HomeMy WebLinkAbout2001-09-05; Planning Commission; Resolution 50121
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PLANNING COMMISSION RESOLUTION NO. 5012
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A MASTER PLAN AMENDMENT FOR
PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR
AIRPORT ROAD, EAST OF EL CAMINO REAL, NORTH AND
EAST OF LA COSTA AVENUE, AND STRADDLING
PORTIONS OF RANCH0 SANTA FE ROAD IN LOCAL
FACILITIES MANAGEMENT ZONES 10 AND 11.
CASE NAME: VILLAGES OF LA COSTA.
CASE NO: MP 149(Q)
WHEREAS, Morrow Development, “Developer”, has filed a verified application
with the City of Carlsbad regarding property owned by Real Estate Collateral Management
Company, “Owner”, described as
See Exhibit “EIR - A”, as attached to Planning Commission
Resolution No. 5010, hereby incorporated by reference
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Master Plan
Amendment w shown on Exhibit “MP 149(Q)” dated August 29, 2001, attached hereto,
VILLAGES OF LA COSTA - MP 149 (Q) as provided by MP 149 as amended and Chapter
21.38 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 29th day of August 2001 and
on the 5th day of September 2001, consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Master Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 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
RECOMMENDS APPROVAL of VILLAGES OF LA COSTA - MP 149 (Q)
based on the following findings and subject to the following conditions:
Findinps:
1. The Planning Commission finds that the project, as conditioned herein, is in conformance
with the Elements of the City’s General Plan, based on the facts set forth in the staff
report dated August 29,200l.
2. That all necessary public facilities can be provided concurrent with need and adequate
provisions have been provided to implement those portions of the Capital Improvement
Program applicable to the subject property, in that the property will be subject to the
requirements of the Local Facilities Management Plans for Zone 10 and 11.
3. That the residential and open space portions of the community will constitute an
environment of sustained desirability and stability, and that it will be in harmony with or
provide compatible variety to the character of the surrounding area, and that the sites
proposed for public facilities, such as schools, playgrounds and parks, are adequate to
serve the anticipated population and appear acceptable to the public authorities having
jurisdiction thereof, in that removal of the subject area from the La Costa Master
Plan and adoption of the Villages of La Costa Master Plan for those areas will
provide an up to date plan for the development of the area that is compatible with
all adjacent land uses and is in conformance with the Habitat Conservation Plan
approved in 1995 for the property.
4. The proposed amendment which removes the subject property from the La Costa
Master Plan will create a positive impact by creating mechanisms to review future
development in accordance with current policies and ordinances.
5. That appropriate measures are proposed to mitigate any adverse environmental impact as
noted in the adopted Final Program Environmental Impact Report 98-07 for the project,
as listed in the Candidate Findings of Fact, Statement of Overriding Considerations,
and Mitigation Monitoring and Reporting Program.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Master Plan document(s) necessary to make them internally
consistent and in conformity with final action on the project. Development shall occur
substantially as shown in the approved Exhibits. Any proposed development different
from this approval, shall require an amendment to this approval.
2. The approval of MP 149(Q) is granted subject to the approval of EIR 98-07, GPA 98-
01, MP 98-01, LFMP 10 and LFMP 11 (B).
PC RESO NO. 5012 -2-
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NOTICE
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
“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 the 5th day of September 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman,
Nielsen, and Trigas
NOES:
ABSENT:
ABSTAIN:
3
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 5012
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EXHIBIT MP 149(Q)
August 29,200l
I ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE LA COSTA
MASTER PLAN BY THE DELETION OF VARIOUS SECTIONS
REFERRING TO THE NORTHWEST, RANCHEROS, AND PORTIONS OF THE SOUTHEAST TO REMOVE THOSE AREAS
FROM THE MASTER PLAN ON APPROXIMATELY 1,866.4
ACRES GENERALLY LOCATED SOUTH OF PALOMAR
AIRPORT ROAD.
CASE NAME: VILLAGES OF LA COSTA
CASE NO.: MP 149(Q)
WHEREAS, the City Council of the City of Carlsbad, California has reviewed and
considered a Master Plan Amendment, to remove property referred to as the Northwest,
Rancheros and selected portions of the Southwest from the La Costa Master Plan in order that
they may be subject to the Villages of La Costa Master Plan (MP 98-01); and
WHEREAS, with the approval of Master Plan Amendment MP 149(O) the City
Council directed that a new master plan be prepared for the subject areas; and
WHEREAS, the La Costa Master Plan is not in conformance with the approved
City of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan/Ongoing Multi-
Species Plan for the subject property; and
WHEREAS, the City Council did on the day of ,
2001 hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, said application constitutes a request for a Master Plan Amendment
as shown on Exhibit “MP 149(Q)-A” attached hereto, and “MP 149(Q)-B” on file in the Planning
Department dated August 29,2001, and made a part hereof.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
follows:
SECTION I: That Master Plan Amendment 149(Q) dated August 29, 2001, on
file in he Planning Department, and incorporated by reference herein, is approved. The Master
Plan Amendment shall constitute the development plan for the property still subject to the plan
and all development of the property remaining within the plan boundaries shall conform to the
plan.
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SECTION II: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 5012 shall also constitute the findings and conditions of
the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation the City of Carlsbad within fifteen
days after its adoption.
INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City
Council on the day of 2001, and thereafter.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, held on the day of 2001, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
-2-
EXHIBIT - “MP i49(Q) - A”
LA COSTA MASTER PLAN AMENDMENT
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