HomeMy WebLinkAbout2007-06-20; Planning Commission; Resolution 63101
PLANNING COMMISSION RESOLUTION NO. 6310
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR
MASTER PLAN AMENDMENT TO REPLACE TEXT IN
VARIOUS CHAPTERS AND EXHIBIT X-13 OF THE BRESSI
5 RANCH MASTER PLAN.
CASE NAME: BRESSI RANCH VILLAGE CENTER
6 CASE NO: MP 178(E)
7 WHEREAS, LNR Bressi Commercial, Inc., "Developer/Owner," has filed a
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verified application with the City of Carlsbad regarding property described as
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Lot 5 of Carlsbad Tract 03-03, in the City of Carlsbad, County
10 of San Diego, State of California according to map thereof No.
14800 on file in the Office of the County Recorder of San Diego
County, May 21, 2004 as amended by certificate of correction
12 recorded September 30, 2005 as file No. 2005-0850805 of
official records
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Minor Master
16 Plan Amendment as shown on Attachment "MP 178(E)" dated June 20, 2007, attached hereto,
17 Bressi Ranch Village Center - MP 178(E), as provided by MP 178 and Chapter 21.38 of the
1 O Carlsbad Municipal Code; and
19 WHEREAS, the Planning Commission did, on the 20th day of June, 2007,
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consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
23 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
24 relating to the Master Plan Amendment; and
25 WHEREAS, on July 9, 2002, the City Council approved, MP 178, as described
and conditioned in Planning Commission Resolution No. 5204 and City Council Resolution No.
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NS-635.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES BRESSI RANCH VILLAGE CENTER - MP 178(E) based on
the following findings and subject to the following conditions:
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<. Findings:
5 1. The Planning Commission finds that the Minor Master Plan Amendment, as
conditioned herein, is in conformance with the Elements of the City's General Plan,
7 based on the facts set forth in the staff report dated June 20, 2007 in that the
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 retail, in close proximity to
o residents of the City.
10 2. That the amendment is consistent with Chapter VI, Section G of the Bressi Ranch
Master Plan in that the text and exhibit amendments do not change the densities of
1 1 any residential planning area, does not change the boundaries of any planning area,
and does not involve the addition of a new use or group of uses not shown on the
original Master Plan, or involve the rearrangement of uses within the Master Plan.
3. The Planning Director has determined that:
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a. the project is a subsequent activity of the Bressi Ranch Master Plan (MP 178)
15 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
program approved earlier, and that the program EIR adequately describes the
j 7 activity for the purposes of CEQA) [15168(c)(2) and (e)];
18 b. this project is consistent with the Master Plan cited above;
19 c. EIR 98-04 was certified in connection with the prior Master Plan;
20 d. the project has no new significant environmental effect not analyzed as significant
21 in the prior EIR;
22 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist;23
24 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
25 Project have been incorporated into this Subsequent Project.
26 Conditions;
27 1. Staff is authorized and directed to make, or require Developer to make, all corrections
28 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
PCRESONO. 6310 -2-
substantially as shown in the approved Exhibits. Any proposed development, different
2 from this approval, shall require an amendment to this approval.
3 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 Bressi
4 Ranch Village Center MP 178(E) Master Plan Amendment.
5 NOTICE
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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
o "fees/exactions."
9 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
12 annul their imposition.
13 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
1 r 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
16 expired.
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PCRESONO. 6310 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of June, 2007, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Baker, Commissioners Boddy, Dominguez, Douglas,
and Montgomery
Commissioners Cardosa and Whitton
JULIE BAKER, Chairperson
CARLSB\D PLANNING COMMISSION
ATTEST:
/ fey
DON NEU
Planning Director
PCRESON0.6310 -4-
EXHIBIT "MP 178(E)"
JUNE 20, 2007
Discretionary Permits Required for Development
Prior to issuance of any grading or building permits for this planning area,
discretionary applications shall be processed in accordance with the
requirements of Chapter VI of this Master Plan.
Uses Allowed
All commercial uses shall be developed and conducted pursuant to the
provisions of Chapter 21 .31 (C-L) of the Carlsbad Municipal Code.
The Master Plan anticipates the following uses will be developed in Planning
Area 15:
• Up to 120 housing units, of which 100 units must be "affordable" per an
approved housing agreement with the City of Carlsbad.
• Up to 200 assisted care living units
• A Village Square that serves as the major public gathering area for the
Master Plan. The intention for the Village Square is to provide an area
where office workers, shoppers and the surrounding neighborhoods can
frequent this open space throughout the day and evening for strolling,
lunch and/or recreation and provide an area for small-scale weekend
events. A community facility may be included to serve as a focal point
and backdrop for the Village Square.
