HomeMy WebLinkAbout2002-01-02; Planning Commission; Resolution 51141
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. 5114
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 THE CITY
OF OCEANSIDE, EAST OF LAKE CALAVERA, NORTH OF
FUTURE CANNON ROAD ALIGNMENT AND STRADDLING
PORTIONS OF FUTURE COLLEGE BOULEVARD
ALIGNMENT IN LOCAL FACILITIES MANAGEMENT ZONE
7.
CASE NAME: CALAVERA HILLS PHASE II
CASE NO: MP 1500
WHEREAS, Carlsbad Hills II, L.L.C., “Developer’T’Owner,” has filed a
verified application with the City of Carlsbad regarding property described as
“ A portion of Lots D “, “E”, “J” and “L” of Ranch0 Agua
Hedionda, according to partition map thereof No. 823, fued in
the Office of the County Recorder of said San Diego County on
November 16,1896 all being in the City of Carlsbad, County of
San Diego, State of California.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Master Plan
Amendment as shown on Exhibit uMP 150(H)” dated December 19, 2001, on file in the
Planning Department, CALAVERA HILLS PHASE II - MP 150 (II) as provided by MP 150
as amended, and Chapter 21.38 of the Carlsbad Municipal Code, and as shown on attached
Exhibit “X7’; and
WHEREAS, the Planning Commission did, on the 19th day of December, and
on the 2nd day of January, 2002, 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:
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
4
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CALAVERA HILLS - MP 150 (H) based
on the following findings and subject to the following conditions:
Findings:
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 December 19,200l.
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 master plan property will be
subject to the requirements of the Local Facilities Management Plan for Zone 7.
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, or community
facilities are adequate to serve the anticipated population and appear acceptable to the
public authorities having jurisdiction thereof, in that proposed master plan amendment
builds out the remaining dwelling unit allowance of the Calavera Hills Master Plan
while providing regionally significant wildlife corridors, community facilities,
project open space areas and affordable housing.
4. That appropriate measures are proposed to mitigate any adverse environmental impact as
noted in the adopted Final Environmental Impact Report 98-02 for the project, and 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 150 (II)) is granted subject to the approval of EIR 98-02, GPA 99-
03, LFMP 87-07(A), ZC 01-01, CT 00-02 and HDP 00-02.
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.”
PCRESONO. 5114
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
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 tile 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 2nd day of January 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Compas, Dominguez,
Heineman, Nielsen, and Segall
NOES: None
ABSENT: Commissioner Baker
ABSTAIN: None
SEENA TRIGAS, ChairpeAon
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PCRESONO. 5114
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 ‘IX”
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE CALAVERA HILLS
MASTER PLAN TO ESTABLISH WILDLIFE CORRIDORS,
UPDATE THE PLAN TO CURRENT CITY STANDARDS, AND
ALLOW FOR THE BUILD-OUT OF CALAVERA HILLS
GENERALLY LOCATED SOUTH OF THE CITY OF OCEANSIDE
AND WEST OF LAKE CALAVERA
CASE NAME: CALAVERA HILLS PHASE II
CASE NO.: MP 150 (H)
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the City Council of the City of Carlsbad, California, has reviewed and
considered a master plan amendment (MP 150-H) to allow for the buildout of this master plan
and the establishment of regionally significant wildlife corridors; and
WHEREAS, the City Council did on the day of
2002, 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
consistent with Chapter 21.38 of the municipal code as shown on Exhibit “MP 150 (H),
incorporated herein by reference.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
follows:
SECTION I: That Master Plan Amendment MP 150 (H), on file in the Planning
Department, and incorporated herein by reference, is approved. The amended Calavera Hills
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. 5114 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 in the City of Carlsbad within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the - day of 2002. and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the - day of 2002, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS. Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
-2-