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Home My WebLink About2009-07-15; Planning Commission; Resolution 65781 PLANNING COMMISSION RESOLUTION NO. 6578 2 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 FROM LOCAL SHOPPING CENTER, OFFICE AND RESIDENTIAL LOW-MEDIUM TO 6 RESIDENTIAL HIGH DENSITY AND OPEN SPACE ON 9.96 ACRES OF LAND AND THE REDISTRIBUTION OF LOCAL 7 SHOPPING CENTER, OFFICE RESIDENTIAL LOW-MEDIUM AND OPEN SPACE LAND USES GENERALLY LOCATED 8 NORTHERLY AND EASTERLY OF THE LA COSTA o AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL 10 FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA TOWN SQUARE 11 CASE NO: GPA01-02 12 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 13 verified application with the City of Carlsbad regarding property described as 14 A portion of Section 31, Township 12 South and a portion of 15 Section 6, Township 13 South, Range 4 West, San Bernardino , g Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to Map thereof No 848, in the City of 17 Carlsbad, County of San Diego, State of California 18 ("the Property"); and WHEREAS, said verified application constitutes a request for a General Plan 20 Amendment as shown on Exhibit "GPA 01-02" dated July 1, 2009, attached hereto and on file 21 in the Carlsbad Planning Department, LA COSTA TOWN SQUARE - GPA 01-02, as 22 provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad s~i-J 24 Municipal Code; and 25 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, 2° hold a duly noticed public hearing as prescribed by law to consider said request; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 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 LA COSTA TOWN SQUARE - GPA 01- 6 02, based on the following findings: 7 Findings: ° 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan and La Costa Master Plan based on the facts set forth in the staff report dated July 1, 2009 including, but not 10 limited to the following: 11 Land Use: The proposed amendment to change the Land Use designation of a 9.96 acre site from Local Shopping Center and Office to Residential High density is for the purpose of developing a residential project to provide a variety of housing types , - at a density which will provide more affordable housing opportunities. Land Use: That the Residential High density designated site is in close proximity to adequate and convenient commercial services and major transportation corridors. 15 The site is compatible with adjacent and existing single family residential land uses located to the north and east in that adequate separation in the form of open space, old street rights of way and topographic separation is provided. 111 Land Use: That there have been sufficient developments approved in the quadrant , o at densities below the control point to offset the 110 unit net allocation to this property so that the approval will not result in exceeding the Southeast quadrant 19 dwelling unit limit. 20 Land Use: That the construction of Rancho Santa Fe Road has divided the Local Shopping Center, Office, and Residential Low-Medium Land Uses and the Office Land Use has been relocated to the north side of La Costa Avenue at Calle Timiteo. ~~ The 7.14 acre site is an appropriate site for Office use as it is adjacent to Local Shopping Center and Open Space and is separated by La Costa Avenue, a 23 secondary arterial, from Residential Medium High Land Use. 24 Land Use: That the boundaries of the Residential Low Medium, Open Space, and Local Shopping Center have been adjusted to reflect the design of the project. The Open Space Land Use continues to provide an adequate buffer as intended between ~s the Residential Low-Medium and Local Shopping Center and Office Land Uses. 97 Circulation: That Rancho Santa Fe Road is adequate in size and capacity to accommodate the traffic generated by the Residential High Land Use designation. 28 Bus stops along Rancho Santa Fe Road provide opportunities for public transportation. PC RESO NO. 6578 -2- Circulation: That the street vacation for Rancho Santa Fe Road removes a previous 2 roadway alignment and dedications have been provided for the new and existing Rancho Santa Fe Road alignment. 3 Conditions: 4 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 f implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 7 future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 8 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. 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 them internally consistent and in conformity with the final action on the project. 12 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 15 4. If any condition for construction of any public improvements or facilities, or the payment 16 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 1' Section 66020. If any such condition is determined to be invalid, this approval shall be 1 o invalid unless the City Council determines that the project without the condition complies with all requirements of law. 19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 21 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, (b) City's approval or issuance of any permit or action, whether discretionary or 23 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 24 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 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 27 6. This approval is granted subject to the certification of EIR 01-02 and approval of MP 149(R) and LFMP 87-ll(C) and is subject to all conditions contained in Planning 28 Commission Resolutions No. 6577, 6579, and 6580 for those other approvals incorporated herein by reference. PC RESO NO. 6578 -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 July 15, 2009, by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez B. MONTGOMERY, CARLSBAD PLANNING COM| ATTEST: airperson SIGN DON NEU Planning Director PC RESO NO. 6578 -4- GPA01-02 La Costa Town Square July 1,2009 EXISTING PROPOSED Related Case File No(s): EIR 01-02 / MP 149(R) / LFMP 87-1 1(C) / CT 01-09 / CT 08-03 / CT 08-07 / CP 01-03 / PUD 08-09 / HDP 01-05 / SDP 01-03 / SDP 01-04 / V 08-02 / CUP 04-18 / CUP 08-01 / CUP 08-02 / CUP 08-03 / CUP 08-04 / CUP 08-05 / CUP 08-06 / CUP 08-07 Property/Legal Description(s): Property/Legal Description(s): A portion of Section 31, Township 12 South and a portion of Section 6, Township 13 South, Range 3 West, San Bernardino Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to map thereof No. 848, in the City of Carlsbad, County of San Diego, State of California. General Plan Map Designation Changes A. B. C. D. Property 223-050-68-00 223-050-70-00 223-060-31-00 223-060-32-00 From: RLM OS / RLM O/ OS /RLM L / O / OS / RLM To: OS/RH L / OS / RLM URH L / O / OS / RLM