HomeMy WebLinkAbout2007-01-03; Planning Commission; Resolution 62151
PLANNING COMMISSION RESOLUTION NO. 6215
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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 ADD
THE OS LAND USE DESIGNATION ON A PORTION OF
5 PLANNING AREA 2 OF THE GREEN VALLEY MASTER
PLAN ON PROPERTY GENERALLY LOCATED
6 NORTHWEST OF CALLE BARCELONA, WEST OF EL
CAMINO REAL AND NORTH OF LEUCADIA BOULEVARD
7 IN THE EAST BATIQUITOS LAGOON/HUNT PROPERTY
SEGMENT OF THE LOCAL COASTAL PROGRAM AND
LOCAL FACILITIES MANAGEMENT ZONE 23.
9 CASE NAME: LA COSTA GLEN CORPORATE CENTER
CASE NO: MP 92-01 (B)
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WHEREAS, Continuing Life Communities, LLC, "Owner/Developer," has
12 filed a verified application with the City of Carlsbad regarding property described as
13 Lot 5 of City of Carlsbad Tract No. 92-08 Green Valley, in the
City of Carlsbad, County of San Diego, State of California,
according to map thereof No 13997, as filed in the Office of the
1 <- County recorder of San Diego County, July 10,2000
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Master Plan
18 Amendment as shown on Exhibit "X" dated January 3, 2007, on file in the Carlsbad Planning
Department, LA COSTA GLEN CORPORATE CENTER - MP 92-01(8), as provided by
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MP 92-01 and Chapter 21.38 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 3rd day of January, 2007,
23 consider said request; and
24 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
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WHEREAS, on February 6, 1996, the City Council approved, MP 92-01, as
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described and conditioned in Planning Commission Resolution No. 3856 and City Council
Ordinance No. NS-348; and amended MP 92-01(A) most recently on September 17, 1996 as
described and conditioned in Planning Commission Resolution No. 3944 and City Council
2 Ordinance No. NS-377.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning4
- Commission of the City of Carlsbad as follows:
6 A) That the foregoing recitations are true and correct.
7 B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of LA COSTA GLEN CORPORATE
8 CENTER - MP 92-01(B)based on the following findings and subject to the
g 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
report dated January 3, 2007 including, but not limited to the following: that the
13 proposed addition of an Open Space (OS) Land Use designation is based on the
environmental constraints of the property and is environmentally and
14 topographically appropriate for the site in that the slopes and habitat areas will be
included in the open space preserve areas and that these areas are proposed to be
1 ^ designated as OS on the General Plan Land Use and Open Space and Conservation
,s Maps and the proposed modification of OS to a Commercial/Office/Residential
Medium-High (C/O/RMH) Land Use designation will correct a mapping error
17 showing OS on the developable portion of the site.
18 2. 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 Master Plan includes conditions
20 requiring the completion of infrastructure identified in the Local Facilities
Management Plan (LFMP) for Zone 23 and according to a financing plan approved
21 by the City Council for LFMP Zone 23.
22 3. That the proposed commercial and open space 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 environment of sustained desirability and stability, and that such
24 development will meet performance standards established by Title 21, in that all future
development shall be reviewed for consistency with the Master Plan and Habitat
25 Management Plan (HMP).
96 4. That in the case of institutional, recreational, and other similar nonresidential uses, such
27 development will be proposed, and surrounding areas are protected from any adverse
effects from such development, in that the open space/development interface
28 standards of the HMP are applicable to future development.
PCRESONO. 6215 -2-
5. That the streets and thoroughfares proposed are suitable and adequate to carry the
2 anticipated traffic thereon and the proposed amendment does not result in an
intensification of uses or increase the maximum ADT anticipated by the Master
3 Plan and Green Valley Master Plan Program EIR 93-02.
6. That any proposed commercial development can be justified economically at the location
r proposed and will provide adequate commercial facilities of the types needed at such
location proposed, in that the proposed commercial development is consistent with the
6 General Plan Land Use map.
7 7. That the area surrounding the development is or can be planned and zoned in coordination
and substantial compatibility with the development, in that the surrounding areas are
designated as open space and the Master Plan Amendment will provide additional
o open space adjacent to the previously designated habitat preservation areas.
10 8. That appropriate measures are proposed to mitigate any adverse environmental impact as
noted in the adopted Environmental Impact Report for the project (EIR 93-02) and the
Mitigated Negative Declaration, in that the mitigation identified in the EIR and the
La Costa Glen Mitigated Negative Declaration has been included as conditions of
approval or incorporated into the project and will be monitored according to the
13 adopted Mitigation Monitoring and Reporting Programs.
14 9. 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
, f degree of the exaction is in rough proportionality to the impact caused by the project.
17 Conditions:
18 1. 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
2Q substantially as shown in the approved Exhibits. Any proposed development, different
from this approval, shall require an amendment to this approval.
