HomeMy WebLinkAbout2006-08-16; Planning Commission; Resolution 61561
PLANNING COMMISSION RESOLUTION NO. 6156
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A MASTER PLAN AMENDMENT TO
DELETE FROM THE LA COSTA MASTER PLAN (MP 149) A
5 0.5-ACRE VACANT SITE AT 7201 RANCHO SANTA FE
ROAD AND APPROXIMATELY 0.5 MILE SOUTH OF SAN
6 ELIJO ROAD IN LOCAL FACILITIES MANAGEMENT
ZONE 11.
7 CASE NAME: FIRE STATION NO. 6
8 CASE NO: MP 149OJ)
9 WHEREAS, City of Carlsbad, "Developer/Owner," has filed a verified
10 application with the City of Carlsbad regarding property described as
11 That portion of Section 31, Township 12 South, Range 3 West,
12 San Bernardino Base and Meridian, in the City of Carlsbad,
County of San Diego, State of California described in the
13 corporation grant deed from the Daon Corporation to the City
of Carlsbad, a municipal corporation, recorded March 8,1984,
as instrument number 84-85792 and also shown as being the
15 "Not A Part" Parcel on sheet 25 of 45 sheets of City of
Carlsbad CT 99-04-01 Villages of La Costa - La Costa Oaks
16 South Map No. 14379 filed April 29, 2002, as File Number
2002-0358064 in the Office of the County Recorder of said
17 County. Assessor's Parcel Number 223-617-24
18 ("the Property"); and
19 WHEREAS, said verified application constitutes a request for a Master Plan
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Amendment as shown on Exhibit "Y" dated August 16, 2006, on file in the Carlsbad Planning
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Department, Fire Station No. 6 - MP 149(U), as provided by MP 149, the La Costa Master
23 Plan, and Chapter 21.38 of the Carlsbad Municipal Code; and
24 WHEREAS, MP 149(U) would delete a city-owned 0.5-acre vacant parcel,
identified by Assessor's Parcel Number 223-617-24, from the La Costa Master Plan; and
WHEREAS, the Planning Commission did, on the 16th day of August, 2006,
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consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Master Plan Amendment.
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5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
5 Commission of the City of Carlsbad as follows:
7 A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
9 RECOMMENDS APPROVAL of FIRE STATION NO. 6 - MP 149(U) based
on the following findings and subject to the following conditions:
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Findings;
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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
13 report dated August 16,2006, including, but not limited to the following:
a. Public Safety Element, Fire and Emergency Medical Services Goal A.2: "A
14 City which optimizes the organization and delivery of emergency services."
b. Public Safety Element, Fire and Emergency Medical Services Objective B.2:
' ^ "To maintain an initial response emergency travel response time of five (5)
,g minutes."
c. Land Use Element, Growth Management and Public Facilities Goal A.2: "A
17 City which maintains a system of public facilities adequate for the projected
population."
18 d. Land Use Element, Overall Land Use Pattern Goal A.2: "A City which
provides for an orderly balance of both public and private land uses...and
ensures that all such uses, type, amount, design, and arrangement serve to
20 protect and enhance the environment, character and image of the City."
21 2. That removal of the project site from MP 149 is appropriate as the entire area
surrounding the project site was deleted from the La Costa Master Plan in 2001 as
22 part of the Villages of La Costa Master Plan adoption. However, the project site
_„ remains an isolated, detached part of the La Costa Master Plan and is shown as
"not a part" of the Villages of La Costa Master Plan. The project site is surrounded
24 by open space preserve, is not part of any planned community, and La Costa Master
Plan standards identify it as part of a larger master plan residential development,
25 not a single fire station surrounded by open space. Further, the City acquired the
site in the late 1980s for the express purpose of building a fire station. Considering
2" the project site's intended use, its isolation from surrounding development, and
27 changed circumstances regarding the land use regulations now affecting it, its
removal from the La Costa Master Plan is acceptable.
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PCRESONO. 6156 -2-
3. That all necessary public facilities can be provided concurrent with need, and adequate
2 provisions have been provided to implement those portions of the Capital Improvement
Program applicable to the subject property, in that Fire Station No. 6 is a Capital
3 Improvement Program project (#3901) and all necessary utilities and public
facilities to serve the project, such as extension of utilities and suitable project access
4 to and from Rancho Santa Fe Road, have been analyzed and determined to be
<- available for the project.
6 4. 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
7 effects from such development, in that the project complies with the adjacency
standards of the Habitat Management Plan and Habitat Conservation Plan/Ongoing
Multi-Species Plan to ensure it is compatible with the surrounding open space
o habitat preserve. Further, a project mitigation measure requires emergency vehicle
sirens to be activated upon a vehicle entering Rancho Santa Fe Road to reduce
10 temporary noise impacts on existing and future residents in the near development
areas.
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5. That the streets and thoroughfares proposed are suitable and adequate to carry the
anticipated traffic thereon, in that Rancho Santa Fe Road, a prime arterial roadway,
13 has adequate capacity to handle the small amount of traffic (30-35 average daily
trips) generated by the project.
