HomeMy WebLinkAbout2007-01-03; Planning Commission; Resolution 62211
PLANNING COMMISSION RESOLUTION NO. 6221
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR
4 MASTER PLAN AMENDMENT TO AMEND THE
COMMUNITY FACILITY USE REQUIREMENTS IN
5 PLANNING AREAS 13 AND 15 OF THE BRESSI RANCH
MASTER PLAN GENERALLY LOCATED SOUTH OF
6 PALOMAR AIRPORT ROAD, EAST OF EL CAMINO REAL,
WEST OF EL FUERTE STREET AND NORTH OF
7 POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
8 ZONE 17.
CASE NAME: PACIFIC RIDGE SCHOOL
9 CASE NO: MP 178CD)
10 WHEREAS, Pacific Ridge School, "Developer," has filed a verified application
with the City of Carlsbad regarding property owned by The Episcopal Diocese of San Diego,
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"Owner," described as
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Parcel 2 and 3 of City of Carlsbad MS 04-19, in the City of
*4 Carlsbad, County of San Diego, State of California, according
, r to map thereof no. 19958 recorded in the Office of the County
Recorder of said county on March 27,2006
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Minor Master18
19 Plan Amendment as shown on Exhibit "MP 178(D)" dated January 3, 2007, on file in the
20 Carlsbad Planning Department, PACIFIC RIDGE SCHOOL - MP 178(D), as provided by
21 MP 178 and Chapter 21.38 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 3rd day of January, 2007,
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consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
2g and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
27 relating to the. Minor Master Plan Amendment; and
28 WHEREAS, on July 9, 2002, the City Council approved MP 178, as described
and conditioned in Planning Commission Resolution No. 5204 and City Council Ordinance No.
NS-635; and amended MP 178(C) most recently on June 15, 2005 as described and conditioned
2 in Planning Commission Resolution No. 5923; and
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WHEREAS, the modification to amend the Community Facility use
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<- requirements in Planning Areas 13 and 15 of the Bressi Ranch Master Plan shall be
5 authorized by a Minor Master Plan Amendment as specified in Chapter VI, Section G of
7 the Bressi Ranch Master Plan.
8 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
9 Commission of the City of Carlsbad as follows:
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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
12 APPROVES PACIFIC RIDGE SCHOOL - MP 178(D) based on the following
13 findings and subject to the following conditions:
14 Findings;
15 1. The Planning Commission finds that the Minor Master Plan Amendment, as
1fi 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 in that the
17 amendment is consistent with Land Use Pattern Policy C.8 of the Land Use Element
as it provides for a diversity of land uses such as schools, in close proximity to
IB residents of the City, and the amendment is consistent with the Community
Facilities Objective B.I of the Land Use Element in that the Master Plan maintains
adequate usable acreage for community facility uses such as child day care, worship,
20 youth and senior citizen activities, and other appropriate uses.
21 2. That the amendment is consistent with Chapter VI, Section G of the Bressi Ranch
Master Plan in that the amendment of the Community Facility use requirements in
22 Planning Areas 13 and 15 of the Bressi Ranch Master Plan does not change the
densities of any planning area, does not change the boundaries of any planning area,
or involve the addition of a new use or group of uses not shown on the original
24 Master Plan, or involve the rearrangement of uses within the Master Plan.
25 3. The Planning Director has determined that:
26 a. the project is a subsequent activity of the Bressi Ranch Master Plan (MP 178)
for which a program EIR was prepared, and a notice for the activity has been
given, which includes statements that this activity is within the scope of the
28 program approved earlier, and that the program EIR adequately describes the
activity for the purposes of CEQA) [15168( c)(2) and (e)];
PCRESONO. 6221 -2-
b. this project is consistent with the Master Plan cited above;
2 c. EIR 98-04 was certified in connection with the prior Master Plan;
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d. the project has no new significant environmental effect not analyzed as significant
4 in the prior EIR;
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
6 under CEQA Guidelines Sections 15162 or 15163 exist;
7 f The Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the EIR 98-04 which are appropriate to this Subsequent
Project have been incorporated into this Subsequent Project.
