HomeMy WebLinkAbout2011-07-20; Planning Commission; ; CT 06-25A|CP 06-17A - THE FOOTHILLS ALCEA TOT LOT GATEThe City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: July 20, 2011
Application complete date: May 19, 2011
Project Planner: Dan Halverson
Project Engineer: Steve Bobbett
SUBJECT: CT 06-25(AVCP 06-17(A) - THE FOOTHILLS ALCEA TOT LOT GATE - A
request for a recommendation of approval of a Tentative Tract Map Amendment
and Condominium Permit Amendment to delete Conditions No. 18g and 34 from
Planning Commission Resolution No. 6386, which require that the pocket park tot
lot gate located within Robertson Ranch Planning Area 21 off of Cannon Road be
unlocked and add a revised condition to Planning Commission Resolution No. 6387
to allow the pocket park tot lot gate located within Robertson Ranch Planning Area
21 off of Cannon Road to be locked on property located north of Cannon Road,
south of Glen Avenue, east of Wind Trail Way, and west of Hilltop Street and
within Local Facilities Management Zone 14.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 6791 and 6792
RECOMMENDING APPROVAL of a Tentative Tract Map Amendment (CT 06-25(A)) and a
Condominium Permit Amendment (CP 06-17(A)) based on' the findings and subject to the
conditions contained therein.
II. INTRODUCTION
The applicant is requesting approval of a Tentative Tract Map Amendment to delete Conditions
No. 18g and 34 from Resolution No. 6386, which require that the pocket park tot lot gate located
within Robertson Ranch Planning Area 21 off of Cannon Road be unlocked and add a revised
condition to Planning Commission Resolution No. 6387 to allow the pocket park tot lot gate
located off Cannon Road to be locked. The project remains consistent with the General Plan, the
Robertson Ranch Master Plan, and the applicable zoning regulations of the Carlsbad Municipal
Code, The staff recommendation for approval with conditions is supported by the following
analysis.
III. PROJECT DESCRIPTION AND BACKGROUND
Background
On November 14, 2006, the City Council certified the Robertson Ranch Master Plan Final
Program EIR (EIR 03-03), and approved the Master Plan, East Village Master Tentative Map,
and related applications for the Robertson Ranch project. The Master Plan establishes the
permitted uses, development standards, and design criteria for each planning area as well the
method by which the Robertson Ranch Master Plan will be implemented.
CT 06-25(A)/CP 06-17(A) - THE FOOTHILLS ALCEA TOT LOT GATE
July 20, 2011
PAGE 2
On March 18, 2008, the City Council approved a Tentative Tract Map (CT 06-25) and a
Condominium Permit (CP 06-17) to subdivide, grade, and construct 84 detached residential air-
space condominium units within Robertson Ranch Planning Area 21 as shown on the attached
Exhibit "A". As part of that approval a 10,200 square foot pocket park with a tot lot was
approved along Cannon Road. Amenities within the pocket park include active and passive uses
such as a large turf play area, BBQ/picnic area, and tot lot, which has a direct pedestrian access
point to Cannon Road.
As part of that approval, two conditions (Numbers 18g and 34 of Resolution No. 6386) were
added to ensure compliance with the Robertson Ranch Master plan community trails and
walkability objectives throughout the entire site. The conditions state "In order to ensure that
unrestricted access is provided for the community, only non-locking gates may be used at the
pedestrian access point within the pocket park which connects to the sidewalk on Cannon
Road. " The intent of the condition was to ensure that trails, paths, and walkways would be
available to the residents of Robertson Ranch as well as to all residents of Carlsbad and to ensure
that walking to public transit was an option.
Project Description
The applicant, The Foothills HOA, has filed a request for an amendment to delete these
conditions from CT 06-25 Planning Commission Resolution No. 6386 based upon security
concerns of existing residents associated with allowing unrestricted public access from Cannon
Road directly into the subject pocket park and tot lot. Unrestricted public access into and
throughout the community would still be available via the adjacent un-gated public and private
streets, as discussed below. A revised condition is proposed to be incorporated into
Condominium Permit 06-17(A) Resolution No. 6792 and would read as follows: "In order to
ensure that unrestricted access is provided for the community, non-locking gates shall be used at
all pedestrian access points, except for the tot lot location along Cannon Road, which may use a
locking type gate for security purposes. " This correction would allow the tot lot gate to be
locked for security purposes.
