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HomeMy WebLinkAbout2009-02-04; Planning Commission; Resolution 65311 PLANNING COMMISSION RESOLUTION NO. 6531 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR MASTER PLAN AMENDMENT TO ALLOW THE SHARED USE OF PRIVATE SCHOOL FACILITIES TO SATISFY THE 5 REMAINING COMMUNITY FACILITIES REQUIREMENT FOR THE BRESSI RANCH MASTER PLAN (BRMP) FOR 6 PROPERTY LOCATED WITHIN PLANNING AREA 13 OF THE BRMP, GENERALLY LOCATED NORTH OF 7 GREENHAVEN DRIVE, SOUTH OF BRESSI RANCH WAY, g EAST OF OPEN SPACE AREA 3 AND WEST OF EL FUERTE STREET IN LOCAL FACILITIES MANAGEMENT ZONE 17. 9 CASE NAME: PACIFIC RIDGE SCHOOL EXPANSION CASE NO: MP 178(G) 10 WHEREAS, PRS Acquisition and Construction, LLC, "Developer", has filed a 1 2 verified application with the City of Carlsbad regarding property owned by PRS Acquisition 13 and Construction, LLC, "Owner", described as 14 Parcel "A" (Formerly Parcels 2 and 3 of Parcel Map No 15 19958), as shown on Exhibit "B" attached to Certificate of Compliance for Adjustment Plat recorded December 24, 2007 16 as Instrument No. 2007-0789135 of Official Records, 17 together with property owned by Corporation of the Presiding Bishop of the Church of Jesus 18 Christ of Latter-Day Saints, a Utah Corporation Sole, "Owner", described as 19 Parcel 4 of City of Carlsbad MS 04-19, in the City of Carlsbad, 20 County of San Diego, State of California, according to Map thereof No. 19958 recorded in the Office of the County 21 Recorder of said county on March 27, 2006 22 ("the Property"); and 23 WHEREAS, said verified application constitutes a request for a Master Plan 24 Amendment as shown on Exhibit "MP 178(G)" dated February 4, 2009, on file in the 26 Carlsbad Planning Department, PACIFIC RIDGE SCHOOL EXPANSION - MP 178(G), as 27 provided by MP 178 and Chapter 21.38 of the Carlsbad Municipal Code; and 28 WHEREAS, the Planning Commission did, on February 4, 2009, consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Minor Master Plan Amendment; and 4 WHEREAS, on July 9, 2002, the City Council approved, MP 178, as described 5 and conditioned in Planning Commission Resolution No. 5204 and City Council Ordinance No. 7 NS-635; and amended MP 178(F) most recently on January 5, 2008 as described and o conditioned in City Council Ordinance No NS-874 and Planning Commission Resolution No. 9 6361;and 10 WHEREAS, the modification to amend the Community Facility requirement to allow the shared used of private school facilities in Planning Areas 13 of the Bressi 13 Ranch Master Plan shall be authorized by a Minor Master Plan Amendment as specified in 14 Chapter VI, Section G of the Bressi Ranch Master Plan. 15 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 17 A) That the foregoing recitations are true and correct. 18 B) That based on the evidence presented at the public hearing, the Commission 19 APPROVES PACIFIC RIDGE SCHOOL EXPANSION - MP 178(G) based 20 on the following findings and subject to the following conditions: 21 Findings; 22 i. The Planning Commission finds that the project, as 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 February 4, 2009 in that the amendment is consistent with Land Use 24 Pattern Policy C.8 of the Land Use Element as it provides for a diversity of land uses such as schools and community facility uses, in close proximity to residents of 25 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 2" acreage for community facility uses and that the amendment will provide a unique 27 opportunity for the surrounding residents to have a shared use of the private school facilities including an athletic field, gymnasium, and access to a variety of 28 classrooms for use by charitable organizations, civic associations clubs, and youth organizations. PCRESONO. 6531 -2- 2. That the proposed Master Plan amendment is minor in that it is consistent with 2 Chapter VI, Section G of the Bressi Ranch Master Plan in that the amendment does not change the densities of any planning area, does not change the boundaries of any 3 planning area, or 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 4 Plan. 3. That all necessary public facilities can be provided concurrent with need, and adequate 6 provisions have been provided to implement those portions of the Capital Improvement Program applicable to the subject property, in that all public facilities are existing or 7 are conditioned to be installed concurrent with the project. o 4. That in the case of institutional, recreational, and other similar nonresidential uses, such development will be proposed, and surrounding areas are protected from any adverse effects from such development, in that a sound wall will be constructed to the south 10 and east of the athletic field to mitigate any potential noise impacts on the adjacent residential properties. 