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HomeMy WebLinkAbout2004-10-20; Planning Commission; Resolution 57511 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. 5751 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FROM RESIDENTIAL LOW-MEDIUM DENSITY (RLM) AND OPEN SPACE (OS) TO RESIDENTIAL LOW-MEDIUM DENSITY (EM), RESIDENTIAL MEDIUM-HIGH DENSITY (RMH), AND OPEN SPACE (OS) ON PROPERTY GENERALLY LOCATED EAST OF COLLEGE BOULEVARD AND NORTH OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: CANTARINI RANCH CASE NO.: GPA 01-09 WHEREAS, Bentley Monarch LLC, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by The Bentley-Monarch Joint Venture; Holly Springs, Ltd.; and Rancho Carlsbad Partners “Owners,” described as That portion of Lot “B” in Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County on November 16,1896, described in a Grant Deed recorded July 9, 1962 as File/Page No. 116406 of Official Records. Except therefrom that portion thereof described in a Grant Deed recorded November 19, 1965 as File/Page No. 210231 of Official Records. Also including portions of Lot “D” and “E” of said Map No. 823, described in a Grant Deed recorded September 7,1995, as Doc. # 1995-00100176 of Official Records. Also including a portion of Lot “B” of said Map No. 823, described in a Grant Deed recorded September 7,1995, as Doc. # 1995-0398027 of Official Records (“the Property”); and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit “GPA 01-09” dated October 20,2004, attached hereto and on file in the Carlsbad Planning Department CANTARINI RANCH - GPA 01-09 as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; 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, the Planning Commission did, on the 20th day of October 2004, hold a duly noticed public hearing as prescribed by law to 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 General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CANTAFUNI RANCH - GPA 01-09, based on the following findings: Findings: 1. 2. The Planning Commission finds that the project is in conformance with the Elements of the City’s General Plan and Specific Plan SP 191 based on the facts set forth in the staff report dated October 20, 2004 including, but not limited to the following: that the proposed change in General Plan Land Use Designations from Residential Low- Medium Density (RLM, 0-4 du/ac) and Open Space (OS) to FUM, Residential Medium-High Density (RMH, 8-15 du/ac), and OS land use designations are compatible with the surrounding land uses in that the adjacent lands are designated for RLM and OS land uses; that the RMH land use designation implements the density of 12.88 du/ac proposed for the multi-family project site; that the RLM land use designation implements the Sunny Creek Specific Plan SP 191 densities of 1-2 du/ac and minimum lot size requirements of 1/2 acre; that the land use change to OS is based on the environmental constraints of the property and is environmentally and topographically appropriate for the site in that the slopes and the habitat areas included in the open space preserve areas are found to be “equal to or better” than the “hardline areas” shown in the City’s draft Habitat Management Plan and that these areas are proposed to be designated as Open Space on the General Plan Land Use Map. That the boundaries of the existing OS designated lands do not coincide with the boundaries of the HMP hardline conservation area. Policy C.20 of the Open Space Planning and Protection Section of the General Plan Open Space and Conservation Element requires findings to adjust the boundaries of any open space shown on the “Official Open Space and Conservation Map” dated September 1994. The necessary findings are: A. The proposed open space is equal to or greater than the area depicted on the Official Open Space Map. The proposed adjustment in open space PC RES0 NO. 5751 -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 boundaries will increase the acreage designated as OS in Cantarini Ranch from approximately 5.5 acres to 59.14 acres; B. C. Conditions: 1. ... ... ... ... ... ... *.. ... ... ... ... ... ... The proposed open space area is of environmental quality equal to or greater than that depicted on the Official Open Space Map. The open space adjustment will eliminate the RLM land use designations on the open space preserve areas and will preserve additional acres of open space within a critical wildlife habitat corridor; and The proposed adjustment to open space is within close proximity to the open space presently shown on the Official Open Space Map. The proposed amendment will change and increase the acreage of open space within the Cantarini Ranch project boundaries by 46.4 acres. The additional open space is contiguous with existing open space. This approval is granted subject to the certification, adoption and approval of the Environmental Impact Report (EIR 02-02) and Mitigation Monitoring and Reporting Program, LFMP 15(C) and ZC 00-05 and is subject to all conditions contained in Planning Commission Resolutions No. 5749,5750 and 5752 for those other approvals incorporated herein by reference. PC RES0 NO. 5751 -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 20th day of October 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall - hANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOL~IL~~R Planning Director PC RES0 NO. 5751 -4- GPA 01 -09 - Cantarini Ranch Property From: A. 209-070-01 RLM 8. 209-070-02 RLM C. Por 209-060-60 RLM D. Por 168-050-51 RLM October 20,2004 To: RLM & OS os RLM, OS & RMH RMH, RLM & OS