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HomeMy WebLinkAbout2006-09-20; Planning Commission; Resolution 61071 PLANNING COMMISSION RESOLUTION NO. 6107 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE 4 ELEMENT OF THE GENERAL PLAN ON PROPERTY GENERALLY LOCATED NORTH OF EL CAMINO REAL, EAST OF TAMARACK AVENUE, EAST AND WEST OF 6 COLLEGE BOULEVARD, AND EAST AND WEST OF CANNON ROAD IN LOCAL FACILITIES MANAGEMENT 7 ZONE 14. CASE NAME: ROBERTSON RANCH MASTER PLAN 8 CASE NO: GPA 02-04 9 WHEREAS, Calavera Hills II, LLC, "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by Calavera Hills II, LLC and 11 Gary Robertson and Brian Robertson, as co-successor trustees of the Robertson Family 13 1995 Trust dated April 19,1995, as to an undivided one-half interest; Gary Robertson and 14 Brian Robertson, co-successor trustees under Declaration of Trust dated October 8,1976, 15 as to an undivided 7% interest; and Gary Robertson and Brian Robertson, co-successor trustees of the Elsie M. Kelly Irrevocable Trust dated June 19, 1989, as to an undivided 17 43% interest, "Owner," described as 18 Those portions of Lots D and E of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California. 2Q According to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, 21 described as follows: 22 Parcel 1: Parcel 1 on Certificate of Compliance recorded November 28, 23 2001, as File No. 2001-0865064 of Official Records; 24 Parcel 2: 25 Parcel 2 on Certificate of Compliance recorded November 28, 2001, as File No. 2001-0865065 of Official Records; 26 Parcel 3: 27 Parcel 1 and the remainder parcel of Carlsbad Minor Subdivision 02-10 as shown on Parcel Map No. 19804 recorded 28 August 3, 2005, as File No. 2005-0659805 of Official Records; 1 ("the Property"); and 2 WHEREAS, said verified application constitutes a request for a General Plan 3 Amendment as shown on Exhibit "GPA 02-04" dated May 31,2006, attached hereto and on file 4 - in the Carlsbad Planning Department, ROBERTSON RANCH MASTER PLAN - GPA 02-04, 5 as provided in Government Code Section 65350 et seq. and Section 21.52.160 of the Carlsbad 7 Municipal Code; and 8 WHEREAS, the Planning Commission did, on the 31st day of May, 2006, hold a 9 duly noticed public hearing as prescribed by law to consider said request; and 10 WHEREAS, after hearing the staff presentation for the Robertson Ranch Master Plan and public testimony on the project, the Planning Commission did continue 13 the public hearing to June 21,2006; and 14 WHEREAS, after hearing the additional staff presentation for the Robertson 15 Ranch Master Plan and public testimony on the project, the Planning Commission did continue the public hearing to a date uncertain; and 17 WHEREAS, the Planning Commission did on the 20th day of September, 18 2006, hold a duly noticed public hearing on the continued Robertson Ranch Master Plan 20 project; and 21 WHEREAS, at said public hearing, upon hearing and considering all testimony 22 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 23 relating to the General Plan Amendment. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 25 Commission of the City of Carlsbad, as follows: 26 ~- A) That the above recitations are true and correct. 28 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of ROBERTSON RANCH MASTER PLAN - GPA 02-04, based on the following findings: PCRESONO. 6107 -2- Findings; 2 The Planning Commission finds that the project is in conformance with the Elements of 3 the City's General Plan based on the facts set forth in the staff report dated May 31, 2006, hereby incorporated by this reference, including but not limited to the following: 4 that the proposed change in General Plan Land Use designations from Residential Low-Medium Density (RLM, 0-4 du/ac), Residential Medium Density (RM, 5 4-8 du/ac), Open Space (OS) and "floating" Elementary School (E) and Local Shopping Center (L) designations to RLM, RMH, Residential Medium-High Density (RMH, 8-15 du/ac), Residential High Density (RH, 15-23 du/ac), 7 L, Community Facilities (CF), Elementary School (E), Unplanned Area (UA), and OS land use designations are required to reflect the Land Use designations of the ° Robertson Ranch Master Plan; that the proposed Land Use designations are Q compatible with the surrounding land uses in that the adjacent lands are designated for RLM, RM, L, and OS land uses; that the land use change to OS is based on the 10 environmental constraints of the property and is environmentally and topographically appropriate for the site in that the slopes and the habitat areas 11 included in the open space preserve areas are consistent with the "hardline areas" shown on the draft Robertson Ranch Hardline Map dated September 15, 2004, and 12 that these areas are proposed to be designated as Open Space on the General Plan i, Land Use Map; that City policy allows for transfer of density from designated open spaces to developable areas resulting in the new RM, RMH, and RH designations; 14 that the CF designation implements the Master Plan requirement for Community Facilities; and that the L designation reflects the site of the Local Shopping Center, 15 and that the UA designation will allow for future comprehensive planning efforts on Planning Area 22 in conjunction with the "Option Parcel."16 Conditions; lg 1. This approval is granted subject to the certification, adoption, and approval of the Program Environmental Impact Report and Mitigation Monitoring and Reporting 19 Program, MP 02-03, LFMP 14(B), HMP 06-04 and is subject to all conditions contained in Planning Commission Resolutions No. 6105, 6106, 6108, and 6109 for those other approvals incorporated herein by reference. 21 2. Exhibit "GPA 02-04" shall be revised to reflect a Residential Low-Medium (RLM) 22 designation on Planning Area 10, an Elementary School (E) designation on Planning Areas 13 and 14, and an Unplanned Area (UA) on Planning Area 22. 23 3. Exhibit "GPA 02-04" shall be revised to delete the Community Facilities (CF) land use designation within Planning Area 2. 25 26 27 28 PCRESONO. 6107 -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 September, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall, and Whitton MARTELL B. MUJN lGUMliKY,«nairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PCRESONO. 6107 -4- GPA 02-04 ROBERTSON RANCH Date: 09/20/06 PROPOSED Re/ated Case F//e A/oCs;: E/R 03-03/MP 02-03/LFMP 14(B) /HMP 06-04 G.P. Map Designation Change Property A. 208-01 0-36 B. 168-050-47 C. 168-050-54 D. 168-050-56 From: RLM,RM,OS,L&E RLM RLM RLM To: RLM, RM, RH, L.CF.OS, E RM, RMH, RH, OS, E, UA OS OS