5. That the streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon, in that El Fuerte Street has adequate capacity to handle the 13 traffic generated by the project and development of the site with an expansion of the private school will result in a decrease in traffic compared to development of the site 14 with a community facility use such as a church or daycare. 6. That the area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development, in that the proposed project is compatible with the adjacent uses of RV storage to the north, single-family 17 residential development to the south, and open space to the east and west of the site. 18 7. That appropriate measures are proposed to mitigate any adverse environmental impact as noted in the adopted Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04) project, and the Mitigated Negative Declaration for the Pacific Ridge 20 School Expansion. 21 8. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 22 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 24 Conditions: 25 1. Staff is authorized and directed to make, or require Developer to make, all corrections 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 from this approval, shall require an amendment to this approval. 28 2. This approval is granted subject to the adoption of the Pacific Ridge School Expansion Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program PCRESONO. 6531 -3- and approval of CUP 06-11(A) and is subject to all conditions contained in Planning 2 Commission Resolutions No. 6530 and 6532 for those other approvals incorporated herein by reference. 3 3. 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 PACIFIC 5 RIDGE SCHOOL EXPANSION - MP 178(G) Plan, and three (3) complete paper copies of the Master Plan. 6 NOTICE 7 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 9 "fees/exactions." 10 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 12 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 13 annul their imposition. 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 16 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 17 expired. 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6531 -4- 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 February 4, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Whitton, and Chairperson Montgomery Y, Chahpjjson CARLSBAD PLANNINGCOMMISOTN ATTEST: DON NEU Planning Director PCRESONO. 6531 -5- EXHIBIT MP178(G) 1. Planned Industrial (PI) Due to their geographical locations, Planning Areas 1, 2, 3, 4, 5 and 14 have a designation of Planned Industrial (P-l). These planning areas comprise part of the central industrial core of the City of Carlsbad, are bordered by regional arterials, and are located in close proximity to Palomar Airport and lie within the McClellan-Palomar Airport Influence Area. Planning Areas 1, 2, 3, 4 and 5 will be developed with a combination of corporate office, light manufacturing and research and development uses, and Planning Area 14 may be developed with an industrial serving commercial use such as a service station/convenience store/car wash. The uses within these planning areas will be developed in accordance with the recommendations of SANDAG's Comprehensive Land Use Plan for McClellan-Palomar Airport and the County's Airport Master Plan. Portions of Planning Areas 2, 3, 4 and 5 are within the Flight Activity Zone of McClellan-Palomar Airport. A small part of Planning Area 3, near the intersection of Palomar Airport Road and El Camino Real, is also within the Runway Protection Zone. Development within these areas will be limited in scope in accordance with the recommendations of SANDAG's Comprehensive Land Use Plan for McClellan-Palomar Airport. Exhibit I-4 on page I-6 shows the boundaries of the Airport Influence Area, Flight Activity Zone and Runway Protection Zone. 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. Recreational vehicle storage, for residents of the Bressi Ranch Master Plan only, will be provided on roughly one acre in the northernmost portion of Planning Area 13. Subject to approval of a Conditional Use Permit a private school may be located in a portion of Planning Area 13. Community facility requirements may be satisfied through shared facility use of private school facilities if required minimum acreage and typical hours of availability are met, subject to review and approval of a Conditional Use Permit by the Planning Commission. If a school is not developed on a portion of Planning Area 13, the entire site may be developed with community facility uses as permitted by Chapter 21.25 of the Carlsbad Municipal Code. fc e+Mtu^j /W*u»v* 111-12 Ku, 2002