HomeMy WebLinkAbout2007-05-02; Planning Commission; Resolution 62861 PLANNING COMMISSION RESOLUTION NO. 6286
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND USE AND
4 OPEN SPACE AND CONSERVATION ELEMENTS OF THE
, GENERAL PLAN TO CHANGE AREAS DESIGNATED AS
RLM TO OS ON LOTS 10 AND 11 OF CT 03-10 ON
6 PROPERTY GENERALLY LOCATED WEST OF KELLY
DRIVE AND NORTH OF HILLSIDE DRIVE AT THE
7 TERMINUS OF AURA CIRCLE WITHIN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM AND
8 LOCAL FACILITIES MANAGEMENT ZONE 1.
9 CASE NAME: AURA CIRCLE
CASE NO: GPA 05-06 '
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WHEREAS, Carlsbad Greens, LLC, "Owner/Developer," has filed a verified
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application with the City of Carlsbad regarding property described as
13 That portion of Lot "I" of Rancho Agua Hedionda, in the City
of Carlsbad, County of San Diego, State of California,
14 according to Map thereof No. 823, filed in the Office of the
County Recorder of San Diego County, November 16, 1896,
* 5 further described in Attachment "A"
16 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a General Plan
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Amendment as shown on Exhibit "GPA 05-06" dated May 2, 2007, attached hereto and on file
20 in the Carlsbad Planning Department, AURA CIRCLE - GPA 05-06, as provided in
21 Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code;
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23 WHEREAS, the Planning Commission did, on the 2nd day of May, 2007, hold a
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duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
28 relating to the General Plan Amendment.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad, as follows:
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• A) That the above recitations are true and correct.
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<- B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of AURA CIRCLE - GPA 05-06, based on the
6 following findings and subject to the following condition:
7 Findings:
° 1. The Planning Commission finds that the projects is in conformance with the Elements
of the City's General Plan based on the facts set forth in the staff report dated May 2,
2007 including, but not limited to the following: that the proposed change in General
10 Plan Land Use designation from Residential Low-Medium (RLM) to Open Space
(OS) for Lots 10 and 11 of CT 03-10 is based on the environmental constraints of the
11 property and is environmentally and topographically appropriate for the site in that
the manufactured slopes within Lot 10 are considered undevelopable and the
habitat areas within Lot 11 will be included in the open space habitat preserve areas
and that these areas are proposed to be designated as OS on the General Plan Land
Use and Open Space and Conservation maps in accordance with the Habitat
14 Management Plan requirements to designate high-priority resource areas as open
space at the time of development.
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2. The change in General Plan Land Use designation from RLM to OS for the portions
of the site proposed for open space habitat preservation is consistent with the
17 adopted General Plan, including the Housing Element, in that the General Plan
Open Space Element requires high-priority resource areas to be designated as Open
18 Space at the time of development; and that the residential density anticipated for
the site (23 dwelling units) which was used by the California Department of Housing
19 and Community Development in determining compliance with Housing Element
law, can be accommodated in that 11 dwelling units are proposed on the site and the
remaining 12 units will be deposited in the City's Excess Dwelling Unit Bank for
allocation to other properties identified in the Housing Element; and that there are
adequate sites identified in the Housing Element available to accommodate the
22 City's share of the regional housing need pursuant to Government Code
Section 65584.
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3. The project is consistent with the City's General Plan since the proposed density of
0.67 du/ac is within the RLM (Residential Low-Medium) density range of 0-4 du/ac
25 specified for the site as indicated in the Land Use Element of the General Plan. The
project's proposed density of 0.67 du/ac is below the Growth Management Control
26 Point density (3.2 du/ac) used for the purposes of calculating the City's compliance
with Government Code Section 65584. However, consistent with Program 3.8 of the
City's certified Housing Element, all of the dwelling units which were anticipated
toward achieving the City's share of the regional housing need that are not utilized
by the developers in approved projects are deposited in the City's Excess Dwelling
Unit Bank. These excess dwelling units are available for allocation to other projects.
Accordingly, there is no net loss of residential unit capacity and there are adequate
PC RESO NO. 6286 -2-
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properties identified in the Housing Element allowing residential development with
a unit capacity, including second dwelling units, adequate to satisfy the City's share
of the regional housing need.
Conditions;
1. This approval is granted subject to adoption and approval of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, ZC 05-03,
LCPA 05-03, and HMP 06-12 and is subject to all conditions contained in Planning
Commission Resolutions No. 6285, 6287, 6288, and 6289 for those other approvals
incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of May, 2007, by the
following vote, to wit:
AYES:
NOES:
Chairperson Baker, Commissioner Cardosa, Dominguez, Douglas,
Montgomery, and Segall
ABSENT: Commissioner Whitton
ABSTAIN:
JULIE B
CARLSB
ATTEST:
CV
Chairperson
ANNING COMMISSION
DON NEU
Planning Director
PCRESONO. 6286 -3-
Exhibit "GPA 05-06"
GPA 05-06 GENERAL PLAN AMENDMENT
AURA CIRCLE
1/9/07
PROJECT
BOUNDARY
RLM
EXISTING
RLM
PROJECT
BOUNDARY
RLM
PROPOSED
Related Cases File No(s): GPA 05-06/ZC 05-03/LCPA 05-03/CT 03-
10/SDP 05-05/HDP 03-05/CDP 03-32
G.P. Map Designation Change
Property
A. 207-100-48
B.
C.
D.
From:
RLM
To:
RLM/OS