Loading...
HomeMy WebLinkAbout2006-08-16; Planning Commission; Resolution 61561 PLANNING COMMISSION RESOLUTION NO. 6156 2 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 20 Amendment as shown on Exhibit "Y" dated August 16, 2006, on file in the Carlsbad Planning 21 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, 27 consider said request; and 28 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 3 relating to the Master Plan Amendment. 4 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. o 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: 10 Findings; 11 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. 28 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. 11 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. 14 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. 18 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. 6 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. 17 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. 21 22 23 24 25 26 27 28 PCRESONO. 6156 -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 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. 28 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: 9n APPROVED AS TO FORM AND LEGALITY 10 RONALD R. BALL, City Attorney 13 14 CLAUDE A. LEWIS, Mayor 15 n ATTEST:16 17 , 0 LORRAINE M. WOOD, City Clerk lo 19 (SEAL) 20 21 22 23 24 25 26 27 28 -2- 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 __ D. MP149 Remove from MP149