HomeMy WebLinkAbout2009-12-16; Planning Commission; Resolution 66621 PLANNING COMMISSION RESOLUTION NO. 6662
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A SITE DEVELOPMENT PLAN SDP 09-01 TO
4 DEVELOP A 5.43 ACRE SITE WITH A RECREATIONAL
5 VEHICLE STORAGE AREA AND A 66,000 SQUARE FOOT, 43.5
FOOT TALL, THREE STORY OFFICE BUILDING, WITH
6 ARCHITECTURAL FEATURES EXTENDING TO 55 FEET IN
HEIGHT ON PROPERTY GENERALLY LOCATED SOUTH OF
7 CANNON ROAD, EAST OF EL CAMINO REAL, AT THE
SOUTHEAST CORNER OF THE INTERSECTION OF WIND
8 TRAIL WAY AND CANNON ROAD, WITHIN THE ROBERTSON
9 RANCH MASTER PLAN, PLANNING AREA 22 AND THE
"OPTION PARCEL," IN LOCAL FACILITIES MANAGEMENT
10 ZONE 14.
CASE NAME: ROBERTSON RANCH PA 22
11 CASE NO.: SDP 09-01
12 WHEREAS, Brookfield Tamarack, LLC, "Developer," has filed a verified
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application with the City of Carlsbad regarding property owned by Calavera Hills II, LLC,
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"Owner," described as
16 Lot 3 of Carlsbad Tract No. 02-16, Robertson Ranch East
Village, in the City of Carlsbad, County of San Diego, State of
17 California, according to Map thereof No. 15608, filed in the
Office of the County Recorder of San Diego County,
18 September 18, 2007; and Parcel 2 of Parcel Map No. 19804, in
JQ the City of Carlsbad, County of San Diego, State of California,
filed in the Office of the County Recorder of San Diego
20 County, August 3, 2005 as Instrument No. 2005-0659805 of
Official Records
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22 ("the Property"); and
23 WHEREAS, said verified application constitutes a request for a Site Development
24 plan as shown on Exhibits "A" - "T" dated December 16, 2009, on file in the Planning
25 Department, ROBERTSON RANCH PA 22 - SDP 09-01 as provided by Chapter 21.06/Section
26 21.53.120 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on December 16, 2009, hold a duly
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noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Site Development Plan.4
5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission of the City of Carlsbad as follows:
7 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
9 Commission RECOMMENDS APPROVAL of ROBERTSON RANCH PA
22 - SDP 09-01 based on the following findings and subject to the following
10 conditions:
Findings:
12 1. That the requested use is properly related to the site, surroundings and environmental
13 settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
14 the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the project design complies with the development standards
^ of the Office "O" Zone and all required public facilities and services will be
, s provided. The proposed office building and RV storage area are situated on the site
so as to minimize their impacts on their surroundings to the maximum extent
17 practicable. The proposed office building and RV storage area have been situated
as far away as possible (>250 feet) from the adjacent Rancho Carlsbad Estates
located to the south of the project site. Extensive screening along the southern
boundary of the development site, consisting of dense mature landscaping and
decorative masonry walls, have been included into the site design in order to
20 minimize potential visual impacts on adjacent properties. The RV storage area is
situated approximately nine feet below the elevation of Cannon Road and is
21 screened on all sides by a minimum two foot high earthen berm combined with a six
foot high decorative masonry wall set on top. Increased building setbacks and
parking lot setbacks have been applied to the lot with the office building to
23 compensate for the additional 8.5 feet of building height. All required setbacks have
been landscaped. The office buildings architecture complies with the Robertson
24 Ranch Master Plan Design Guidelines and will compliment the architectural
environment of the Robertson Ranch Master Plan. The project also complies with
the provisions of the General Plan in that it provides good road design by
, minimizing the number of intersections and other conflicting traffic movements by
minimizing project access to one location at the existing signalized intersection of
27 Wind Trail Way and Cannon Road; provides mitigation measures to protect
neighboring properties and comply with the noise standards; and includes a buffer
28 area from sensitive environmental areas as required by the Open Space and
Conservation Element.
PC RESO NO. 6662 -2-
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
2 that all applicable code requirements have been met; the project meets the minimum
office parking standard of one parking space per 250 square feet of gross building
3 area; the building coverage of 12 percent is less than one fourth of the maximum 50
percent allowed, and increased building setbacks and parking lot setbacks have
been applied to the site design to compensate for the additional 8.5 feet of building
5 height.
5 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
7 provided and maintained, in that all setback areas have been landscaped.
Combinations of landscaping, berming, and decorative masonry screen walls have
been designed into the project to screen parking areas from adjacent properties. An
existing screen wall and landscaping improvements along Cannon Road, combined
with approximately 9 feet of elevation difference below the elevation of Cannon
10 Road, will ensure that the RV storage area and office parking areas are screened
from public roadways. Adequate vehicle circulation has been provided to
accommodate RV's, passenger vehicles, and truck-turning movements.
19 4. That the street systems serving the proposed use is adequate to properly handle all traffic
i T generated by the proposed use, in that Cannon Road will provide access to the site and
is adequate to handle all the traffic (1,320 average daily trips) generated by the
14 office and RV storage area.
