HomeMy WebLinkAbout2013-05-01; Planning Commission; Resolution 6971
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
PLANNED DEVELOPMENT PERMIT AMENDMENT TO
REVISE THE BUILDING ELEVATIONS AND PLOTTING FOR
THE DEVELOPMENT OF 109 SINGLE-FAMILY DETACHED
HOMES WITHIN PLANNING AREA 17 OF THE EAST
VILLAGE OF THE ROBERTSON RANCH MASTER PLAN ON
PROPERTY GENERALLY LOCATED NORTH OF CANNON
ROAD AND WEST OF COLLEGE BOULEVARD IN LOCAL
FACILITIES MANAGEMENT ZONE 14.
CASE NAME: ROBERTSON RANCH PA 17
CASE NO.: PUD 06-13(B)
WHEREAS, Brookfield Del Mar Builders, Inc., “Developer,” has filed a
verified application with the City of Carlsbad regarding property owned by Brookfield
Robertson PA 17, LLC, “Owner,” described as
Lots 1 through 43 inclusive; Lots 64 through 88 inclusive; Lots
100 through 116 inclusive; Lots 141 through 159 inclusive; and
Lots 190 through 194 inclusive; per Map No. 15682, filed in the
office of the County Recorder of San Diego County as File No. 2008-0192971 on April 11, 2008
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned
Development Permit Amendment as shown on Exhibits “A”-“YY” dated May 1, 2013, on file in
the Planning Division, ROBERTSON RANCH PA 17, as provided by Chapter 21.45 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 1, 2013, hold a duly noticed
public hearing as prescribed by law to consider said request; and
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
relating to the Planned Development Permit Amendment; and
PLANNING COMMISSION RESOLUTION NO. 6971
PC RESO NO. 6971
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, on October 3, 2007, the Planning Commission recommended
approval of PUD 06-13, as described and conditioned in Planning Commission Resolution
No. 6345; and
WHEREAS, on November 6, 2007, the City Council approved PUD 06-13, as
described and conditioned in City Council Resolution No. 2007-290; and
WHEREAS, on October 1, 2008, the Planning Commission recommended
approval of PUD 06-13(A), as described and conditioned in Planning Commission Resolution
No. 6481.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES ROBERTSON RANCH PA 17, based on the following findings
and subject to the following conditions:
Findings:
1. 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 revisions to the 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 special design criteria of the Robertson Ranch Master
Plan (as proposed for amendment); the underlying RD-M zone; the Planned Development Ordinance, including Tables C and D; and City Council Policies 44
and 66; except as modified by the Master Plan, as outlined in the staff report dated
May 1, 2013.
2. That the proposed project’s density, site design, and architecture are compatible with
surrounding development, in that there are existing single-family residential
neighborhoods to the east and west of the site which are similar in character and
density, detached condominiums are 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.
. . .
PC RESO NO. 6971
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3. The City Planner has determined that:
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 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 activity for the
purposes of CEQA; [15168(c)(2) and (e)]; and/or
b. this project is consistent with the Master Plan cited above; and
c. the Robertson Ranch Master Plan Final Program EIR 03-03 was certified by the
City Council on November 14, 2006 in connection with the prior project or plan; and
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 under
CEQA Guidelines Sections 15162 or 15163 exist; and
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,
incorporated into the project design or are required as conditions of approval for this
Subsequent Project.
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
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
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
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
Robertson Ranch Master Plan and Zone 14 Local Facilities Management Plan.
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
degree of the exaction is in rough proportionality to the impact caused by the project.
. . .
. . .
PC RESO NO. 6971
-4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
Building Permit.
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
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
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
or a successor in interest by the City’s approval of this Planned Development Permit
Amendment.
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
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.
Any proposed development, different from this approval, shall require an amendment to
this approval.
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.
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
unless the City Council determines that the project without the condition complies with
all requirements of law.
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
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,
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
the emission by the facility of electromagnetic fields or other energy waves or emissions.
6. Developer shall submit to the Planning Division a reproducible 24” x 36” mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
PC RESO NO. 6971
-5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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).
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Building Division from the Carlsbad Unified School District that this project has
satisfied its obligation to provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 14 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
10. This approval is granted subject to the approval of MP 02-03(D) and is subject to all
conditions contained in Planning Commission Resolutions No. 6970 for those other
approvals incorporated herein by reference.
11. 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.
12. 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
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.
13. 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
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
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.
14. Developer shall report, in writing, to the City Planner within 30 days, any address change
from that which is shown on the permit application.
15. Prior to the issuance of a building permit, 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 City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad
has issued a Planned Development Permit Amendment by Resolution No. 6971 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. The City
Planner 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 or
successor in interest.
PC RESO NO. 6971
-6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16. 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,
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
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 City
Planner and shall at least include a handout and a sign inside the sales facility stating the
fact of a potential pass-through of fees or taxes exists and where complete information
regarding those fees or taxes can be obtained.
17. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the City Planner, 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 existing
schools, parks and streets.
18. 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.
19. Developer shall post aircraft noise notification signs in all sales and/or rental offices
associated with the new development. The number and locations of said signs shall be
approved by the City Planner (see Noise Form #3 on file in the Planning Division).
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
incorporated by reference herein.
21. The driveway for Lot 109 shall be enhanced with decorative pavement to improve appearance as required by the Planned Development Ordinance for side loaded
garages. The design is subject to the approval of the City Planner and shall be
reviewed with the building permit plan check for Lot 109 and constructed prior to
occupancy.
22. The Developer shall comply with all of the noise mitigation measures recommended in the Robertson Ranch Planning Area 17 Final Noise Analysis, Urban Crossroads,
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
on Lots 85, 86 and 87.
23. 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
Planning Commission Resolution No. 6105.
. . .
PC RESO NO. 6971
-7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
24. The courtyard walls shown on Plans 1 & 1X shall be modified to comply with the 42
inch maximum height limit within the front yard setback. The design is subject to
the approval of the City Planner and shall be reviewed with the building permit
plan check.
Engineering:
General
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
accordance with City Engineering Standards and City Landscape Manual.
Grading
27. Supplemental grading plans are required for precise grading associated with this project.
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.
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.
29. 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
control to prevent silt runoff during construction, general housekeeping practices,
pollution prevention and educational practices, maintenance procedures, and other
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 above requirements.
30. Developer shall complete and submit to the City Engineer a Project Threat
Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent
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.
31. Developer shall incorporate Low Impact Development (LID) design techniques, on
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 infiltration and evaporation of run-off before run-off leaves the site. Developer shall
PC RESO NO. 6971
-8-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants.
Code Reminders:
32. 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
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. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
35. 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 City Planner
prior to installation of such signs.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the
Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
I
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOTICE
Please take NOTICE that approval of your project includes the "imposition" offees, 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
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.
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,
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
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on May 1, 2013, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
Chairperson Siekmann, Commissioner Black, L'Heureux,
Montgomery, Scully, Schumacher and Segall
KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
DONNEU
City Planner
PC RESO NO. 6971
-9-