HomeMy WebLinkAbout2008-10-01; Planning Commission; Resolution 64811 PLANNING COMMISSION RESOLUTION NO. 6481
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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 109 SINGLE-FAMILY DETACHED
HOMES WITHIN PLANNING AREA 17 OF THE EAST "
6 VILLAGE OF THE ROBERTSON RANCH MASTER PLAN ON
PROPERTY GENERALLY LOCATED NORTH OF CANNON
7 ROAD AND WEST OF COLLEGE BOULEVARD IN LOCAL
FACILITIES MANAGEMENT ZONE 14.
CASE NAME: ROBERTSON RANCH PA 17
9 CASE NO.: PUD06-13(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 1 through 43 inclusive; Lots 64 through 88 inclusive; Lots
14 100 through 116 inclusive; Lots 141 through 159 inclusive; and
1 Lots 190 through 194 inclusive; per Map No. 15682, filed in the
office of the County Recorder of San Diego County as File No.
16 2008-0192971 on April 11, 2008
17 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Planned
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Development Permit Amendment as shown on Exhibits "A"-"QQ" dated October 1, 2008, on
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file in the Planning Department, ROBERTSON RANCH PA 17, as provided by Chapter 21.45
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__ of the Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did, on October 1, 2008, hold a duly
24 noticed public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of persons desiring to be heard, said Commission considered all factors
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relating to the Planned Development Permit Amendment.
WHEREAS, on October 3, 2007, the Planning Commission recommended
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approval of PUD 06-13, as described and conditioned in Planning Commission Resolution
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No. 6345, and4
5 WHEREAS, on November 6, 2007, the City Council approved PUD 06-13, 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
APPROVES ROBERTSON RANCH PA 17, based on the following findings
12 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 109 single-family
detached units located on previously approved lots with a minimum area of 5,000
square feet, and the project complies with all of the development standards and
17 special design criteria of the Robertson Ranch Master Plan; the underlying RD-M
zone; the Planned Development Ordinance, including Tables C and D; and City
1 Council Policies 44 and 66; except as modified by the Master Plan, as outlined in the
staff report dated October 1, 2008.
20 2. That the proposed project's density, site design, and architecture are compatible with
surrounding development, in that there are future single-family residential
21 neighborhoods to the east and west of the site which are similar in character and
density, detached condominiums will be constructed south of the site, and land to
the north of the project site will remain as open-space as approved under the
Robertson Ranch Master Plan.
24 3. The Planning Director has determined that:
25 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
2" been given, which includes statements that this activity is within the scope of the
27 program approved earlier, and that the program EIR adequately describes the
activity for the purposes of CEQA; [15168(c)(2) and (e)]; and/or
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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
3 the City Council on November 14, 2006 in connection with the prior project or
plan; and4
5 d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
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e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
7 under CEQA Guidelines Sections 15162 or 15163 exist; and
8 f. The Planning Commission finds that all feasible mitigation measures or project
9 alternatives identified in the Robertson Ranch Master Plan Final Program EIR
03-03, which are appropriate to this Subsequent Project, have been completed,
10 incorporated into the project design or are required as conditions of approval for
this Subsequent Project.
12 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
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
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
i c 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.
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5. 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 Robertson Ranch Master Plan and Zone 14 Local Facilities Management Plan.
20 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
to mitigate impacts caused by or reasonably related to the project, and the extent and the
22 degree of the exaction is in rough proportionality to the impact caused by the project.
23 Conditions:
24 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
~g. Building Permit.
26 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
27 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
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issued under the authority of approvals herein granted; record a notice of violation on the
2 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
3 or a successor in interest by the City's approval of this Planned Development Permit
Amendment.4
<- 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
6 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.
7 Any proposed development, different from this approval, shall require an amendment to
this approval.8
9 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.
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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
13 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
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
16 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,
17 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
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
20 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.
22 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
23 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
reduced legible version of all approving resolution(s) in a 24" x 36" blue line drawing
format (including any applicable Coastal Commission approvals).
27 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
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
6 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. 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 H. 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 No.
18 6481 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.
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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.
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. This approval shall be null and void if the project site subject to this approval is not
10 annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall
not issue any grading, building, or other permit, until the annexation is completed. The
* City Manager is authorized to extend the 60 days, for a period not to exceed 60 days,
^ 2 upon a showing of good cause.
13 20. The Developer shall comply with all the applicable conditions set forth by CT 04-26
in Resolution No. 6343 and PUD 06-13 in Resolution No. 6345, which are
14 incorporated by reference herein.
21. Prior to issuance of a Building Permit for Lot 109, an enhanced side elevation shall
15 be provided for the side of the residence facing the street, together with additional
landscaping, subject to the approval of the Planning Director.
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22. Prior to occupancy of any residential units in PA 17, an RV storage area shall be
° constructed, according to the requirements of the Robertson Ranch Master Plan, to
19 serve the East Village of Robertson Ranch.
20 23. The Developer shall comply with all of the noise mitigation measures recommended
in the Robertson Ranch Planning Area 17 Final Noise Analysis, Urban Crossroads,
21 December 4, 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
23 on Lots 85, 86 and 87.
24 24. The Developer shall implement and comply with all applicable mitigation measures
required by the Mitigation Monitoring and Reporting Program certified with the Final
25 Program EIR for the Robertson Ranch Master Plan - EIR 03-03, contained in
Planning Commission Resolution No. 6105.
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Engineering:
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General
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25. 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
- for the proposed haul route.
26. Developer shall install sight distance corridors at all street intersections and driveways in
6 accordance with City Engineering Standards and City Landscape Manual.
Grading
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27. Supplemental grading plans are required for precise grading associated with this project.
9 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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28. 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.
13 29. Developer shall comply with the City's Stormwater Regulations, latest version, and
shall implement best management practices at all times. Best management practices
14 include but are not limited to pollution treatment practices or devices, erosion
control to prevent silt runoff during construction, general housekeeping practices,
pollution prevention and educational practices, maintenance procedures, and other
16 management practices or devices to prevent or reduce the discharge of pollutants to
stormwater, receiving water or stormwater conveyance system to the maximum
17 extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.18
19 30. Developer shall complete and submit to the City Engineer a Project Threat
Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent
20 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.
22 31. Developer shall incorporate Low Impact Development (LID) design techniques, on
23 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-
24 spaces and natural drainage channels, minimizing impervious surfaces, promoting
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
Development Handbook (Stormwater Management Strategies). LID techniques
include, but are not limited to: vegetated swale/strip, rain gardens, and porous
27 pavement, which can greatly reduce the volume, peak flow rate, velocity and
pollutants.
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Code Reminders:
2 32. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
3 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
for planning purposes only.
33. 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.
34. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
35. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
36. 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
11 Director prior to installation of such signs.
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NOTICE13
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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
18 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
20 annul their imposition.
21 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,
22 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
24 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 October 1, 2008, by the following vote,
to wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Dominguez, and
Chairperson Whitton
ABSENT: Commissioners Douglas and Montgomery
ABSTAIN:
H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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