IV. ANALYSIS
Staffs recommendation of approval for the CT and CP Amendment was developed by analyzing
the project's consistency with the applicable City regulations and policies. This analysis will
present in text the project's consistency with the applicable regulations listed below:
A. General Plan - Residential Medium-High Density (RMH), and;
B. Robertson Ranch Master Plan (MP 02-03).
A. General Plan - Residential Medium-High Density (RMH)
The General Plan Land Use designation for the Community Recreation area is Residential
Medium-High (RMH). The recreational area is an approved use within the Master Plan and the
underlying zone. The proposal to lock a pedestrian access gate from Cannon Road into the
project complies with the Elements of the General Plan as outlined in Table A below:
CT 06-25(A)/CP 06-17(A) - THE FOOTHILLS ALCEA TOT LOT GATE
July 20, 2011
PAGE 3
TABLE A - GENERAL PLAN COMPLIANCE
ELEMENT
USE, CLASSIFICATION,
GOAL, OBJECTIVE OR
PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLIANCE
Land Use
Evaluate each application for
development of property with
regard to proposals which are
designed to provide safe, easy
pedestrian and bicycle linkages
to nearby transportation
corridors.
The proposal to lock this
gate to a pocket park,
which includes a tot lot,
located directly adjacent
to Cannon Road will
provide a safer play
environment for
neighborhood children.
Specifically, potential
strangers walking along
Cannon Road would not
have easy access to the
children. Furthermore,
there are 3 other nearby
unlocked access ways
into and out of the
neighborhood from along
Cannon Road (i.e.; at
Wind Trail Way, Hilltop
Street and at the
intersection of College
Blvd. and Cannon Road)
which will continue to
provide for easy and safe
pedestrian and bicycle
access.
Yes
B. Robertson Ranch Master Plan (MP 02-03)
The Robertson Ranch Master Plan provides a framework for the development of properties
within the Master Plan area to ensure the logical and efficient provision of public facilities and
community amenities for future residents. A Tentative Tract Map and. Condominium Permit
were previously approved for the air-space condominium project in Robertson Ranch Planning
Area 21.
Per the Robertson Ranch Master Plan, Planning Area 21 required a minimum of 200 square feet
of community recreation area per unit with a minimum of 10,000 square feet of recreation area
provided in PA 21. The Master Plan also states that pedestrian connections shall be included to
facilitate access to bus stops, adjoining neighborhood trails, and the park sites.
Currently there are three other access points along Cannon Road, comprised of two streets, Wind
Trail Way and Hilltop Street, and one gated pedestrian access point at the corner of College
Boulevard and Cannon Road. There are also two additional pedestrian access points to the east
along College Boulevard. By locking the pocket park tot lot gate the ability of the homeowners
CT 06-25(A)/CP 06-17(A) - THE FOOTHILLS ALCEA TOT LOT GATE
July 20, 2011
PAGE 4
and community residents to continue to access the transit, trails, or the park sites will not be
compromised because the three access points discussed above will still be available and are still
within the !4 of a mile pedestrian walking threshold suggested by the Master Plan. Accordingly,
the proposal to lock a pedestrian access gate from Cannon Road into the project continues to
comply with the pedestrian connection objective of the Robertson Ranch Master Plan.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15301, Existing Facilities, of the State CEQA Guidelines. In
making this determination, the Planning Director has found that the exceptions listed in Section
15300.2 of the State CEQA Guidelines do not apply to this project.
ATTACHMENTS:
1. Planning Commission Resolution No. 6791 (CT)
2. Planning Commission Resolution No. 6792 (CP)
3. Location Map
4. Disclosure Form
5. Planning Commission Resolution No. 6386, dated February 6, 2008 (CT 06-25)
6. Planning Commission Resolution No. 6387, dated February 6, 2008 (CP 06-17)
7. Exhibit "A"
SITEMAP
NOT TO SCALE
The Foothills Alcea Tot Lot Gate
CT06-25(A)/CP06-17(A)
DISCLOSURE Development Services
STATEMENT Planning Department
CITY OF D 4/Al 1635 Faraday Avenue
CARLSBAD ''"' (760'602^10
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Not*: - • •
Person it defined at 'Any Individual ffrnv co-partnersh^ joint venture* association, social dub, fraternal
organization, corporation, estate; trust! receiver, synolcate^ In thli and any otrw caunty, c% arid county,
Agents may sign thlt document however, the. legal name ar«len% of the applicant and property owner
must be provided below
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership.
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a Dubliclv-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person""/^..' /^L f/e^gk. Corp/Part ^rc^VJ^ aA.^ ^
Title Title
Address Address
2. OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of (he legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publidv-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person J-gi/AJtiy Corp/Partf AJAtitct^ IVdU JJl. LL(L
Title V^jr! Title
Address Address
Page 1 of 2 Revised 04/09
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust.
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust U Mr Non Profit/Trust
Title Title
Address Address
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
Yes No If yes, please indicate person(s):_
NOTE: Attach additional sheets if necessary.
jrtify that all the above information is true and correct to the best of my knowledge.
