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HomeMy WebLinkAbout2005-02-16; Planning Commission; Resolution 58371 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. 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 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, 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 PC RES0 NO. 5837 -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 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 PC RES0 NO. 5837 -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 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. ... ... ... ... ... PC RES0 NO. 5837 -4- 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 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 PC RES0 NO. 5837 -5-