HomeMy WebLinkAbout2001-09-05; Planning Commission; Resolution 50131
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. 5013
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A MASTER PLAN FOR THE DEVELOPMENT
OF 2,390 DWELLING UNITS OF VARIOUS PRODUCT TYPES
AND LOT SIZES, A BUSINESS PARR, COMMUNITY
FACILITIES SITES, A COMMUNITY PARR SITE, AN
ELEMENTARY SCHOOL SITE AND THE PRESERVATION
OF OPEN SPACE 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 98-01
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 as
shown on Exhibit “MP 98-01” dated December 2000, on file in the Carlsbad Planning
Deparhnent VILLAGES OF LA COSTA - MP 98-01 as provided by 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.
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
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.
W
Findings:
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of VILLAGES OF LA COSTA, MP - 98-01
based on the following findings and subject to the following conditions:
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 and as included in the Planning Commission Resolution
for General Plan Amendment 98-01 incorporated by reference herein.
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 master plan contains required
public facility improvements consistent with those contained in the Local Facilities
Management Plans for Zones 10 and 11 which the project must implement in order
to comply with city standards and ordinances including the Growth Management
Plan.
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 the master plan includes a site for the future Alga Norte
Community Park as well as a possible site for an elementary school. The final
determination on the size of the elementary school site can be deferred by the school
district up to the time residential development is proposed on the proposed site at
which time the district will be notified of the proposal and be required to indicate
whether they plan to acquire the site. All proposed development is compatible with
existing land uses on the perimeter of the site as demonstrated in the staff report as
well as the Land Use and Community Character section of Final Program EIR 98-
07.
4. That the proposed industrial uses will be appropriate in area, location, and overall design
to the purpose intended, that the design and development are such as to create an
environment of sustained desirability and stability, and that such development will meet
performance standards established by Title 21, in that the master plan includes the
requirements of the Planned Industrial Zone for the applicable Planning Area.
5. That in the case of institutional, recreational, and other similar nonresidential uses, such
development will be proposed, and surrounding areas are protected from any adverse
effects from such development, in that such uses are sited in locations where they are
adjacent to existing or planned uses which are compatible and the master plan
PC RESO NO. 5013 -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
6.
7.
8.
includes development, design standards, and required permit processes to ensure
that land use conflicts are not created.
That the streets and thoroughfares proposed are suitable and adequate to carry the
anticipated traffic thereon, in that the master plan includes various street improvements necessary for the development as well as portions of circulation
element roadways identified in the General Plan.
That the area surrounding the development is or can be planned and zoned in coordination
and substantial compatibility with the development, in that proposed master plan
perimeter land uses were determined based on achieving compatibility with
surrounding existing development and zoning designations.
That appropriate measures are proposed to mitigate any adverse environmental impact as
noted in the adopted Final Program Environmental Impact Report for the project, in that the mitigation measures identified in Final Program EIR 98-07, the Candidate
Findings of Fact and the Mitigation Monitoring and Reporting Program will be
implemented and a Statement Of Overriding Considerations is proposed for the
significant impacts that will not be mitigated to below a level of significance.
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 98-01 is granted subject to the approval of EIR 98-07, GPA 98-01,
MP 149(Q), LFMP 10 and LFMP 11 (I3).
3. As a result of the City Council decision to acquire the entire 32.9 acres identified in
the 1996 Parks Agreement the master plan shall be revised to delete Area 1.4 and
expand Area 1.5 to include that area. All other master plan revisions necessary to
be consistent with this action shall be made. The Area 1.4 designation shall be
reserved for possible future use at such time as the Carlsbad Unified School District
determines the exact boundaries for the school site.
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
PC RESO NO. 5013 -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
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:
1
CARLSBAD PLANNiNG COMMISSION CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HtiZMItiER
Planning Director
PC RESO NO. 5013 -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
EXHIBIT “MP 98-01”
August 29,200l
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE VILLAGES OF LA
COSTA MASTER PLAN, MP 98-01 ON APPROXIMATELY 1,866.4 ACRES GENERALLY LOCATED SOUTH OF PALOMAR
AIRPORT, 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 98-l
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 Villages of La Costa Master Plan is in conformance with the
approved City of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan/Ongoing
Multi-Species Plan for the subject property as well as current city ordinances; and
WHEREAS, the City Council did on the day of I
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 as shown on
Exhibit “MP 98-01” dated December 2000, incorporated by reference.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
follows:
SECTION I: That Master Plan 98-01 dated December 2000, on file in he
Planning Department, and incorporated by reference herein, is approved. The Master Plan
shall constitute the development plan for the property and all development within the plan area
shall conform to the plan.
SECTION II: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 5013 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
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
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-