Sinature of owner/da Signature of applicant/date
, V/P-
Print or type name of owner Print or type name of applicant
••'.•;•"
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
Page 2 of 2 Revised 04/09
EXHIBITS
PLANNING COMMISSION RESOLUTION NO. 6386
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT CT 06-25 TO
3 SUBDIVIDE A 12.14 ACRE SITE AND CONSTRUCT 84
DETACHED RESIDENTIAL AIR-SPACE CONDOMINIUM
4 UNITS ON 2 LOTS WITHIN PLANNING AREA 21 OF THE
5 ROBERTSON RANCH MASTER PLAN ON PROPERTY
GENERALLY LOCATED NORTH OF CANNON ROAD, WEST
6 OF FUTURE HILLTOP STREET AND SOUTH OF FUTURE
GLEN AVENUE. IN LOCAL FACILITIES MANAGEMENT ,
7 ZONE 14. ...
CASE NAME: ROBERTS ON RANCH PA 21
8 CASE NO.: CT 06-25 ,
9
WHEREAS, Calavera Hills II, LLC, "Developer/Owner," has filed a verified
10
application with the City of Carlsbad regarding' property described as
12 Lots 2 and 11 of Carlsbad Tract No. 02-16, in the City of
Carlsbad, County of San Diego, State of California, according^'
13 to Map thereof No. 15608, filed in the Office of the County
Recorder of San Diego County, September 18, 2007 as
14 Instrument No. 07-0612802 of Official Records
15 ("the Property"); and . " ..
16
WHEREAS, said verified application constitutes a request for a Tentative Tract
17
Map as shown on Exhibits "A" - "RR" dated February 6, 2008, on file in the Planning18
19 Department ROBERTSON RANCH PA 21 - CT 06-25, as provided by Chapter 20.12 of the
20 Carlsbad Municipal Code; and .
21 WHEREAS, the Planning Commission did, on February 6, 2008, hold a duly
22 noticed public hearing as prescribed by law to consider said request; and
23
WHEREAS, at said public hearing, upon hearing and considering all testimony
24
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
^ *J
26 relating to the Tentative Tract Map.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28 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
2 RECOMMENDS APPROVAL of ROBERTSON RANCH PA 21, based on
the following findings and subject to the following conditions:
3
Findings:4
1. The Planning Director has determined that:
a. the project is a(n) subsequent activity of the Robertson Ranch Master Plan
(MP 02-03) 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); [15i68(c)(2) and (e)]; and
9 .
b. this project is consistent with the Master Plan cited above; and
10
c. the Robertson Ranch Master'Plan Program EIR 03-03 was certified by the
City Council on November 14, 2006 in connection with the prior plan; and
12 d. the project has no new significant environmental effect not analyze'd as significant
13 in the prior EIR; and
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
, 5 under CEQ A Guidelines Sections 15162 or 15163 exist; and
16 f all feasible mitigation measures or project alternatives identified in the Robertson
Ranch Master Plan Program EIR 03-03, which are appropriate to this
Subsequent Project, have been incorporated into this Subsequent Project.
10 2. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, .is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
20 Subdivision Map Act, and will not cause serious public health problems, in that the
project is consistent with all regulations governing air-space subdivisions and all
minimum requirements of Title 20, and the project has been designed to comply
with all other applicable regulations including Title 21 and the Robertson Ranch
Master Plan.
23 That the proposed project is compatible with the surrounding future land uses since
24 surrounding properties are designated for Medium Density (RM) and High Density
(RH) Residential development and the site south of Cannon Road is designated as
25 an "Unplanned Area" on the General Plan, and that the project would be developed
«,- with Medium-High Density (RMH) detached condominiums which will result in a
variety of product types and densities in the East Village of the Robertson Ranch
27 Master Plan.
28 4. That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
PCRESONO. 6386 -2-
proposed, in that all required development standards and design criteria required by
2 the applicable zoning ordinances and the Robertson Ranch Master Plan are
incorporated into the project without the need for variances from development
3 standards.
4 5. That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that prior to recordation of the final map, all required easements shall be dedicated
including easements for the public water system and public sewer system, and
reciprocal private access easements with adjacent Lot 1 (PA 15).
6. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
7. That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in. the subdivision, in that structures are oriented
11 in an east to west alignment to maximize southern exposure and to take advantage
of prevailing breezes; and the proposed structure setbacks and building separations
12 will allow for adequate air circulation.
8. That the Planning Commission has considered, in connection with the housing proposed
, 4 by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
15 resources.
16 9. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that sensitive plant and animal habitats present within the East Village of
Robertson Ranch are being preserved in accordance with the City of Carlsbad
Habitat Management Plan (HMP) and the project will implement the required
19 mitigation measures contained in the Robertson Ranch Program EIR 03-03
Mitigation Monitoring and Reporting Program to reduce edge effects from the
20 proposed development.