• A temporary information center
• — Up to 130,000 square foot of commercial/office/community facilities
• Up to 125.000 square feet of commercial/office space with additional
community facilities space
• In addition, incidental outdoor dining is allowed, subject to the
development standards set forth in Section 21. 26.01 3(c) of the
Carlsbad Municipal Code.
In addition to the listed anticipated uses, those uses identified in Chapters
21.24 (RD-M), 21.25 (CF) and 21.31 (C-L; local shopping center) of the
Carlsbad Municipal Code are permitted in Planning Area 15.
Uses and structures permitted subject to approval of a Conditional Use
Permit include all uses permitted by Conditional Use Permit m_the C-L
zone with the exception of the uses established as prohibited by the
next section:
Prohibited Uses
The following uses, though allowed by right or by approval of a Conditional
Use Permit in the RD-M (Chapter 21 24), CF (Chapter 21 25), O (Chapter
21 27) or C-L (Chapter 21.31) zones of the Carlsbad Municipal Code, do not
support the vision of a walkable mixed-use Village Center and are therefore
prohibited in Planning Area 15:
•—Single Family Detached Units
»—Duplex Units
• Drive-through Restaurants
• Hospital
• Gas/Service Station
• Car Wash
• Auto Repair
• Upholstery Shop
• Commercial Printing
• Photo Engraving
Development Standards
Unless specified otherwise in this section, all development in Planning Area
15 will comply with the corresponding regulations and development standards
of Chapters 21.31 (C-L) and 21 44 (Parking) and 21.41 fSipns) of the
Carlsbad Municipal Code as outlined below:
• Height limitations for buildings shall be governed pursuant to Chapter
21 21 (C-L), Section 21 31 080 C and shall not exceed 35 feet or three
levels, except as approved via Site Development Plan approved by the
City council, in which case additional height may be approved to 45 feet.
Architectural features such as flagpoles, steeples, or architectural towers
are allowed to a maximum of 55 feet when specified finding are made.
• No setbacks are required except that residential buildings that are not an
integrated component of a mixed-use building or group of attached
buildings within the same block shall maintain setbacks consistent with
Chapter 21 24 (RD-M) of the Carlsbad Municipal Code.
• Residential "Planned Developments" that are an integrated component of
a mixed-use building or group of attached buildings within the same block
shall include
i. 200 square feet of centralized community recreational space per unit.
The required recreational space may be part of a larger community
facility
ii. 480 cubic feet of enclosed storage area shall be provided for each
unit
iii. Either a 10' x 10' ground floor patio or 6' x 10' balcony
iv 20 square feet of recreational vehicle storage per unit for projects of 25
or more units The storage area may be provided as part of a larger
community facility
• Residential "Planned Developments" that are not an integrated
component of a mixed-use building or group of attached buildings within
the same block shall comply with all of the applicable development
standards of Chapter 21 45 of the Carlsbad Municipal Code.
• For purposes of better identifying the retail center for Bressi Ranch,
in addition to the on-site siqnaqe allowed one monument sign may be
located near the intersection of Palomar Airport Road and El Fuerte.
This sign must primarily display the name of the retail center and may
have up to three anchor tenants displayed. Said sign shall not exceed
50 square feet in area per each side of the sign. Said sign shall not
exceed 6 feet in height, excluding pedestals, as measured from the
adjacent sidewalk.
Sign Criteria
All signage shall be in conformance with Chapter 21.41 of the Carlsbad
Municipal code. Prior to issuance of any sign permits in the Master Plan a
detailed sign program shall be approved in accordance with the requirements of
section 21.41.060 of Carlsbad Municipal Code. Signs utilized in the Master Plan
include both temporary and permanent types.
1. Temporary Signs - Temporary signs which will be present until the
completion of planning area construction may include:
• Model home complex signs
• Temporary subdivision directional signs
• Future facility signs
• information kiosk signs
All temporary community signs shall be consistent with Carlsbad Municipal
Code Section 21.41.076. Additional temporary real estate signage may be
allowed as described in Section 21.41.070(4)(D) of the Carlsbad Municipal
Code.
2. Permanent Signs - Permanent signs include:
• Vehicular directional signs
• Entry signs
• Neighborhood markers
• Recreation center signs
• Trail head markers
Permanent Master Plan, industrial park. Village Center (Commerciali and
residential community identity signs shall be subject to the requirements
stated in Section 21.41.095 (Table B - Office/Industrial Projects/Commercial
Centers) of the Carlsbad Municipal Code, unless otherwise specified in
the Development Standards of Section VIII of this Master Plan. Exhibit X-
13 on page X-24 shows the approximate location of these signs.
X-23
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MMlfr Pl*n fitilry
Induswtal P*rk Entry
Rcsldenlial Entry
Commercial Center Entry
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