneer
and wainscoting. The proposed materials and colors contribute to the distinctive
6 architectural styles while the previously approved landscaping will highlight all
proposed architectural designs.
7
c. Achieves continuity among all elements of the project, in that the project's high
quality architectural design helps create interest and character to the entire
9 neighborhood. Additionally, the proposed homes have been carefully plotted to
avoid any identical homes (including floor plans, color scheme and architectural
10 styles) from occurring side-by-side, thereby avoiding a monotonous residential
street scene yet still providing a sense of continuity through design.
, ~ 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
13 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
14 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.
16
6. That all necessary public facilities required by the Growth Management Ordinance will
17 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
19 Villages of La Costa Master Plan arid Zone 11 Local Facilities Management Plan.
20 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).
21
8. The Planning Director has determined that:22 5
„» 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
24 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
25 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
27 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
28 the prior EIR; and
PCRESONO. 6711 -3-
e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under
2 CEQA Guidelines Sections 15162 or 15163 exist; and
f. The City Council finds that all feasible mitigation measures or project alternatives
3 identified in the Villages of La Costa Master Plan EIR 98-07, 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.
9. The Planning Commission has reviewed each of the exactions imposed on the Developer
6 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
7 degree of the exaction is in rough proportionality to the impact caused by the project.
g
Conditions:
9
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
10 building permit.
1., If any of the following conditions fail to occur, or if they are, by their terms, to be
12 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall ha.ve the right to
13 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
14 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
16 or a successor in interest by the City's approval of this Planned Development Permit
Amendment.
17
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Development Permit Amendment documents, as
19 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.
20 Any proposed development, different from this approval, shall require an amendment to
this approval.
21
22 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.
23
4. If any conditions for construction of any public improvements or facilities, or the
24 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
26 invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
27
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
PCRESONO. 6711 -4-
representatives, from and against any and all liabilities, losses, damages, demands,
2 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
3 Development Permit Amendment, (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.
6
6. Developer shall submit and obtain Planning Director approval of a Final Landscape and
7 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
9 condition, free from weeds, trash, and debris.
10 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
project's building, improvement, and grading plans.
12 8. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
13 copy of the Site Plan reflecting the conditions approved by the final decision-making
body.
14
9. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
16 format.
17 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
obligation to provide school facilities.
19 11. This project shall comply with all conditions and mitigation measures which are required
20 as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
21
~~ 12. The Developer shall comply with all the applicable conditions set forth by MP 98-
01(D) in Resolution No. 5837, CT 05-15 in Resolution No. 6148 and PUD 05-12 in
23 Resolution No. 6149, which are incorporated by reference herein.
24 13. The Developer shall implement and comply with all applicable mitigation measures
required by the Mitigation Monitoring and Reporting Program certified with the Final
"^ Program EIR for the Villages of La Costa Master Plan - EIR 98-07, contained in
26 Planning Commission Resolution No. 5010, including but not limited to Mitigation
Measures regarding the adherence to the applicable foundation recommendations
27 contained in the geotechnical report and the fire protection plan for manufactured
slopes.28
PCRESONO. 6711 -5-
14. This approval shall become null and void if building permits are not issued for this
2 project within 36 months from the date of project approval.
3 15. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
4
- 16. If satisfaction of the school facility requirement involves a Mello-Roos Community
Facilities District or other financing mechanism which is inconsistent with City Council
6 Policy 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
7 shall disclose to future owners in the project, to the maximum extent possible, the
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
9 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
10 regarding those fees or taxes can be obtained.
17. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
, 2 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
13 existing schools, parks and streets.
14 18. Developer shall post a sign in the sales office in a prominent location that discloses which
15 special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
16 19. Building permits will not be issued for this project unless the local agency providing
17 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.
2Q 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
21 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
22 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.
24
21. Prior to the issuance of the building permits, Developer shall submit to the City a Notice
25 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 Planning
Director, notifying all interested parties and successors in interest that the City of
27 Carlsbad has issued a Planned Development Permit Amendment by Resolution No.
6711 on the property. Said Notice of Restriction shall note the property description,
28 location of the file containing complete project details and all conditions of approval as
PCRESONO. 6711 -6-
well as any conditions or restrictions specified for inclusion in the Notice of Restriction.
