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HomeMy WebLinkAbout2009-12-16; Planning Commission; Resolution 66631 PLANNING COMMISSION RESOLUTION NO. 6663 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A NON- RESIDENTIAL PLANNED UNIT DEVELOPMENT PERMIT PUD 4 09-01 TO SUBDIVIDE A 4.63-ACRE LOT WITH A 66,000 SQUARE FOOT OFFICE BUILDING INTO 49 AIRSPACE CONDOMINIUM OFFICE UNITS ON ONE COMMON AREA 6 LOT GENERALLY LOCATED SOUTH OF CANNON ROAD, EAST OF EL CAMINO REAL, AT THE SOUTHEAST CORNER 7 OF THE INTERSECTION OF WIND TRAIL WAY AND CANNON ROAD, WITHIN THE ROBERTSON RANCH MASTER PLAN, 8 PLANNING AREA 22 AND THE "OPTION PARCEL," IN LOCAL 9 FACILITIES MANAGEMENT ZONE 14. CASE NAME: ROBERTSON RANCH PA 22 10 CASE NO.: PUD 09-01 11 WHEREAS, Brookfield Tamarack, LLC, "Developer," has filed a verified 12 application with the City of Carlsbad regarding property owned by Calavera Hills II, LLC, 13 "Owner," described as 14 Lot 3 of Carlsbad Tract No. 02-16, Robertson Ranch East Village, in the City of Carlsbad, County of San Diego, State of 15 California, according to Map thereof No. 15608, filed in the Office of the County Recorder of San Diego County, 17 September 18, 2007; and Parcel 2 of Parcel Map No. 19804, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego 19 County, August 3, 2005 as Instrument No. 2005-0659805 of Official Records 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Non-Residential 23 Planned Unit Development Permit as shown on Exhibits "A" - "T" dated December 16, 2009, 24 on file in the Planning Department, ROBERTSON RANCH PA 22 - PUD 09-01, as provided TC by Chapter 21.47 of the Carlsbad Municipal Code; and 26 WHEREAS, the Planning Commission did, on December 16, 2009, hold a duly 27 noticed public hearing as prescribed by law to consider said request; and 2o WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 3 relating to the Non-Residential Planned Unit Development Permit. 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. Q B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES ROBERSTON RANCH PA 22 - PUD 09-01, based on the following findings and subject to the following conditions: 10 Findings: , ^ 1 • The granting of this permit will not adversely affect and will be consistent with the code, the general plan, applicable specific plans, master plans, and all adopted plans of the city 13 and other governmental agencies in that the proposed project is consistent with the proposed Office & General Commercial (O) General Plan Land Use designation and 14 all development standards of the Office (O) Zone and Title 20 and 21 regulations governing subdivisions and the design of non-residential planned developments. 16 2. The proposed use at the particular location is necessary and desirable to provide a service or facility, which will contribute to the general well-being of the neighborhood and the 17 community in that the proposed non-residential planned development will be located on an Office (O) zoned lot. The project is compatible with the surrounding residential and open space land uses, in that the proposed office building is situated 19 on the site so as to minimize its impacts on its surroundings to the maximum extent practicable. The proposed office building has been situated as far away as possible 20 (>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 21 site, consisting of dense mature landscaping and decorative masonry walls, have 22 been included into the site design in order to minimize potential visual impacts on adjacent properties. Increased building setbacks and parking lot setbacks have 23 been applied to the lot with the office building to compensate for the additional 8.5 feet of building height. All required setbacks have been landscaped. The office 24 buildings architecture complies with the Robertson 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 26 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 27 at the existing signalized intersection of Wind Trail Way and Cannon Road; provides mitigation measures to protect neighboring properties and comply with the 2° noise standards; includes a buffer area from sensitive environmental areas as PC RESO NO. 6663 -2- required by the Open Space and Conservation Element, and will provide 2 opportunities for individual ownership of units and employment of local residents. 3 3. Such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity in that the project meets all applicable city standards and ordinances, s- including the Robertson Ranch Master Plan, and all public facilities and services are available and will be extended to the site. Adequate access to the site will be 6 provided via Cannon Road. The subdivision includes all necessary features to be compatible with surrounding development. The non-residential planned 7 development, which provides opportunities for individual ownership of units and employment of local residents, will not pose a safety hazard to the residential communities to the north and south, nor will it be injurious to the adjacent open 9 space or other improvements within the vicinity. 10 4. The proposed nonresidential planned development meets all of minimum development standards of the underlying zone, except for lot area in that there are no size or configuration standards for non-residential planned development units beyond j2 those imposed as a part of the permit. 13 5. The Planning Commission of the City of Carlsbad does hereby find: 14 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and > - Mitigation Monitoring and Reporting Program and Addendum for ROBERTSON RANCH PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09- 16 01/SDP 09-01/PUD 09-01, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the 17 project; and 18 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 19 Program and Addendum have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental 20 Protection Procedures of the City of Carlsbad; and 71 c. it reflects the independent judgment of the Planning Commission of the City of 22 Carlsbad; and 23 d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 24 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 26 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. 27 28 PC RESO NO. 6663 -3- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 3 a Final Map. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be c 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 6 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 7 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 conditions or seek damages for their violation. No vested rights are gained by Developer 9 or a successor in interest by the City's approval of this Non-Residential Planned Unit Development Permit. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Non-Residential Planned Unit Development Permit 12 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 13 approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 14 .. 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. 16 4. If any condition for construction of any public improvements or facilities, or the payment 17 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 jp unless the City Council determines that the project without the condition complies with all requirements of law. 20 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 21 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, 23 directly or indirectly, from (a) City's approval and issuance of this Non-Residential Planned Development Permit, (b) City's approval or issuance of any permit or action, 24 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 26 the facility of electromagnetic fields or other energy waves or emissions. 27 6. 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 Mitigation Monitoring and Reporting Program and Addendum. PC RESO NO. 6663 -4- n This approval is granted subject to the approval of the Mitigated Negative Declaration 2 and Mitigation Monitoring and Reporting Program and Addendum, GPA 09-01, ZC 09-01, MP 02-03(B), CT 09-01, and SDP 09-01 and is subject to all conditions 3 contained in Planning Commission Resolutions No. 6657, 6658, 6659, 6660, 6661, and 6662 for those other approvals incorporated herein by reference.4 c 8. 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. 6 NOTICE 8 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 9 "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 66020(a), and file the protest and any other required information with the City Manager for 12 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. 14 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 15 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 16 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. is" 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6663 -5- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning 2 Commission of the City of Carlsbad, California, held on December 16, 2009, by the following 3 vote, to wit: 4 " r AYES: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery 6 NOES: 7 ABSENT:8 9 ABSTAIN: 10 11 MARTELL B. MONTiiEOMERW^hairperson 13 CARLSBAD PLANNING COMMISSION 14 ATTEST: 16 17 „DON NEU1 8 Planning Director 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6663 -6-