The increase in building height from 35 feet to 43.5 feet is permitted and complies
with Section 21.27.050(3)(a-c), O Zone Development Standards, in that the building
is not more than three stories, all setbacks have been increased by one foot for every
17 foot of building height over 35 feet (i.e., 8.5 feet), and the building will conform to
Section 18.04.170 of the Carlsbad Municipal Code (regarding fire sprinklers, smoke
18 alarms, and elevators). The increase in height for the architectural tower features
from 45 feet to 55 feet complies with Section 21.27.050(d) in that the architectural
tower features do not function to provide usable floor area; do not accommodate
20 and/or screen mechanical equipment; do not adversely impact adjacent properties
because of the vertical and horizontal separation that is proposed between land
21 uses; and are necessary to ensure the building's design excellence. The building
maintains the minimum setbacks from Cannon Road; does not adversely impact
22 adjacent neighbors as discussed throughout the project staff report; and the
,_- addition of the architectural elements provide vertical relief and adds interest to the
building's elevations.
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6. The Planning Commission of the City of Carlsbad does hereby find:
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a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and Addendum for
27 ROBERTSON RANCH PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-
01/SDP 09-01/PUD 09-01, the environmental impacts therein identified for this
28 project and any comments thereon prior to RECOMMENDING APPROVAL of the
project; and
PC RESO NO. 6662 -3-
b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
2 Program and Addendum have been prepared in accordance with requirements of the
California Environmental Quality Act, the State Guidelines and the Environmental
3 Protection Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Commission of the City of
c Carlsbad; and
6 d. based on the EIA and comments thereon, there is no substantial evidence the project
will have a significant effect on the environment.
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7. 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
9 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.
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Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever occurs first.
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
14 implemented and maintained over time, if any of such conditions fail to be so
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
,s 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
17 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
1 ° or a successor in interest by the City's approval of this Site Development Plan.
19 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
20 and modifications to the Site Development Plan documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
21 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
23 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
25 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
27 unless the City Council determines that the project without the condition complies with
all requirements of law.
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PC RESO NO. 6662 -4-
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
3 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,
(b) City's approval or issuance of any permit or action, whether discretionary or
c nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
6 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
7 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.o
9 6. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
10 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. A note to this effect
j2 shall be placed on the Final Map.
13 7. 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
14 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
Local Facilities Management Plan fee for Zone 14, pursuant to Chapter 21.90. All such
16 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.
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8. The RV storage area is subject to the following requirements:18
19 a. Only recreational vehicles as defined in CMC Section 21.04.298 may be stored
within the recreational vehicle storage area; all stored vehicles must be in an
20 operable condition and, if required, currently licensed.
21 b. Permitted recreational vehicle storage shall not be utilized as a sales yard or
»- storage for a sales yard. An occasional sale by an individual may be permitted.
23 c. The maintenance, restoration, and/or repair of any vehicle shall not be permitted
within the storage area.
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d. The utilization of a stored vehicle as a living unit shall not be permitted.
£•*)
2fr 9. The Robertson Ranch Master Plan master CC&R's shall be amended to address
maintenance of the RV storage area. Said CC&Rs shall be submitted to and
27 approved by the Planning Director prior to the issuance of a grading permit. In
addition to addressing maintenance of the RV storage area, the CC&R's shall also
2° include the following:
PC PvESO NO. 6662 -5-
a. Only recreational vehicles as defined in CMC Section 21.04.298 may be stored
2 within the recreational vehicle storage area; all stored vehicles must be in an
operable condition and, if required, currently licensed.
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b. Permitted recreational vehicle storage shall not be utilized as a sales yard or
storage for a sales yard. An occasional sale by an individual may be permitted.
c. The maintenance, restoration, and/or repair of any vehicle shall not be permitted
6 within the storage area.
7 d. The utilization of a stored vehicle as a living unit shall not be permitted.
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10. Prior to issuance of a building permit, the materials for the balcony/trellis feature,
9 which is located on the third floor of the north elevation, shall be further studied
and selected for material qualities that do not deteriorate over time. Final design of
10 the balcony /trellis feature shall be shown on the final building plans to the
satisfaction of the Planning Director.11 *
, 2 11. Developer shall implement, or cause the implementation of, the ROBERTSON RANCH
PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 Project
13 Mitigation Monitoring and Reporting Program and Addendum.
14 12. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and Addendum, GPA 09-01, ZC
09-01, MP 02-03(B), CT 09-01, and PUD 09-01 and is subject to all conditions
16 contained in Planning Commission Resolutions No. 6657, 6658, 6659, 6660, 6661, and
6663 for those other approvals incorporated herein by reference.
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13. This approval shall become null and void if building permits are not issued for this
project within 36 months from the date of project approval.
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NOTICE
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2j 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
22 "fees/exactions."
23 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
25 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
26 annul their imposition.
77 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
90 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
PC RESO NO. 6662 -6-
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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 December 16, 2009, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard,
Schumacher, and Chairperson Montgomery
MARTELL B. MONTG(9MbKY, C^Hrperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6662 -7-