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2. Prior to the issuance of any permits for the project, the applicant shall submit to the
22 Planning Director a digital copy and a camera-ready master copy of the LA COSTA
23 GLEN CORPORATE CENTER - MP 92-01(B), in addition to the required number
of bound copies.
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3. This approval is granted subject to the approval of the Mitigated Negative Declaration
25 and Mitigation Monitoring and Reporting Program, General Plan Amendment
GPA 06-02, Local Coastal Program Amendment LCPA 06-01, HMPP 06-11, and
CDP 05-51 and is subject to all conditions contained in Planning Commission
27 Resolutions No. 6213, 6214, 6216, 6217, and 6220 for those approvals incorporated
herein by reference.
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4. This approval is granted subject to the approval of MS 05-28 and is subject to all
conditions contained in that approval incorporated herein by reference.
PCRESONO. 6215 -3-
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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 3rd day of January, 2007, by the
following vote, to wit:
Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Segall and Whitton
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Douglas
MARTELL B. MONTGOMERYfChairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
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Exhibit "X"
Janaury 3, 2007
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLS6AD, CALIFORNIA, APPROVING AN AMENDMENT TO
3 THE GREEN VALLEY MASTER PLAN, MP 92-01(8) FOR
MODIFICATIONS TO THE GENERAL PLAN LAND USE
4 DESIGNATIONS FOR PLANNING AREA 2.
CASE NAME: LA COSTA GLEN CORPORATE CENTER
5 CASE NO.: MP 92-01 (B)
6 The City Council of the City of Carlsbad, California, does ordain as follows:
7 WHEREAS, the City Council approved the Green Valley Master Plan MP 92-01
8 on February 6, 1996 by adopting Ordinance No. NS-348; and
WHEREAS, the City Council approved an amendment to the Green Valley
10 Master Plan MP 92-01 (A) to incorporate suggested modifications from the California Coastal
Commission on September 17, 1996 by adopting Ordinance No. NS-377; and
WHEREAS, after procedures in accordance with the requirements of law, the
13 City Council has determined that the public interest indicates that said master plan amendment
14 MP 92-01(6) be approved; and
15 WHEREAS, the City Council did on the day of.
2007 hold a duly noticed public hearing as prescribed by law to consider said request; and
17 WHEREAS, said application constitutes a request for a Master Plan Amendment
18 as shown on Exhibit "MP 92-01(6)" dated January 3, 2007 incorporated by reference.
19 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
20 follows:
21 SECTION I: That Master Plan Amendment MP 92-01 (B)) dated January 3, 2007
22 attached hereto, and incorporated herein by reference, is approved. The Master Plan shall
23 constitute the development plan for the property and all development within the plan area shall
24 conform to the plan.
25 SECTION II: That the findings and conditions of the Planning Commission in
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Planning Commission Resolution No. 6215 shall also constitute the findings and conditions of
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the City Council.
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1 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty
2 days after its adoption but not until Local Coastal Program Amendment LCPA 06-01 is
3 approved by the California Coastal Commission, and the City Clerk shall certify to the adoption
4 of this ordinance and cause it to be published at least once in a publication of general
5 circulation in the City of Carlsbad within fifteen days after its adoption.
6 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
7 Council on the day of 2007, and thereafter.
8 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2007, by the following vote, to wit:
10 AYES:
11 NOES:
12 ABSENT:
13 ABSTAIN:
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17 CLAUDE A. LEWIS, Mayor
18 ATTEST:
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20 LORRAINE M. WOOD, City Clerk
21 (SEAL)
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Exhibit "MP 92-01 (B)"
Planning Area Development Standards and Guidelines
property line. The area is the site of a retail center (see Figure IV-11). Major uses in the retail
center are typical of community retail.
Development Standards
Development within PA-2 is subject to the development standards of Chapter 21.28 (C2) except
as modified below.
All commercial development in Planning Area 2 shall be in conformance with the development
standards and architectural guidelines as noted in this chapter. Development is subject to the
approval of a Site Development Plan.
Zoning: C2 and OS
General Plan: C/O/RMH and OS
Use Allocation
A maximum of 300,000 square feet of gross floor area of retail commercial uses which cater
directly to the consumer shall be allowed.
Permitted Uses
Uses are permitted as defined in Chapters 21.28 (General Commercial) and 21.42 (Conditional
Uses) of the Carlsbad Municipal Code.
Building Height
1. Buildings shall be limited to a maximum height of 35 feet including any roof mounted
equipment and screening elements.
2. Non-habitable architectural design features may extend to a maximum height of 45 feet,
but may not exceed three percent (3%) of the total roof area.
3. Building heights shall be varied in order to provide additional visual relief and to enhance
the appearance of the retail center.
Lot Coverage
1. The maximum allowable coverage for structures, parking and vehicular circulation shall
be determined by compliance with setback, City landscape standards, parking and
circulation requirements.
2. A maximum of 300,000 square feet of combined building area shall be allowed.
Green Valley Master Plan P&D Consultants, Inc.
Page VI-16