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HomeMy WebLinkAbout2001-09-05; Planning Commission; Resolution 50121 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 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. 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 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- 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 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 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 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. 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 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 ~.-$J.-:.=-- - . *- . ..‘. .p$-. i-1 ORlGlNALlACOSTAMASTERPlAN ! h wl49(Q)-AREftToeEREMovEo N 0 1 Miles I I +k