9 Conditions:
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1. Staff is authorized and directed to make, or require Developer to make, all corrections
1 1 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
substantially as shown in the approved Exhibits. Any proposed development, different
13 from this approval, shall require an amendment to this approval.
14 2. Prior to the issuance of any permits for the project, the applicant shall submit to the
Planning Director a digital copy and a camera-ready master copy of the Minor
15 Master Plan Amendment MP 178(D) - Pacific Ridge School Plan, in addition to the
, r required number of bound copies.
17 3. The Developer shall implement and comply with all applicable mitigation measures
required by the Mitigation Monitoring and Reporting Program certified with the Bressi
18 Ranch Master Plan Final EIR 98-04, contained in Planning Commission Resolution
No. 5201.
2Q 4. This approval is granted subject to approval of CUP 06-11 and is subject to all conditions
contained in Planning Commission Resolution No. 6222 for this other approval
21 incorporated herein by reference.
22 NOTICE
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Please take NOTICE that approval of your project includes the "imposition" of fees,
24 dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."25
26 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
27 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
28 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
PCRESONO. 6221 -3-
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
2 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
3 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.
5 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on the 3rd day of January, 2007, by the
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following vote, to wit:
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AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Douglas, Segall, and Whitton
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NOES:
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ABSENT:
13 ABSTAIN:
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15
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17 MARTELL B. MONTGOMERY, Chairperson
CARLSBAD PLANNING COMMISSION
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19 ATTEST:
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21
DON NEU
22 Assistant Planning Director
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PCRESONO. 6221 -4-
Proposed Minor Amendment to
Bressi Ranch Master Plan
Page 111-12, Paragraph 3:
2. Community Facilities (CF)
Planning Areas 13 and 15 will be developed with community facilities to serve the
residents of the Bressi Ranch Master Plan. In accordance with the requirements of
Chapter 21.25 of the Carlsbad Municipal Code, a combined total of a minimum of 5.09
acres of community facilities must be located in Planning Area 13 and/or 15 (in or near
the Village Square) of the Bressi Ranch Master Plan. A child day care center must be
located in either Planning Area 13 or 15 as a Community Facility requirement.
Pase VIII-1, Paragraph 4:
VIII. COMMERCIAL/COMMUNITY FACILITIES DEVELOPMENT
STANDARDS & DESIGN GUIDELINES
Development in Planning Areas 13 and 15 shall be compatible with and complimentary
to the residential development of the Bressi Ranch Master Plan that it serves. Elements
and design features from the residential design guidelines shall be incorporated into the
design and development of these planning areas. All signage shall be compatible in
appearance and scale with the adjacent buildings and designed in conformance with the
requirements of Chapter 21.41 of the Carlsbad Municipal Code.
A. Individual Planning Area Standards
1. Planning Area 13
Description
Planning Area 13 is located north of Planning Area 12, east of Open Space Area 3, and to
the west of El Fuerte Street. Planning Area 13 has a gross area of 13.7 acres and a net
developable area of 13.6 acres (see Exhibit VIII- 1 on page Vlll-2).
Implementation of Master Plan Vision and Goals
Planning Area 13 will be developed with community facilities to serve the residents of
the Bressi Ranch Master Plan in accordance with Goals 1 and 2 of the Master Plan. A
recreational vehicle storage area shall be provided in the northern portion of Planning
Area 13.
Bressi Ranch Master Plan Amendment
MP 178D
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Subject to approval of a Conditional Use Permit a private school may be located in
Planning Area 13. If a school campus is not developed on this site the entire 13.6 net
acres of Planning Area 13, not including the recreational vehicle storage area, shall be
developed with community facilities as permitted by Section 21.25.050 of the Carlsbad
Municipal Code.
Bressi Ranch Master Plan Amendment
MP 178D
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