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HomeMy WebLinkAbout2008-09-17; Planning Commission; Resolution 64611 PLANNING COMMISSION RESOLUTION NO. 6461 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT AMENDMENT FOR 4 BUILDING ELEVATIONS AND PLOTTING FOR THE 5 DEVELOPMENT OF 85 SINGLE-FAMILY DETACHED HOMES WITHIN PLANNING AREA 16 OF THE EAST 6 VILLAGE OF THE ROBERTSON RANCH MASTER PLAN ON PROPERTY GENERALLY LOCATED NORTH OF CANNON 7 ROAD AT THE TERMINUS OF FUTURE WIND TRAIL WAY IN LOCAL FACILITIES MANAGEMENT ZONE 14. 8 CASE NAME: ROBERTSON RANCH PA 16 9 CASE NO.: PUD 06-12(A) 10 WHEREAS, Brookfield Tamarack, LLC, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Calavera Hills II, LLC, 12 "Owner," described as 13 Lots 44 through 63 inclusive; Lots 89 through 99 inclusive; Lots 117 through 14 140 inclusive; and Lots 160 through 189 inclusive; per Map No. 15682, filed in the office of the County Recorder of San Diego County as File No. 2008- 0192971 on April 11,2008 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Planned18 19 Development Permit Amendment as shown on Exhibits "A"-"KK" dated September 17, 2008, 20 on file in the Planning Department, ROBERTSON RANCH PA 16, as provided by Chapter 21 21.45 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on September 17, 2008, hold a duly 23 noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 27 relating to the Planned Development Permit Amendment; and 28 WHEREAS, on October 3, 2007, the Planning Commission recommended 2 approval of PUD 06-12, as described and conditioned in Planning Commission Resolution 3 No. 6344; and4 5 WHEREAS, on November 6, 2007, the City Council approved PUD 06-12, as 6 described and conditioned in City Council Resolution No. 2007-290. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Q Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Commission APPROVES ROBERTSON RANCH PA 16 - PUD 06-12(A), based on the following findings and subject to the following conditions: 13 Findings; 14 1. That the proposed project complies with all applicable development standards included within Carlsbad Municipal Code Chapter 21.45 and the Robertson Ranch Master Plan, in that the project is for the approval of architecture and plotting for 85 single-family detached units located on previously approved lots with a minimum area of 5,000 square feet. 17 2. That the proposed project's density, site design, and architecture are compatible with 18 surrounding development, in that there are future single-family residential neighborhoods to the north and east of the site which are similar in character and density, multi-family residential apartments are being constructed south of the site, 20 and land to the west of the project site will remain as open-space as approved under the Robertson Ranch Master Plan. 21 3. The Planning Director has determined that: 22 a. the project is a subsequent activity of the Robertson Ranch Master Plan, a project for which a program EIR was prepared, and a notice for the activity has 24 been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the 25 activity for the purposes of CEQA; [15168(c)(2) and (e)]; and/or b. this project is consistent with the Master Plan cited above; and 27 28 PC RESO NO. 6461 -2- c. the Robertson Ranch Master Plan Final Program EIR 03-03 was certified by 2 the City Council on November 14, 2006 in connection with the prior project or plan; and 3 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 6 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 Robertson Ranch Master Plan Final Program EIR 03-03, which are appropriate to this Subsequent Project, have been completed, 9 incorporated into the project design or are required as conditions of approval for this Subsequent Project. 10 4. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 14 and all City public facility policies and 12 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection 13 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. That all necessary public facilities required by the Growth Management Ordinance will 16 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 Robertson Ranch Master Plan and Zone 14 Local Facilities Management Plan.1 o 19 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 20 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. 22 Conditions; 23 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a Building Permit. 24 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 26 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 27 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 PCRESONO. 6461 -3- conditions or seek damages for their violation. No vested rights are gained by Developer 2 or a successor in interest by the City's approval of this Planned Development Permit Amendment. 3 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 ^ 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. 6 Any proposed development, different from this approval, shall require an amendment to this approval. 7 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. 9 4. If any condition for construction of any public improvements or facilities, or the payment 10 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 12 unless the City Council determines that the project without the condition complies with all requirements of law. 13 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 14 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, 16 directly or indirectly, from (a) City's approval and issuance of this Planned Development Permit Amendment, (b) City's approval or issuance of any permit or 17 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 J9 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 20 even if the City's approval is not validated. 21 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar ~~ copy of the Site Plan reflecting the conditions approved by the final decision-making body. 23 7. Developer shall include, as part of the plans submitted for any permit plancheck, a 24 reduced legible version of all approving resolution(s) in a 24" x 36" blue line drawing format (including any applicable Coastal Commission approvals). 