HomeMy WebLinkAbout2007-10-03; Planning Commission; Resolution 63471 PLANNING COMMISSION RESOLUTION NO. 6347
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 06-06 TO ALLOW FOR THE
4 CONSTRUCTION OF A PRIVATE COMMUNITY
5 RECREATION AREA ON 2.02 ACRES WITHIN PLANNING
AREA 19 IN THE EAST VILLAGE OF ROBERTSON RANCH
6 ON PROPERTY GENERALLY LOCATED NORTH OF
CANNON ROAD, WEST OF COLLEGE BOULEVARD AND
7 EAST OF FUTURE WIND TRAIL WAY IN LOCAL
FACILITIES MANAGEMENT ZONE 14.
8 CASE NAME: ROBERTSON RANCH PA 19
9 CASE NO.: SDP 06-06
10 WHEREAS, Calavera Hills II, LLC, "Owner/Developer," has filed a verified
application with the City of Carlsbad regarding property described as
12 Lot 6 of Carlsbad Tract No. 02-16, in the City of Carlsbad,
13 County of San Diego, State of California, according to Map
thereof No. 15608 filed in the Office of the County Recorder of
14 San Diego County, September 18,2007 as instrument No. 2007-
0612802 of Official Records.
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Site Development
18 Plan as shown on Exhibits "A" - "K" dated October 3, 2007, on file in the Planning
19 Department, ROBERTSON RANCH PA 19 - SDP 06-06 as provided by Chapter 21.06/Section
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21.53.120 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 3rd day of October, 2007,
23 hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all
25 testimony and arguments, if any, of all persons desiring to be heard, said Commission
26 considered all factors relating to the Site Development Plan.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Planning
3 Commission APPROVES ROBERTSON RANCH PA 19 - SDP 06-06 based
on the following findings and subject to the following conditions:4
r 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
7 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 construction of the community recreation area in PA 19
satisfies the Master Plan requirement to develop a private recreation area for the
residents of the East Village of Robertson Ranch concurrent with the development
10 of PA's 16,17 and 18 and that the recreation area has been designed to minimize, to
the greatest extent possible, impacts on adjacent residential properties.
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2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the Robertson Ranch Master Plan requires PA 19 to be developed as a
community recreation area containing a minimum of 1.0 net acres which contains
private recreation facilities to serve all the residents of the East Village of Robertson
14 Ranch. The Master Plan allows the East Village residential planning areas to satisfy
a portion of their community recreation area requirements by increasing the
acreage in PA 19. As proposed, the recreation area would require an increase in
, fi size of 0.53 net acres for a total recreation area requirement of 1.53 acres in PA 19.
The proposed facilities are located on a 2.02 acre site (1.58 net acres) and include a
17 pool, children's wading pool, spa, pool house, sand volleyball court, play structure,
turf areas, barbeque areas and outdoor fireplace.
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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 recreation area has been designed to minimize, to
the greatest extent possible, impacts on adjacent residential properties by placing 6-
21 foot high decorative solid block walls where private side and rear yards abut the
park; by providing vertical grade separations between residences and active
22 facilities; by using shrub masses adjacent to residential lots to act as an additional
buffer between residences and active play areas; and by including a condition to
ensure that all lighting shall be designed to reflect downward and avoid any impacts
24 on adjacent homes or property.
25 4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the private community recreation area is
26 centrally located within the East Village, the community trail system links the
adjacent neighborhoods with the park site, and seven (7) on-site vehicle parking
spaces are provided in addition to on-street parking spaces.
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5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
2 Code Section 14.28.020 and Landscape Manual Section I B).
3 6. 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
4 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.
c Conditions:
7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building or grading permit.
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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
10 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
11 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
i -3 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.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
15 and modifications to the Site Development Plan documents, as necessary to make them
1 , 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,
17 different from this approval, shall require an amendment to this approval.
18 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.
20 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
21 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
22 unless the City Council determines that the project without the condition complies with
7, all requirements of law.
24 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
25 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,
27 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
28 (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
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facility of electromagnetic fields or other energy waves or emissions. This obligation
2 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
^ the Site Plan reflecting the conditions approved by the final decision-making body.
