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
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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
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provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad
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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
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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:
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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 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
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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.
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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:
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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.
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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.
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PC RESO NO. 6489 -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 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