HomeMy WebLinkAbout2005-02-16; Planning Commission; Resolution 58371
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PLANNING COMMISSION RESOLUTION NO. 5837
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR
MASTER PLAN AMENDMENT TO LOCATE AN
ELEMENTARY SCHOOL SITE ON A PORTION OF
NEIGHBORHOOD 1.7 AND DESIGNATE THE AREA AS
SCHOOL AREA 1.4; RELOCATE A SHARED RECREATION
FACILITY LOT FOR NEIGHBORHOODS 1.6 AND 1.7 FROM
NEIGHBORHOOD 1.7 TO NEIGHBORHOOD 1.6; AND
MODIFY TEXT AND GRAPHICS IN THE VILLAGES OF LA
COSTA MASTER PLAN TO REFLECT THESE ACTIONS FOR
PROPERTY GENERALLY LOCATED IN THE GREENS
VILLAGE OF THE VILLAGES OF LA COSTA MASTER PLAN
IN LOCAL FACILITIES MANAGEMENT ZONE 10.
CASENAME: VILLAGES OF LA COSTA GREENS
NEIGHBORHOODS 1.4 AND 1.7
CASE NO: MP 98-01(D)
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 5, 7 and 46 of Carlsbad Tract No.
99-03 La Costa Greens, in the City of Carlsbad, County of San
Diego, State of California, according to map thereof No. 14543,
filed in the office of the County Recorder of San Diego County
February 12,2003
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Master Plan
Amendment as shown on Exhibit “MP 98-01@)” dated February 16,2005, attached hereto by
reference and on file in the Carlsbad Planning Department VILLAGES OF LA COSTA
GREENS NEIGHBORHOODS 1.4 AND 1.7 as provided by MP 98-01@) and Chapter 21.38
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of February 2005,
consider said request; and
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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 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.
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 VILLAGES OF LA COSTA GREENS NEIGHBORHOODS
1.4 AND 1.7 - MP 98-01(D) based on the following findings and subject to the
following conditions:
Findinm:
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 February 16,2005 and as included in Planning Commission Resolutions
No. 5838 and 5839 for CT 04-15 and PUD 04-13.
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 formally designating School Area 1.4
and relocating the required recreation area for Neighborhoods 1.6 and 1.7 from
Neighborhood 1.7 to Neighborhood 1.6.
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 formally designate School
Area 1.4 and relocate the required recreation area for Neighborhood 1.6 and 1.7
from Neighborhood 1.7 to Neighborhood 1.6, but will not change any sites
designated for other public facilities.
4. 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
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environment of sustained desirability and stability, and that such development will meet
performance standards established by Title 2 1, in that no change to the industrial area
of the master plan is proposed.
5. 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 fiom such development, in that those lots adjacent to School Area 1.4 are
separated by intervening slopes that are approximately 40 feet in height that create
a sufficient buffer separation.
6. 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 total
number of average daily vehicle trips generated from the master plan.
7. The Planning Director has determined that:
a. the project is a(n) subsequent activity of the Villages of La Costa 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); [ 15 168(c)(2) and (e)]; and
b. this project is consistent with the Master Plan cited above; and
c. the Villages of La Costa Master Plan EIR 98-07 was certified in connection
with the prior plan; and
d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist; and
f. all feasible mitigation measures or project alternatives identified in the Villages of
La Costa Master Plan EIR 98-07, which are appropriate to this Subsequent
Project, have been incorporated into this Subsequent Project.
8. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
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issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s approval of this Master Plan Amendment.
2. 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.
3. 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 GREENS NEIGHBORHOODS 1.4 AND 1.7 - MP 98-O1(D) exhibits
consistent with Exhibits 98-Ql(D) dated February 16,2005.
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 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 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.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of February 2005, by the
following vote, to wit:
AYES: Vice Chairperson Montgomery, Commissioners Cardosa,
Dominguez, Heineman, and Whitton
NOES:
ABSENT:
ABSTAIN:
Chairperson Segall and Commissioner Baker
ATTEST: r\
DON NEU
Assistant Planning Director
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