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HomeMy WebLinkAbout2003-09-17; Planning Commission; Resolution 54601 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. 5460 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR MASTER PLAN AMENDMENT TO THE BRESSI RANCH MASTER PLAN OF WHICH BOUNDARIES ARE GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD, EAST OF EL CAMINO REAL, WEST OF THE FUTURE EXTENSION OF EL FUERTE STREET AND NORTH OF THE FUTURE EXTENSION OF POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: BRESSI RANCH RESIDENTIAL CASE NO: MP 178(A) WHEREAS, Bressi Garden Lane LLC, ”Developer and Owner,” has filed a verified application with the City of Carlsbad regarding property described as: Lots 1 through 22 of Carlsbad Tract No. 00-06 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14600 filed in the office of the County Recorder of San Diego County May 29,2003 (“the Property”); and WHEREAS, said verified application constitutes a request for a Minor Master Plan Amendment as shown on Exhibit MP 178(A) dated September 17, 2003, attached hereto, and on file in the Carlsbad Planning Department BRESSI RANCH RESIDENTIAL - MP 178(A) as provided by MP 178 and Chapter 21.38 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of September 2003, 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; and WHEREAS, on July 9, 2002, the City Council approved, MP 178, as described and conditioned in Planning Commission Resolution No. 5204 and City Council Ordinance No. NS-635; and 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 WHEREAS, adjustments to the number of residential units within each of the planning areas of no more than 10% shall be sanctioned by a Minor Master Plan Amendment as specified in Chapter VI, Section G of the Bressi Ranch Master Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES BRESSI RANCH RESIDENTIAL - MP 178(A) based on the following findings and subject to the following conditions: Findinm : 1. 2. 3. The Planning Commission finds that the Minor Master Plan Amendment is in conformance with the Elements of the City’s General Plan, based on the facts set forth in the staff report dated September 17, 2003 since the amendment maintains the Master Plan’s consistency with the Residential Low (RL), Residential Low-Medium (RLM), Residential Medium (RM) and Residential Medium High (RMH) General Plan Land Use Designations. That the amendment is consistent with Chapter VI, Section G of the Bressi Ranch Master Plan in that a minor amendment to the Master Plan is required to account for any change to the residential unit count for any of the residential planning areas of the Master Plan of less than 10% and that all requested adjustments are less than 10%. The Planning Director has determined that: a. the project is a subsequent activity of the Bressi Ranch Master Plan 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; [15168(c)(2) and (e)]; b. this project is consistent with the Master Plan cited above; c. EIR 98-04 was certified in connection with the prior Master Plan; d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist; and PC RES0 NO. 5460 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 2t 2; 2t f. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 98-04 applicable to the proposed Planning Area projects have been completed, incorporated into the project design or are required as conditions of approval for the project. 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. 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. ... ... ... ... ... PC RES0 NO. 5460 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of September 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None n 1 R, Chairperson C&I&MD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5460 -4- MP 178(A) Dated September 17,2003 XIV. MASTER PLAN AMENDMENT LOG A. Planning Area Unit Count As discussed in Section V1.G of this Master Plan, the Master Plan provides an estimate of the approximate number of units that will be developed within each Planning Area. The exact number of units that will be developed within each Planning Area will be determined during the subsequent review of the tentative maps that divide each Planning Area into individual residential lots. A Master Plan Amendment is required with each tentative map requesting a change in the anticipated number of dwelling units stated in Exhibit XIV-1 (below) for the Planning Areas. This amendment will revise Exhibit XIV-1 to indicate exactly how many units have been approved in each Planning Area and how many remaining units exist in the Master Plan. * The maximum cumulative number of dwelling units permitted in Planning Areas 6, 7 8, 9, 10, 11, 12 and 15 is 623. In no case shall the number of dwelling units approved in an individual Planning Area exceed that allowed by its General Plan designation (see Exhibit 111-1 on page 111-1 l), nor shall the total number of residential units in the Master Plan exceed 623.