HomeMy WebLinkAbout2008-09-17; Planning Commission; Resolution 64621 PLANNING COMMISSION RESOLUTION NO. 6462
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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 110 SINGLE-FAMILY DETACHED
HOMES WITHIN PLANNING AREA 18 OF THE EAST
6 VILLAGE OF THE ROBERTSON RANCH MASTER PLAN ON
PROPERTY GENERALLY LOCATED WEST OF THE
7 INTERSECTION OF COLLEGE BOULEVARD AND CANNON
ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 14.
8 CASE NAME: ROBERTSON RANCH PA 18
9 CASE NO.: PUD Q6-14(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
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Lots 195 through 304 inclusive per Map No. 15682, filed in the office of the
14 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 Planned
18 Development Permit Amendment as shown on Exhibits "A"-"OO" dated September 17, 2008,
19 on file in the Planning Department, ROBERTSON RANCH PA 18, as provided by Chapter
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21.45 of the Carlsbad Municipal Code; and
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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
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
26 relating to the Planned Development Permit Amendment; and
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WHEREAS, on October 3, 2007, the Planning Commission recommended
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approval of PUD 06-14, as described and conditioned in Planning Commission Resolution
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No. 6346; and
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5 WHEREAS, on November 6, 2007, the City Council approved PUD 06-14, as
6 described and conditioned in City Council Resolution No. 2007-290.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
11 APPROVES ROBERTSON RANCH PA 18 - PUD 06-14(A), based on the
j2 following findings and subject to the following conditions:
13 Findings:
14 l. 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 110 single-family
j g detached units located on previously approved lots having a minimum area of 4,500
square feet for lots adjacent to the Cannon Road, and a minimum of 5,000 square
17 feet for lots in the remainder of PA 18.
18 2. That the proposed project's density, site design, and architecture are compatible with
surrounding development, in that there are future single-family residential
neighborhoods to the north and west of the site which are similar in character and
20 density, single-family detached condominiums are approved for development on
property located southwest of the site, and lands to the south and east of the site,
21 which are located beyond the arterial roadways bordering the property, will remain
as open-space as approved under the Robertson Ranch Master Plan.
3. The Planning Director has determined that:
24 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
25 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
26 activity for the purposes of CEQA; [15168(c)(2) and (e)]; and/or
27 b. this project is consistent with the Master Plan cited above; and
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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
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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
7 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.
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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.
5. 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
17 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.
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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
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
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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.
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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
e 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.
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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
, 2 unless the City Council determines that the project without the condition complies with
all requirements of law.
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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,
15 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
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.
6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
22 copy of the Site Plan reflecting the conditions approved by the final decision-making
body.
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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).
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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.
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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.
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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.
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. 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 6462 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.
20 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.
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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.
4 17. Developer shall post a sign in the sales office in a prominent location that discloses which
<- special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
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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).
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19. The Developer shall comply with all the applicable conditions set forth by CT 04-26
10 in Resolution No. 6343 and PUD 06-14 in Resolution No. 6346, which are
incorporated by reference herein.11
20. Prior to occupancy of any residential units in PA 18, 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 comply with all of the noise mitigation measures recommended
in the Robertson Ranch Planning Area 18 Final Noise Analysis, Urban Crossroads,
December 3, 2007 to ensure that the interior noise of the residential structures does
not exceed the City of Carlsbad's 45 dBA interior noise standard. Mitigation
measures include, but are not limited to, upgraded windows for residences located
17 on Lots 208-212, 242-245,247, 283, 285,286, 288-292 and 301-304.
22. 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
20 Planning Commission Resolution No. 6105.
Engineering;
22 General
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23. Prior to hauling dirt or construction materials to or from any proposed construction site
24 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
24. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards and City Landscape Manual.
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Grading
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25. Supplemental grading plans are required for precise grading associated with this project.
3 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.
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r 26. 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
6 post security per City Code requirements.
7 27. Developer shall comply with the City's Stormwater Regulations, latest version, and
shall implement best management practices at all times. Best management practices
include but are not limited to pollution treatment practices or devices, erosion
9 control to prevent silt runoff during construction, general housekeeping practices,
pollution prevention and educational practices, maintenance procedures, and other
10 management practices or devices to prevent or reduce the discharge of pollutants to
Stormwater, receiving water or stormwater conveyance system to the maximum
* * extent practicable. Developer shall notify prospective owners and tenants of the
, 2 above requirements.
13 28. Developer shall complete and submit to the City Engineer a Project Threat
Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent
14 with the PTAF, Developer shall also submit the appropriate Tier level Storm Water
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.
16 29. Developer shall incorporate Low Impact Development (LID) design techniques, on
17 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
I n 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
20 Development Handbook (Stormwater Management Strategies). LID techniques
include, but are not limited to: vegetated swale/strip, rain gardens, and porous
21 pavement, which can greatly reduce the volume, peak flow rate, velocity and
pollutants.
23 Code Reminders:
24 30. 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
25 Trips (ADT) and floor area contained in the staff report and shown on the Site Plan are
2/- for planning purposes only.
27 31. 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
28 permit issuance, except as otherwise specifically provided herein.
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32. The project shall comply with the latest nonresidential disabled access requirements
2 pursuant to Title 24 of the California Building Code.
3 33. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.4
<- 34. 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
6 Director prior to installation of such signs.
7 NOTICE
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Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
9 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."10
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
12 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.
15 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,
16 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
i o expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on September 17, 2008, by the following
vote, to wit:
Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery,
and Chairperson Whitton
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Douglas
JF&ANK H. WHITTON, Chairperson
/CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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