26 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its 27 obligation to provide school facilities. 28 PCRESONO. 6461 -4- 9. This project shall comply with all conditions and mitigation measures which are required 2 as part of the Zone 14 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 3 10. 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. 11. Building permits will not be issued for this project unless the local agency providing 5 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 7 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.8 12. 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 10 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 11 Local Facilities Management Plan fee for Zone 14, 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. 13 13. Developer shall report, in writing, to the Planning Director within 30 days, any address 14 change from that which is shown on the permit application. 15 14. Prior to the issuance of the building permits, 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 Planning 17 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Planned Development Permit Amendment by Resolution(s) No. 18 6461 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. 2Q 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 21 or successor in interest. 22 15. If satisfaction of the school facility requirement involves a Mello-Roos Community ~- Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, 24 then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the 25 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 Director and shall at least include a handout and a sign inside the sales facility stating the 27 fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 28 PCRESONO. 6461 -5- 16. 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 3 existing schools, parks and streets. 17. Developer shall post a sign in the sales office in a prominent location that discloses which e- special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 6 18. Developer shall post aircraft noise notification signs in all sales and/or rental offices 7 associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). 9 19. The Developer shall comply with all the applicable conditions set forth by CT 04-26 10 in Resolution No. 6343 and PUD 06-12 in Resolution No. 6344, which are incorporated by reference herein. 20. Prior to occupancy of any residential units in PA 16, an RV storage area shall be constructed, according to the requirements of the Robertson Ranch Master Plan, to 13 serve the East Village of Robertson Ranch. 14 21. 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 Robertson Ranch Master Plan - EIR 03-03, contained in 15 Planning Commission Resolution No. 6105. 17 Engineering: 18 General 19 22. Prior to hauling dirt or construction materials to or from any proposed construction site 20 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 21 23. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards and City Landscape Manual. 23 Grading 24 24. Supplemental grading plans are required for precise grading associated with this project. Developer shall prepare, and submit for approval, grading plans for the precise grading as shown on the Site Plan all subject to City Engineer approval. 27 25. Developer shall apply for and obtain a grading permit from the City Engineer. Developer shall pay all applicable grading permit fees per the City's latest fee schedule and shall post security per City Code requirements. PCRESONO. 6461 -6- 26. Developer shall comply with the City's Stormwater Regulations, latest version, and 2 shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion 3 control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to i- stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the 6 above requirements. 7 27. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, Developer shall also submit the appropriate Tier level Storm Water 9 Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. 10 28. Developer shall incorporate Low Impact Development (LID) design techniques, on '1 all final design plans submitted to the City, to reduce the amount of run-off by , ~ mimicking the natural hydrologic function of the site by preserving natural open- spaces and natural drainage channels, minimizing impervious surfaces, promoting 13 infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact 14 Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 17 Code Reminders: 29. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 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 20 for planning purposes only. 30. 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 22 permit issuance, except as otherwise specifically provided herein. 31. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 32. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 33. 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 Planning 27 Director prior to installation of such signs. 28 PCRESONO. 6461 -7- NOTICE 2 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 3 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 4 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 7 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 8 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, 10 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 11 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired.12 V 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning 14 Commission of the City of Carlsbad, California, held on September 17, 2008, by the following 15 vote, to wit: AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery, 17 and Chairperson Whitton 18 NOES: 19 ABSENT: 20 ABSTAIN: Commissioner Douglas 21 22 ^RANKH. WHITTON, Chairperson 23 CARLSBAD PLANNING COMMISSION 24 25 ATTEST: 26 27 DON NEU 28 Planning Director PC RESO NO. 6461 -8-