10. That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with Best Management Practices for water quality
23 protection in accordance with the City's sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elimination
24 System (NPDES) Requirements.
11. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan, and Robertson Ranch
Master Plan based on the facts set forth in the staff report dated February 6, 2008
27 including, but not limited to the following:
a. Land Use — The project is consistent with the City's General Plan since, the
proposed densities of 9.13 du/ac, is within the density range of 8-15 du/ac for the
PCRESONO. 6386 -3-
Residential Medium-High Density (RMH) General Plan Land Use
designation as indicated on the Land Use Element of the General Plan, a
maximum of 87 units are allowed within PA 21, and 84 units are proposed.
b. Housing - The project is consistent with the Housing Element of the General
Plan, the Inclusionary Housing Ordinance, and the Robertson Ranch Master
Plan as the developer is required to construct affordable housing units
consistent with the Affordable Housing Agreement for the East Village of
6 Robertson Ranch, dated February 26, 2007. The Glen Ridge affordable
housing apartment project has been approved with 78 affordable units, with
' 70 of those units required to satisfy the Inclusionary Housing requirements,
_ for the East Village of the Robertson Ranch Master Plan.o .......
9 c. Open Space and Conservation — The project will not impact designated open
space and will provide Master Plan trails and connections to the adjacent
10 neighborhoods as identified in the Master Plan. The project will conform to
all NPDES requirements and -Utilize Best Management Practices for control
of storm water and to protect water quality.
12 d. Noise - The project is designed to comply with the 60 dBA GNEL exterior
13 noise standard and mitigation measures require that the residences will be
designed to comply with the 45 dBA CNEL interior noise standard.
14 "
15 e. Public Safety - The project includes two points of access to the development.
16 f. Circulation - The circulation system is designed to provide adequate access to
the proposed residences and all necessary public street improvements will be
17 constructed with CT 06-25 and the previously approved Carlsbad Tract
CT 02-16.18
.„ 12. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 14 and all City public facility policies and
20 ordinances. The project includes elements or has been conditioned to construct or
provide funding.to ensure that all facilities and improvements regarding sewer collection
21 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.
23 Specifically,
24 a. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, has
been satisfied by the dedication of parkland within PA 12 of the Robertson
27 Ranch Master Plan.
28 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
PC RESO NO. 6386 -4-
13. The project has been conditioned to pay any increase in public facility fee, or new
2 construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
3 Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate" any cumulative impacts created by the project.
14. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 14.
6
15. That all necessary public facilities required by the Growth Management Ordinance will
7 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
improvements necessary to maintain compliance with the Growth Management
performance standards are contained in the Zone 14 LFMP and the project will
comply with the general ancTspecial conditions of the zone plan.
16. That the project is consistent with the^ City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B) and the Robertson Ranch
Master Plan.
12
17. 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.
15
Conditions:
16"
*' a Final Map or issuance of a grading permit, whichever occurs first.
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
18 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
19 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
22 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
23 or a successor in interest by the City's approval of this Tentative Tract Map.
"" Staff is authorized and directed to make, or require the Developer to make, all corrections
25 and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
26 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
27
»„ 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.
PCRESONO. 6386 -5-
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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
unless the City Council determines that the project without the condition complies with
all requirements of law.
5. Developer shall implement, or cause the implementation of, the Robertson Ranch
Master Plan, Program EIR 03-03 Project Mitigation Monitoring and Reporting
Program. >
6. 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 Tentative Tract Map,
(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. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Tentative Map reflecting the conditions approved by the final decision-making body.
8. 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" blueline drawing
format (including any applicable Coastal Commission approvals).
9. 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.
10. 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.
11. 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. A note to this effect
shall be placed on the Final Map.
PCRESONO. 6386 -6-
12. This approval is granted subject to the approval of CP 06-17 and is subject to all
2 conditions contained in Planning Commission Resolution No. 6387 for that other
approval incorporated herein by reference.
3
13. Developer shall construct the required inclusionary units concurrent with the project's
market rate units, unless both the final decision-making authority of the City and the
Developer agree within an Affordable Housing Agreement to an alternate schedule for
development.
6
14. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and,
„ the City's Landscape Manual. Trees shall be added to the center median on "AA"
Street, subject to approval of the Planning and Engineering Departments.
9 Developer shall construct ancl.install all landscaping as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds,
10 trash, and debris.
15. Community theme walls and noise walls shall be constructed with battered stone
pilasters per the Master Plan or as approved by the Planning Director.
13 16. The mailbox kiosks shall be designed to complement the landscape and building
design, subject to approval of the Planning Director^
14
1 _ 17. The-first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
15 project's building, improvement, and grading plans.
17 -' 18. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
by the Planning Director prior to final map approval. Prior to issuance of a building
permit, the Developer shall provide the Planning Department with a recorded copy of the
official CC&Rs that have been approved by the Department of Real1 Estate and the
20 Planning Director. At a minimum, the CC&Rs shall contain the following provisions:
21 a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
23
b. Notice and Amendment. A copy of any proposed amendment shall be provided to
24 the City in advance. If the proposed amendment affects the City, City shall have
the right to disapprove. A copy of the final approved amendment shall be
3 transmitted to City within 30 days for the official record.
