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,
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"Owner," described as
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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
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("the Property"); and
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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
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by Chapter 21.47 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
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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 Non-Residential Planned Unit Development Permit.
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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.
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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:
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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.
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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.
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PC RESO NO. 6663 -3-
Conditions:
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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.
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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.
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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.
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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.
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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.
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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.
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PC RESO NO. 6663 -5-
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
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Commission of the City of Carlsbad, California, held on December 16, 2009, by the following
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vote, to wit:
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r AYES: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard,
Schumacher, and Chairperson Montgomery
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NOES:
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ABSENT:8
9 ABSTAIN:
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MARTELL B. MONTiiEOMERW^hairperson
13 CARLSBAD PLANNING COMMISSION
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ATTEST:
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17 „DON NEU1 8 Planning Director
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