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6. That the area surrounding the development is or can be planned and zoned in
15 coordination and substantial compatibility with the development, in that the project is
Ig entirely surrounded by open space habitat preserve and the regulations applicable
to the open space preserve contain provisions, such as adjacency standards, to
17 ensure compatibility with development. The project is compatible with these
provisions.
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7. That appropriate measures are proposed to mitigate any adverse environmental impact as
noted in the Mitigated Negative Declaration (MND) recommended for adoption for the
2Q project, in that the adoption of the MND includes adoption of a Mitigation
Monitoring and Reporting Program, which contains all mitigation measures
21 necessary to reduce any adverse environmental impacts to a level of insignificance.
22 Conditions:
23 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
24 building or grading permit, whichever occurs first.
25 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
2" implemented and maintained according to their terms, the City shall have the right to
27 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
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
PCRESONO. 6156 -3-
Developer/Owner or a successor in interest by the City's approval of this Master Plan
2 Amendment.
3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Master Plan Amendment documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
7 regulations in effect at the time of building or grading permit issuance.
o0 4. Developer shall implement, or cause the implementation of, the Fire Station No. 6
o Mitigation Monitoring and Reporting Program.
10 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Master Plan Amendment,
13 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
14 (c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
,,- survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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6. This approval is granted subject to the adoption of the Mitigated Negative Declaration
18 and Mitigation Monitoring and Reporting Program for ZC 05-12, CUP 05-13 and
HMPP 06-01, approval of ZC 05-12, CUP 05-13, and HMPP 06-01, and is subject to
all conditions contained in Planning Commission Resolutions No. 6154, 6155, 6157, and
2Q 6158 for those other approvals incorporated herein by reference.
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of August, 2006, by the
following vote, to wit:
AYES:
NOES:
Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, and Whitton
ABSENT: Commissioner Segall
ABSTAIN:
MARTELL B. MOHJTGOMERY, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
Assistant Planning Director
PCRESONO. 6156 -5-
Exhibit Y
August 16, 2006
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE LA COSTA
3 MASTER PLAN (MP 149) BY REMOVING FROM IT A 0.5 ACRE
CITY-OWNED PARCEL IDENTIFIED AS ASSESSOR'S PARCEL
4 NUMBER 223-617-24 AND LOCATED AT 7201 RANCHO SANTA
FE ROAD APPROXIMATELY 0.5 MILE SOUTH OF SAN ELIJO
5 ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 11.
CASE NAME: FIRE STATION NO. 6
6 CASE NO.: MP 149(U)
7 WHEREAS, the City Council of the City of Carlsbad, California, has reviewed and
8 considered an amendment to the La Costa Master Plan (MP 149) to remove from the Master
9 Plan a vacant, 0.5 acre, city-owned parcel that is the site of proposed Fire Station No. 6; and
10 WHEREAS, the City Council did on the day of , 2006,
11 hold a duly noticed public hearing as prescribed by law to consider said request; and
12 WHEREAS, said application constitutes a request for a master plan amendment,
13 case number MP 149(U), consistent with Chapter 21.38 of the municipal code as shown on
Exhibit "MP 149(U)", attached hereto and incorporated herein by reference.
The City Council of the City of Carlsbad, California does ordain as follows:
16 SECTION I: That Master Plan Amendment MP 149(U) removes the 0.5 acre
parcel, identified as Assessor's Parcel Number 223-617-24, from the La Costa Master Plan (MP
18 149) and is one of the actions necessary to allow the approval of proposed Fire Station No. 6,
19 as described in the related project files ZC 05-12, CUP 05-13, and HMPP 06-01 on file in the
9ft Planning Department and incorporated herein by reference.
SECTION II: That the findings and conditions of the Planning Commission in
99 Planning Commission Resolution No. 6156 shall also constitute the findings and conditions of
23 the City Council.
24 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
25 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
96 published at least once in a newspaper of general circulation within fifteen days after its
adoption.
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1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
2 Council held on the _ day of _ , 2006, and thereafter.
3 PASSED AND ADOPTED at a regular meeting of said City Council held on the
4 _ day of _ , 2005, by the following vote, to wit:
5 AYES:
6 NOES:
7 ABSENT:
8 ABSTAIN:
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APPROVED AS TO FORM AND LEGALITY
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RONALD R. BALL, City Attorney
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14 CLAUDE A. LEWIS, Mayor
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ATTEST:16
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, 0 LORRAINE M. WOOD, City Clerk
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MP 149(U)Fire Station No. 6
08/16/06 Master Plan Amendment
EXISTING
Not Part of MP149
PROPOSED
Related Case File Nofs): ZC 05-12/CUP 05-13/HMPP 06-01
La Costa Master Plan Map Boundary Change
Property From:To:
A. 223-61 7-24-00
a
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D.
MP149 Remove from MP149