HomeMy WebLinkAbout2004-10-06; Planning Commission; Resolution 57381
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PLANNING COMMISSION RESOLUTION NO. 5738
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR
MASTER PLAN AMENDMENT FOR PROPERTY
GENERALLY LOCATED IN THE RIDGE AREA OF THE
VILLAGES OF LA COSTA MASTER PLAN IN LOCAL
FACILITIES MANAGEMENT ZONE 11
CASE NAME: VLC RIDGE NEIGHBORHOODS 2.3 AND 2.4
CASE NO: MP 98-01(C)
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
Being a subdivision of Lots 220, 221, 222, 224, 225, 226, 227,
228,229,230,231,232,236,246 and 247 of Carlsbad Tract No.
99-04-02, Villages of La Costa - La Costa Ridge,
Neighborhoods 2.1,2.2,2.3,2.4 and 2.5 in the City of Carlsbad,
County of San Diego, State of California according to map
thereof No. 14838 filed in the Office of the County Recorder of
San Diego County on 7-14-04
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Master Plan
Amendment as shown on Exhibit “MP 98-01(C)” dated October 6, 2004, attached hereto and
on file in the Carlsbad Planning Department VLC RIDGE NEIGHBORHOODS 2.3 AND 2.4
as provided by MP 98-01(C) and Chapter 21.38 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of October 2004,
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.
WHEREAS, on October 23, 2001, the City Council approved, MP 98-01, as
described and conditioned in Planning Commission Resolution No. 5013 and City Council
Resolution No. 2001-318.
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Commission
A)
B)
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
f the City of Carlsbad as follows:
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES VILLAGES OF LA COSTA RIDGE - MP 98-01(C) based on
the following findings and subject to the following conditions:
1.
2.
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6.
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 October 6, 2004 and as included in the Planning Commission Resolution
No. 5736 for CT 04-03.
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 proposed amendment is not
increasing the number of dwelling units but is only shifting two dwelling units (one
unit each from Neighborhoods 2.4 and 2.6) to Neighborhood 2.3.
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 proposed amendment will not change any sites
designated for public facilities.
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 no change to the industrial area
of the master plan is proposed.
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 none of these types of land uses are affected by
the proposed shift of two residential dwelling units between adjacent
neighborhoods.
That the streets and thoroughfares proposed are suitable and adequate to carry the
anticipated traffic thereon, in that the proposed amendment will not change the
number of average daily vehicle trips generated from the master plan and the shift
of the two units between adjacent neighborhoods will not significantly alter vehicle
trip distribution.
PC RES0 NO. 5738 -2-
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7. The project's potential environmental impacts were fully examined, mitigated and
evaluated within the scope of the Villages of La Costa Final Program EIR (98-07)
previously certified and approved on October 23, 2001 along with the adopted
Mitigation Monitoring and Reporting Program, Findings of Fact and Statement of
Overriding Considerations fully satisfying all applicable CEQA requirements for
the proposed project.
Conditions:
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3.
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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.
Prior to the issuance of any permits for the project, the applicant shall submit to the
Planning Director a digital copy and a camera ready master copy of the VILLAGES
OF LA COSTA FUDGE - MP 98-O1(C) Plan, in addition to the required number of
bound copies.
This approval is granted subject to the approval of CT 04-03 and PUD 04-02 and is
subject to all conditions contained in Planning Commission Resolutions No. 5736
and 5737 for these other approvals.
PC RES0 NO. 5738 -3-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafier collectively referred to for convenience as
“fees/exac tions. ”
You have 90 days from date of final approval to protest imposition of these feedexactions. 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 feedexactions
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 feedexactions 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 6th day of October 2004, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Vice Chairperson Baker, Commissioners Cardosa, Dominguez,
Montgomery, and Segall
Chairperson Whitton and Commissioner Heineman
R, Vice Chairperson
LANNING COMMISSION
ATTEST:
MICHAEL J. H&Z~LER
Planning Director
PC RES0 NO. 5738 -4-