7. This approval is granted subject to the approval of CT 04-26, PUD 06-12, PUD 06-13
6 and PUD 06-14 and is subject to all conditions contained in Planning Commission
Resolutions No. 6343, 6344, 6345, and 6346 for those other approvals incorporated
7 herein by reference.
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8. Developer shall submit and obtain Planning Director approval of a Final Landscape and
9 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
10 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris. The Final Plans shall incorporate the
following items:
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a. Slopes 6:1 and steeper adjacent to a public walk or street with vertical
13 heights of 3 feet or less shall be treated with slope revegetation standard
number 1.14
, 5 b. Tristania conferta shall not be used within turf areas or parkways.
16 9. 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
17 project's building, improvement, and grading plans.
18 10. Prior to occupancy of the first dwelling unit within Planning Areas 16, 17, or 18, the
19 Developer shall provide all required passive and active recreational areas within Phase I
of the community recreation area per the approved plans, including landscaping and
20 recreational facilities. Phase II shall be completed prior to occupancy of the
residences on Lots 20, 34, 73 and 151 in PA 17 that abut the recreation area located
within Lot 305 of CT 04-26, or, prior to the 100th occupancy of any of the market-
22 rate units within the East Village of Robertson Ranch, whichever occurs first.
23 11. Prior to the issuance of the grading 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
24 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
Carlsbad has issued a Site Development Plan by Resolution No. 6347 on the property.
26 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
27 conditions or restrictions specified for inclusion in the Notice of Restriction. 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
or successor in interest.
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12. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
2 including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
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13. Developer shall construct, install, and stripe not less than seven (7) parking spaces, as
4 shown on Exhibit "D".
5 Engineering
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General
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14. 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
9 for the proposed haul route.
10 Fees/Agreements
15. Developer shall cause property owner to execute and submit to the City Engineer for
12 recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
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Grading
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. - 16. Based upon a review of the proposed grading and the grading quantities shown on the
Tentative Map, a grading permit for this project is required. Developer shall apply for and
16 obtain a grading permit from the City Engineer prior to issuance of a building permit.
17 17. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer a
receipt of a Notice of Intention from the State Water Resources Control Board.18
19 18. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit and the City's Standard Urban Storm Water
20 Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to
best management practices as referenced in the "California Storm Water Best
21 Management Practices Handbook" to reduce surface pollutants to an acceptable level
~~ 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
23 limited to notifying prospective employees, owners and tenants of the following:
24 A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
26 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
27 antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
2° or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
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Federal, State, County and City requirements as prescribed in their respective
2 containers.
3 C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
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<- 19. 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
6 (SWPPP)." The SWPPP shall be in compliance with current requirements and
provisions established by the San Diego Region of the California Regional Water Quality
7 Control Board and City of Carlsbad Requirements. The SWPPP shall address measures
to reduce to the maximum extent practicable storm water pollutant runoff during
construction of the project.
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20. Prior to the issuance of a Building Permit, the Developer shall incorporate Low
10 Impact Development (LID) features to limit new impervious area, encourage
infiltration of run-off, and limit post development pollutants by this project to the
maximum extent practicable all to the satisfaction of the Planning Director,
12 Building Department, and City Engineer.
13 Utilities
14 21. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
1 - for connection to public facilities.
16 22. The Developer shall design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning
17 Department for processing and approval by the District Engineer.
1° Code Reminders
19 The project is subject to all applicable provisions of local ordinances, including but not limited to
20 the following:
21 23. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the Tentative Map are for planning purposes only. Developer shall pay traffic impact and
22 sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad
2-3 Municipal Code, respectively.
24 24. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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25. 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
27 permit issuance, except as otherwise specifically provided herein.
28 26. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the State Building Code.
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27. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
2 Code Section 18.04.320.
28. Any signs proposed for this development shall at a minimum be designed in conformance
3 with the City's Sign Ordinance and the Robertson Ranch Master Plan and shall require
review and approval of the Planning Director prior to installation of such signs.
5 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."
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
9 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.
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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,
1 . 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
15 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
2 Commission of the City of Carlsbad, California, held on the 3rd day of October 2007, by the
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following vote, to wit:
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<- AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, Montgomery, and Whitton
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NOES:
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ABSENT:8
9 ABSTAIN:
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12 JULIE BAKER, Chairperson
13 CARLSBAD PLANNING COMMISSION
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ATTEST:
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17 DONNEU
Planning Director
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