Loading...
HomeMy WebLinkAbout2008-10-15; Planning Commission; Resolution 64891 PLANNING COMMISSION RESOLUTION NO. 6489 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE 4 ELEMENT OF THE GENERAL PLAN. ON PROPERTY GENERALLY LOCATED WITHIN PLANNING AREA 14 OF THE EAST VILLAGE OF THE ROBERTSON RANCH 6 MASTER PLAN LOCATED NORTHWEST OF THE INTERSECTION OF FUTURE WIND TRAIL WAY AND 7 FUTURE GLEN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 14. 8 CASE NAME: ROBERTSON RANCH PA 14 g CASE NO: GPA 08-01 10 WHEREAS, Brookfield Tamarack, LLC, "Developer," has filed a verified 11 application with the City of Carlsbad regarding property owned by Calavera Hills II, LLC, 12 "Owner," described as 13 Lot 4 of Carlsbad Tract No. 02-16, Robertson Ranch East 14 Village, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 15608, filed in the ^ office of the County Recorder of San Diego County on 16 September 18, 2007 17 ("the Property"); and 18 WHEREAS, said verified application constitutes a request for a General Plan 19 Amendment as shown on Exhibit "GPA 08-01" dated October 15, 2008, attached hereto and on 20 file in the Carlsbad Planning Department, ROBERTSON RANCH PA 14 - GPA 08-01, as 21 provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad 22 Municipal Code; and 24 WHEREAS, the Planning Commission did, on October 15, 2008, hold a duly 25 noticed public hearing as prescribed by law to consider said request; and " WHEREAS, at said public hearing, upon hearing and considering all testimony 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 2 Commission of the City of Carlsbad, as follows: 3 A) That the above recitations are true and correct. 4 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of ROBERTSON RANCH PA 14 - GPA 6 08-01, based on the following findings: 7 Findings: o 1. The Planning Director has determined that: 9 a. the project is a(n) subsequent activity of the Robertson Ranch Master Plan 10 (MP 02-03) 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 11 the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA; [15168(c)(2) and (e)]; and 13 b. this project is consistent with the Master Plan cited above; and 14 c. the Robertson Ranch Master Plan Program EIR 03-03 was certified by the City Council on November 14, 2006 in connection with the prior plan; and , f d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; and 17 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR 18 under CEQA Guidelines Sections 15162 or 15163 exist; and f. all feasible mitigation measures or project alternatives identified in the Robertson 20 Ranch Master Plan Program EIR 03-03, which are appropriate to this Subsequent Project, have been incorporated into this Subsequent Project. 21 2. The Planning Commission finds that the project is in conformance with the Elements of 22 the City's General Plan based on the facts set forth in the staff report dated October 15, 2008 including that the Carlsbad Unified School District has declined to purchase property identified as Planning Area 13 of the Robertson Ranch Master Plan, and 24 that the Master Plan identified an alternative residential land use for the property in the event that it was not developed as an Elementary School, and that the 25 proposed General Plan Amendment to change the Land Use Designation from Elementary (E) to Residential Medium-Density (RM) is consistent with the 26 alternative single-family residential land use described in the Master Plan. 97 Conditions: 28 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so PC RESO NO. 6489 -2- implemented and maintained according to their terms, the City shall have the right to 2 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 3 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer _ or a successor in interest by the City's approval of this General Plan Amendment. 5 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment documents, as necessary to make 7 them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 9 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 10 regulations in effect at the time of building permit issuance. 4. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 13 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this General Plan Amendment, 14 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, , s including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 17 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 18 5. This approval is granted subject to the approval of MP 02-03(A) and is subject to all conditions contained in Planning Commission Resolution No. 6490 for that other »„ approval incorporated herein by reference. 21 22 23 24 25 26 27 28 PC RESO NO. 6489 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on October 15, 2008, by the following vote, to wit: AYES:Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery, and Chairperson Whitton NOES: ABSENT: Commissioner Douglas ABSTAIN: ?RANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6489 -4- GPA 08-01 Robertson Ranch PA 14 10/15/08 EXISTING PROPOSED Related Case File No(s): GPA 08-01/MP 02-03(A)/CT 07-03/PUD 07-02 General Plan Map Designation Changes Property A. B. C. D. E. F. G. 168-360-04 From: E To: RM