2 The Planning Director 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
3 or successor in interest.
4 Fire:
22. No combustible patio covers, decks or similar structures to homes shall occur within
6 the first 20 feet (Zone 1) of the 60-foot Fire Protection Zone unless fire rated or
heavy timber materials are utilized and approval of said materials shall be obtained
7 prior to installation from the Building Department and must be identified within the
CC&Rs.
9 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
10 CC&Rs.
** 24. All submittals including architectural submittals shall reference that all lots are to
, 2 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
13 between submittals.
14 Engineering:
Fees/Agreements
16 25. Developer shall cause property owner to execute and submit to the City Engineer for
17 recordation the City's standard form Drainage Hold Harmless Agreement.
18 Grading
19 26. Developer shall apply for separate grading permits for the precise grading associated with
20 the single family lot development, all to the satisfaction of the City Engineer.
21 27. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit and the City's current Standard Urban Storm Water
Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant
23 to best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface pollutants to an acceptable level
24 prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
26 A. All owners and tenants shall coordinate efforts to establish or work with established
27 disposal programs to remove and properly dispose of toxic and hazardous waste
products.
28
PCRESONO. 6711 -7-
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze,
2 solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be
discharged into any street, public or private, or into storm drain or storm water
3 conveyance systems. Use and disposal of pesticides, fungicides, herbicides,
insecticides, fertilizers and other such chemical treatments shall meet Federal, State,
County and City requirements as prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
6 when planning any changes to the landscaping and surface improvements.
7 28. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
10 to the maximum extent practicable storm water pollutant runoff during construction of
the project.
11
29. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
13 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
14 Region of the California Regional Water Quality Control Board and City of Carlsbad
Municipal Code. The SWMP shall address measures to avoid contact or filter said
pollutants from storm water, to the maximum extent practicable, for the post-construction
stage of the project. At a minimum, the SWMP shall:
17 a. Identify existing and post-development on-site pollutants-of-concern.
b. Identify the hydrologic unit this project contributes to and impaired water bodies that
*° could be impacted by this project.
, g c. Recommend source controls and treatment controls that will be implemented with this
project to avoid contact or filter said pollutants from storm water to the maximum
20 extent practicable before discharging offsite;
d. Establish specific procedures for handling spills and routine cleanup. Special
21 considerations and effort shall be applied to (RESIDENT/EMPLOYEES) education on
the proper procedures for handling cleanup and disposal of pollutants.
e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
23 f. Identify how post-construction runoff rates and velocities from the site will not
exceed the pre-construction runoff rates and velocities to the maximum extent
24 practicable.
30. Developer shall incorporate Low Impact Development (LID) standards into the design of
this project per City Standard Urban Stormwater Management Plan (SUSMP), latest
version, including applicable Regional Water Quality Control Board Orders, all to the
27 satisfaction of the City Engineer.
28
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31. Developer shall cause property owner to process, execute and submit an executed copy to
2 the City Engineer for recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
3 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,
4 or the recordation of a final map, whichever occurs first for this Project.
Code Reminders:
6
32. Developer shall exercise special care during the construction phase of this project to
7 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
of the City Engineer.
9 33. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
10 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
1 * for planning purposes only.
12 34. Developer shall pay a landscape plancheck and inspection fee as required by Section
13 20.08.050 of the Carlsbad Municipal Code.
14 35. 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
36. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
17 Code Section 18.04.320.
37. Any signs proposed for this development shall at a minimum be designed in conformance
, o with the City's Sign Ordinance and shall require review and approval of the Planning
Director to installation of such signs.
20
NOTICE
22 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
23 "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
25 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
26 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
2' annul their imposition.
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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 July 7, 2010, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Douglas, Commissioners Baker, Dominguez,
L'Heureux, Montgomery, Nygaard and Schumacher
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PCRESONO. 6711 -10-15