26 c. Failure of Association to Maintain Common Area Lots and Easements. In the
27 event that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article, , Section
2° the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
PCRESONO. 6386 -7-
written notice to the Association, with a copy thereof to the Owners in the Project,
2 setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty
3 (30) days from the giving of such notice. In the event that the Association fails to
carry out such maintenance of the Common Area Lots and/or Association's
4 Easements within the period specified by the City's notice, the City shall be
- entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
6
d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or. Association's,
. Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and
9 or Association's Easements. The City shall provide a copy of such invoice to
each Owner in the Project, together with a statement that if the Association fails to
10 pay such invoice in full within the time specified, the City will pursue collection
against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of
receipt by the Association. If the Association shall fail to pay such invoice in full
within the period specified, payment shall be deemed delinquent- and 'shall be
13 subject to a late charge in an amount equal to six percent (6%) of the amount of
the invoice. Thereafter the City may pursue collection from the Association by
14 means of any remedies available at law or in equity. Without limiting the
- generality of the foregoing, in addition to all other rights and remedies available to
the City, the City may levy a special assessment against the Owners of each Lot in
the Project for an equal pro rata share of the invoice, plus the late charge. Such
special assessment shall constitute a charge on the land and shall be a continuing
17 lien upon each Lot against which the special assessment is levied. Each Owner in
the Project hereby vests the City with the right and power to levy such special
18 assessment, to impose a lien upon their respective Lot and to bring all legal
in actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in
20 accordance with the procedures set forth in Article of this Declaration.
21 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in Exhibit " "
23 f. The intended use of the garages is for the parking of a resident's vehicles.
Garages are not intended to be used for storage which would preclude the
24 parking of the resident's vehicles.
95 1 g.~] In order to ensure that unrestricted access is provided for the community,
only non-locking gates may be used at the pedestrian access point within the
pocket park which connects to the sidewalk on Cannon Road.
27
19. This project is being approved as a condominium permit for residential homeownership
28 purposes. If any of the units in the project are rented, the minimum time increment for
PC RESO NO. 6386 -8-
such rental shall be not less than 31 days. The CC&Rs for the project shall include this
2 requirement.
3 20. Prior to issuance of building permits, the Developer shall submit to the Planning Director
a recorded copy of the Condominium Plan filed with the Department of Real Estate
which is in conformance with the City-approved documents and exhibits.
- 21. 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
6 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
7 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.
9 ...
22. Developer shall submit a street name list consistent with the City's street name policy
10 subject to the Planning Director's approval prior to final map approval.
11 23. Prior to occupancy of the first dwelling unit, the Developer shall provide all required
passive and active recreational areas per the approved plans, including landscaping and
12 recreational facilities. ^
13 24. Prior to the issuance of the Grading Permit or Final Map, Developer shall submit to the
14 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
15 of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Tentative Tract Map and Condominium Permit by
Resolutions No. 6386 and 6387 on the property. Said Notice of Restriction shall note the
17 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
18 the Notice of Restriction. 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 or successor in interest.
20 • .-25. If satisfaction of the school facility requirement involves a Mello-Roos Community
21 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,
22 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
existehce of the tax or fee, and that the school district is the taxing agency responsible for
24 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
25 fact of a potential pass-through of fees or taxes exists and where complete information
regarding those fees or taxes can be obtained. .26
27 26. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the sales office at all times. All sales maps that are distributed
28 or made available to the public shall include but not be limited to trails, future and
existing schools, parks, and streets.
PC RESO NO. 6386 -9-
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27. 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.
28. Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
may be subject to noise impacts from the proposed or existing Transportation Corridor, in
a form meeting the approval of the Planning Director and the City Attorney (see Noise
Form #1 on file in the Planning Department).
29. Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight.and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #2 on file in the Planning Department).
30. 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 Planning Director (see Noise Form #3 on file in' the Planning
Department).
31. Prior to issuance of a building permit, the Developer shall submit and obtain Planning
Director approval of an exterior lighting plan within the paseo and pocket park areas.
All lighting shall be designed to reflect downward and avoid any impacts on adjacent
homes or property.
32. Architectural features needed to achieve the interior noise standard of 45 dBA
CNEL shall be noted on the building plans. A statement certifying that the required
architectural features have been incorporated into the building plans, signed by a
qualified acoustical consultant, shall be located on the building plans. The architect
shall also include his registration stamp in addition to the required signature.
33. Air conditioning units, if proposed, shall be located within a units exclusive use area
and screened from the public view.
34. In order to ensure that unrestricted access is provided for the community, only non-
locking gates may be used at the pedestrian access point within the pocket park
which connects to the sidewalk on Cannon Road.
35. Phase I of the common recreation area within PA 19 shall be constructed with the
first phase of residential development in PA 21 and shall be completed prior to
occupancy of any residential units.
36. Prior to issuance of the first building permit, except for models, an RV storage area
shall be approved, according to the requirements of the Robertson Ranch Master
Plan, to serve the East Village of Robertson Ranch.
