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.