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HomeMy WebLinkAbout2007-01-03; Planning Commission; Resolution 62151 PLANNING COMMISSION RESOLUTION NO. 6215 2 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) 10 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 20 MP 92-01 and Chapter 21.38 of the Carlsbad Municipal Code; and 21 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 27 WHEREAS, on February 6, 1996, the City Council approved, MP 92-01, as 28 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. 3 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. 21 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. 24 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. 28 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- 1 2 3 4 5 6 7 11 12 13 14 15 16 18 19 20 21 22 23 24 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 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 PCRESONO. 6215 -4- 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 26 Planning Commission Resolution No. 6215 shall also constitute the findings and conditions of 27 the City Council. 28" 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: 14 15 16 17 CLAUDE A. LEWIS, Mayor 18 ATTEST: 19 20 LORRAINE M. WOOD, City Clerk 21 (SEAL) 22" 23 24 25 26 27 28 -2- 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