PC RESO NO. 6386 -10-
37. Prior to occupancy of any residential units in PA 21, an RV storage area shall be
2 constructed, according to the requirements of the Robertson Ranch Master Plan, to
serve the East Village of Robertson Ranch.
3
Engineering:
4
General
38. 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
7 Engineer for the proposed haul route.
8.
39. This approval is subject to the approval and conditions of CP 06-17.
9"
10 40. Lot 2 and Lot 11 of Map No. 15608 shall be merged with the filing of the Final Map.
11 41. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
12 the private improvements (e.g. private street pavement, curb, gutter, sidewalk, street
lights, signage, striping, underground storm drain, street trees, curb inlet filters,
sewer laterals, enhanced paving, median curbs/hardscape/landscaping/irrigation,
parkway landscaping/irrigation, etc.) located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within the
15. subdivision.
16 42. There shall be one Final Map recorded for this project.
17 „43. Developer shall install sight distance corridors at all street intersections in accordance
1 ° with City Engineering Standards.
19 44. . Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
20 recorded document that provides reciprocal pedestrian and vehicular access between
this project and Planning Area 15 (Lot 1 of Map no. 15608).
21
45. Prior to release of grading security, Developer shall apply for and receive approval
for a Letter of (Flood) Map Revision (LOMR).
23
46. Developer shall incorporate Low Impact Development (LID) standards into the
24 design of this project per City Standard Urban Stormwater Management Plan
(SUSMP), latest version, including applicable Regional Water Quality Control
Board Orders, all to the satisfaction of the City Engineer.
96 Fees/Agreements
27
47. Developer shall cause property owner to execute and submit to the City Engineer for
28 recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
PC RESO NO. 6386 -11-11.
48. Developer shall cause property owner to execute and submit to the City Engineer for
2 recordation the City's standard form Drainage Hold Harmless Agreement.
3 49. Developer shall cause property owner to apply for and obtain reapportionment of the
assessments imposed on the subject, project in accordance with law governing the
^ associated College Boulevard and Cannon Road-East Assessment District (AD 2003-
r 01), or the assessments must be paid in full. Developer shall pay all associated costs of
said reapportionment. The application shall be submitted to the City Engineer with the
6 application for.the final map.
7 50. This project shall be annexed into City of Carlsbad Street .Lighting and
Landscaping District No. 2 (SL&LD #2). Prior to approval of any grading, building
permits or final map for this project, Developer shall cause Owner to execute an
9 Agreement to annex the subject property into City of Carlsbad SL&LD #2. The
Agreement shall be in a form approved by the Assistant City Finance Director.
10 Developer shall pay all fees necessary to annex the property into SL&LD #2.
11
51. Developer shall cause property owner to execute and submit to the City Engineer a
12 Street Tree Maintenance Agreement addressing private (HOA) maintenance of the
street trees located within the parkways of this development. The form and content
of this agreement shall be to the satisfaction of the City Attorney and the City
14 Engineer.
15 52. Developer shall cause the Property Owner to execute an Encroachment Permit for private
enhanced paving located within public utility easements shown on the Site Plan all to the
16 satisfaction of the City Engineer.
17 Grading
18 53. Based upon a review of the proposed grading and the grading quantities shown on the
19 Tentative Map, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer prior to issuance of a building permit.
20
54. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
receipt of a Notice of Intention from the State Water Resources Control Board.
22
55. Developer shall comply with the City's requirements of the National Pollutant Discharge
23 Elimination System (NPDES) permit and the City's Standard Urban Storm Water
Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant
to best management practices as referenced in the "California Storm Water Best
2<r Management Practices Handbook" to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
26 and subject .to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
27
28 a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
PCRESONO. 6386 -12-
hazardous waste products.
2
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
3 antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
, herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
6 containers.
7 c. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.8»
9 56. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
10 (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
,- to the maximum extent practicable storm water pollutant runoff during construction of
the project.
13
57. Prior to the issuance of grading permit or building- permit, whichever occurs first,
14 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The-SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
Region of the California Regional Water Quality Control Board and City of Carlsbad
Municipal Code. The SWMP shall address measures to avoid contact or filter said
17 pollutants from storm water, to the maximum extent practicable, for the post-construction
stage of the project. At a minimum, the SWMP shall:
18
, g a. Identify existing and post-development on-site pollutants-of-concern.
b. Identify the hydrologic unit this project contributes to and impaired water bodies that
20 could be impacted by this project.
c. Recommend source controls and treatment controls that will be implemented with this
21 project to avoid contact or filter said pollutants from storm water to the maximum
extent practicable before discharging offsite;
d. Establish specific procedures for handling spills and routine cleanup. Special
23 considerations and effort shall be applied to resident education on the proper
procedures for handling cleanup and disposal of pollutants.
24 e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
f. Identify how post-construction runoff rates and velocities from the site will not
exceed the pre-construction runoff rates and velocities to the maximum extent
2/- practicable.
27 58. Developer shall cause property owner to process, execute and submit an executed copy to
the City Engineer for recordation a City standard Permanent Stormwater Quality Best
28 Management Practice Maintenance Agreement for the perpetual maintenance of all
treatment control, applicable site design and source control, post-construction permanent
PCRESONO. 6386 -13-
Best Management Practices prior to the issuance of a grading permit or building permit,
2 or the recordation of a Parcel Map, whichever occurs first for this Project.
3 Dedications/Improvements
4 .59. Developer shall cause Owner to execute a covenant of easement for private storm
r drains, reciprocal vehicular access and reciprocal pedestrian access as shown on the
Tentative Map. The obligation to execute and record the covenant of easement shall be
6 shown and recording information called out on the Final Map. Developer shall provide
City Engineer with proof of recordation prior to issuance of building permit. N
7 . ..
. ' 60. Developer shall cause Owner to make an offer of dedication to the City and/or other
appropriate entities for the general utility easements over Summit Trail and 'AA'
9 Street, and Fire Lane and Emergency Access Easements shown on the Tentative Map.
The offer shall be made by a certificate on the final map. All land so offered shall be free
10 and clear of all liens and encumbrances and without cost to the City. Streets that are
already public are not required to be rededicated.
19 61. Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all priva'te streets shall
13 conform to City of Carlsbad Standards based on R-value tests. All private streets
and drainage systems shall be inspected by the1 City. Developer shall pay the
14 standard improvement plan check and inspection fees.
15
62. Developer shall execute a City standard Subdivision Improvement Agreement to install
1 ° and secure with appropriate security as provided by law, public improvements shown on
the Tentative Map. These improvements include, but are not limited to sidewalks, curbs
and gutters, sewer, water fire hydrants, street lights, pedestrian ramps, drainage structures
18 and Best Management Practices for stormwater treatment. Said improvements shall be
installed to City Standards to the satisfaction of the City Engineer. More specifically,
19 these improvements include:
a) Public street and utility improvements to Glen Avenue,
21 b) Public sewer and water improvements in Summit Trail Court and 'AA'
22 Street, all as shown on the Tentative Map.
23 (A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act). Improvements listed above
shall be constructed within 18 months of approval of the subdivision or development
25 improvement agreement or such other time as provided in said agreement.
26 Final Map Notes
27 Add the following notes to the Final Map as non-mapping data:,
28
63. All improvements are privately owned and are to be privately maintained with the
PC RESO NO. 6386 -14-
exception of the following:
2
a) Public sewer and water facilities.
3 • .
64. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
/
65. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
6 encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad.Engineering Standards. .
7
66. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may.
9 arise through any diversion of_ waters, the alteration of the normal flow of surface waters
or drainage, or the concentration of surface waters or drainage from the drainage system
10 or other improvements identified in the City approved development plans; or by the
design, construction or maintenance -of the drainage system or other improvements
* * identified in the City approved development plans. .
12 Utilities
13
67. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
14 Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
16 satisfaction of the District Engineer.
17 68. The Developer shall design and construct public facilities within public right-of-way
or within minimum 20-foot wide easements granted to the District or the City of
Carlsbad. At the discretion of the District Engineer, wider easements may be
jo required for ad equate maintenance, access and/or joint utility purposes.
20 69. Prior to issuance of building permits, Developer shall.pay all fees, deposits, and charges
for connection to public facilities.
21
70. The Developer shall design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning
23 Department for processing and approval by the District Engineer.
24 71. The Developer shall install potable water and/or recycled water services and meters at
locations approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
26 72. The Developer shall install sewer laterals and clean-outs at locations approved by the
27 District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
28
PCRESONO. 6386 -15-
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73. The Developer shall design and construct public water and sewer facilities substantially
as shown on the Tentative Map to the satisfaction of the District Engineer.
74. The Developer shall provide separate potable water meters for each separately
owned unit.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following: ,
75. The tentative map shall expire two years from the date on which the City Council voted
and approved this application.
76. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the Tentative. Map are for planning purposes only. 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.
77. Developer shall pay a landscape plancheck and inspection fee as required by-Section
20.08.050 of the Carlsbad Municipal Code.
78. 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.
79. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the State Building Code.
80. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
81. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and the Robertson Ranch Master Plan and shall require
review and approval of the Planning Director prior to installation of such signs.
PCRESONO. 6386 -16-
1 NOTICE
2
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
4 "fees/exactions."
5 You have 90 days from date of 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
7 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
g annul their imposition.
9 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
12 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on February 6, 2008, by the following
15 vote, to wit:
16
AYES: Chairperson Baker, Commissioners Boddy, C'ardosa, Dominguez,
Douglas, Montgomery, and Whitton
18
19 NOES:
20 ABSENT:
21 ABSTAIN:
22
23
24 JULIE BkKERv Chairperson
25 CAPXSB^PJiANNING COMMISSION
26 ATTEST:
27
28 DONNEU
Planning Director
PC RESO NO. 6386 -17-
1 PLANNING COMMISSION RESOLUTION NO. 6387
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CONDOMINIUM PERMIT CP 06-17 TO
4 SUBDIVIDE A 12.14 ACRE SITE AND CONSTRUCT 84
DETACHED RESIDENTIAL AIR-SPACE CONDOMINIUM
UNITS ON 2 LOTS WITHIN PLANNING AREA 21 OF THE
6 ROBERTSON RANCH MASTER PLAN ON PROPERTY
GENERALLY LOCATED NORTH OF CANNON ROAD, WEST -.
7 OF FUTURE HILLTOP STREET AND SOUTH OF FUTURE
GLEN AVENUE IN LOCAL FACILITIES MANAGEMENT
8 ZONE 14.
9 CASE NAME: ROBERTSON RANCH PA 21.
CASE NO.: CP06-17
10
WHEREAS, Calavera Hills II-, LLC, "Developer/Owner," has- filed a verified
, 2 application with the City of Carlsbad regarding property described as
#• •-
13 Lots 2 and 11 of Carlsbad Tract No. 02-16, in the City of
Carlsbad, County of San Diego, State of California, according
14 to Map thereof No. 15608, filed in the Office of the County
Recorder of San Diego County, September 18, 2007 as
13 Instrument No. 07-0612802 of Official Records
16
("the Property"); and
17
WHEREAS, said verified application constitutes a request for a Condominium
1 o
19 Permit as shown on Exhibits "A" - "RR" dated February 6, 2008, on file in the Planning
20 Department, ROBERTSON RANCH PA 21 - CP 06-17, as provided by Chapter 21.45 of the
21 Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on February 6, 2008, hold a 'duly
23 • '
noticed public hearing as prescribed by law to consider said request; and
24
WHEREAS, at said public hearing, upon hearing and considering all
26 testimony and arguments, if any, of persons desiring to be heard, said Commission
27 considered all factors relating to the Condominium Permit.
28 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.
2 ...
B) That based on the evidence presented at the public hearing, the Commission
3 RECOMMENDS APPROVAL of ROBERTSON RANCH PA 21 - CP 06-17,
based on the following findings and subject to the following conditions:4 . ' • •
e Findings:
6 1. That the proposed project complies with all applicable development standards included
within Chapter 21.45, in that the project complies with the unique Development
7 Standards and Special Design Criteria of the Robertson Ranch. Master Plan. The
Master Plan provides that the Planned Development Ordinance standards (CMC
Chapter 21.45) and RD-M development standards shall be used unless otherwise
9 modified by the Master Plan. The project design conforms to all applicable design
and development standards including Chapter 21.45 Table C and Table E, and City
10 Council Policy 66.
11 2. That the proposed project's density, site design, and architecture are compatible with
surrounding development, in that the development of 84 detached air space
condominium units is 3 units below the maximum of 87 units allowed- by the
13 Robertson Ranch Master Plan for PA 21 and the proposed development is
compatible with adjacent existing and planned land uses including multi-family
14 apartments and small-lot single family residential lots. These future surrounding
uses are compatible in character and density to the proposed development.
> 3. All findings of Planning Commission Resolution No. 6386 for CT 06-25 are incorporated
herein by reference.
17
Conditions:
18
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
a Final Map or issuance of a grading permit, whichever occurs first.
20 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
21 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
22 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
24 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
25 or a successor in interest by the City's approval of this Condominium Permit.
rjfl
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
27 and modifications to the Condominium Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
28 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
PCRESONO. 6387 -2-
3. Developer shall comply with all applicable provisions of federal,, state, and local laws and
2 regulations in effect at the time of building permit issuance,
3 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
r 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
6 all requirements of law.
7 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
9 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 Condominium Permit,
10 (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. -This obligation
13 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
14
6. This approval is granted subject to the approval of CT 06-25 and is subject to all
conditions contained in Planning Commission Resolution No. 6386 for that other
15 approval.
17 NOTICE
18 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
19 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
20
21 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
22 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
23 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
. annul their imposition.
25 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,
26 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
~o expired.
PC RESO NO. 6387 -3-
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2
Commission of the City of Carlsbad, California, held on February 6, 2008, by the following
3
vote, to wit:
4
c- AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, Montgomery, and Whitton
6
7 NOES:
8 ABSENT:
9 ABSTAIN:
10
11
12 JULIE BAKER,'Chairperson
13 CARLSBADTLANNING COMMISSION
14 ATTEST:
15
16 DONNEU
17 Planning Director
18
19
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22
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24
25
26
27
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PCRESONO. 6387 -4-
THE FOOTHILL8
PA12
Proposed Paik &
Fixe Station
BHDDKMELD
HOMES