Loading...
HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 65791 PLANNING COMMISSION RESOLUTION NO. 6579 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LA COSTA 4 MASTER PLAN TO CHANGE THE LAND USE AND UNDERLYING ZONING FROM LOCAL SHOPPING CENTER AND OFFICE TO RESIDENTIAL HIGH DENSITY AND OPEN 6 SPACE ON 9.96 ACRES OF LAND, REDUCE THE ACREAGE OF OFFICE USE REQUIRED, REDISTRIBUTE LOCAL 7 SHOPPING CENTER, OFFICE, RESIDENTIAL LOW-MEDIUM LAND, AND OPEN SPACE USES TO REFLECT THE 8 PROJECT DESIGN, ASSOCIATED TEXT CHANGES, AND o DELETION OF BUILDING HEIGHT AND SIGN PROVISIONS TO THE LA COSTA MASTER PLAN GENERALLY LOCATED 10 NORTHERLY AND EASTERLY OF THE LA COSTA AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA TOWN SQUARE 13 CASE NO: MP 149(R) 14 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as A portion of Section 31, Township 12 South and a portion of 17 Section 6, Township 13 South, Range 4 West, San Bernardino Meridian, together with portions of Lots 4 and 5 of Rancho Las 18 Encinitas according to Map thereof No 848, in the City of Carlsbad, County of San Diego, State of California 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Master Plan 22 Amendment as shown on Exhibit "X" dated July 1, 2009, on file in the Carlsbad Planning 23 Department, LA COSTA TOWN SQUARE - MP149(R), as provided by MP 149(U) and 24 Chapter 21.38 of the Carlsbad Municipal Code; and 25 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,26 27 consider said request; and 28 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 Master Plan Amendment; and 4 WHEREAS, on September 5, 1972, the City Council approved, MP 149, and 5 City Council Resolution No. 9322; and amended MP 149 most recently on August 16, 2006 as 7 described and conditioned in Planning Commission Resolution No. 6156. 8 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 9 Commission of the City of Carlsbad as follows: 10 A) That the foregoing recitations are true and correct. 11 B) That based on the evidence presented at the public hearing, the Commission 12 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE - MP149(R) 1 3 based on the following findings and subject to the following conditions: 14 Findings: 15 1. The Planning Commission finds that the La Costa Master Plan Amendment, as 1 s 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 July 1, 2009 including, but not 17 limited to the following: That the La Costa Master Plan, as revised, continues to provide Local Shopping Center, Office, Residential Low-Medium and Open Space 18 Land Uses; That the Master Plan is being revised to change Local Commercial, Office Residential Low-Medium and Open Space to Residential High density to meet regional housing needs; That the Residential High density is appropriate and 2Q compatible with adjacent residential single family land uses in that adequate separation in the form of open space between uses is provided; That the Master 21 Plan is being revised to redistribute the Local Commercial, Office, Residential Low- Medium, and Open Space land uses to reflect the design of the project; That the 22 Office area requirement, reduced from 25 percent minimum to 19 percent n_ minimum, continues to fulfill the intent to provide for Office specific uses for the La Costa community; The commercial portion of the project allows office uses which 24 may increase the percentage of office uses; and that the building height for RM and RMH land uses and sign sections of the La Costa Master Plan are deleted and refers 25 to the Zoning Ordinance for building height and sign standards. 2" 2. That all necessary public facilities can be provided concurrent with need, and adequate 27 provisions have been provided to implement those portions of the Capital Improvement Program applicable to the subject property, in that the project Local Facilities 28 Management Plan Amendment includes an analysis of public facilities needed to support the project and the project has been conditioned to provide the necessary improvements concurrent with development. PC RESO NO. 6579 -2- 3. That the proposed commercial, office and residential uses will be appropriate in area, 2 location, and overall design to the purpose intended, that the design and development are such as to create an environment of sustained desirability and stability, and that such 3 development will meet performance standards established by Title 21, in that the commercial component of the project is centrally located to serve the La Costa community; that the office component, as modified, is adequate in size to meet the intent of the Master Plan by providing office uses specifically; and the Residential Low Medium and High density Land Uses provide a variety of housing opportunities; and that the project meets the development standards, with the exception of the Sign Ordinance (for which a Variance is being requested). 7 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 adequate buffers in the form of open space, vertical, and horizontal separation, extensive landscaping, earthen berms, lighting 10 restrictions, and screen walls are provided to minimize impacts to adjacent uses. 5. That the streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon, in that all required roadway improvements are per the recommendations of the traffic impact analysis report prepared by Urban Systems, 13 the Local Facilities Management Plan Zone 11, EIR 01-02, and as established by the General Plan. 14 6. That any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities of the types needed at such , c location proposed, in that an extensive commercial study was prepared by the City of Carlsbad and the La Costa Town Square site was established as a desirable location 17 for commercial services to satisfy the needs of the greater Carlsbad residents. 18 7. That the area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development, in that impacts from noise and light sources have been adequately mitigated and adequate separation in the form of open 20 space, vertical, and horizontal separation, extensive landscaping, earthen berms, lighting restrictions, and screen walls. 21 8. That appropriate measures are proposed to mitigate any adverse environmental impact as 22 noted in the Final Environmental Impact Report for the project as listed in the Candidate Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program. 24 9. The Planning Commission has reviewed each of the exactions imposed on the Developer 25 contained in this resolution and hereby finds, in this case, that the exactions are imposed 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. 27 ^ J. .Conditions: 28 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 PC RESO NO. 6579 -3- consistent and in conformity with final action on the project. Development shall occur 2 substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3 2. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 4 01-02 and LFMP 87-11(C) and is subject to all conditions contained in Planning - Commission Resolutions No. 6577, 6578, and 6580 for those other approvals incorporated herein by reference. 6 3. Prior to the issuance of any permits for the project, the applicant shall submit to the 7 Planning Director a digital copy and a camera-ready master copy of the La Costa Master Plan Amendment - MP 149(R), in addition to 5 bound copies. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, . 1 dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 12 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 13 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 I r follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 16 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 17 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 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 expired. 20 " 21 22 23 24 25 26 27 28 PC RESO NO. 6579 -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 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 MARTELL B. MONT|rOMERY£anairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6579 -5- 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING THE LA COSTA MASTER PLAN AMENDMENT TO CHANGE THE LAND USE 4 AND UNDERLYING ZONING FROM LOCAL SHOPPING CENTER, OFFICE, RESIDENTIAL LOW-MEDIUM, AND OPEN 5 SPACE TO RESIDENTIAL HIGH DENSITY ON 9.96 ACRES OF LAND, REDUCE THE ACREAGE OF OFFICE USE, 6 REDISTRIBUTE LOCAL SHOPPING CENTER, OFFICE, RESIDENTIAL LOW-MEDIUM, AND OPEN SPACE LAND USES 7 TO REFLECT THE PROJECT DESIGN, ASSOCIATED TEXT CHANGES, AND DELETE BUILDING HEIGHT AND SIGN 8 PROVISIONS TO THE LA COSTA MASTER PLAN ON LANDS GENERALLY LOCATED NORTHERLY AND EASTERLY OF 9 THE LA COSTA AVENUE AND RANCHO SANTA FE ROAD 0 INTERSECTION IN THE SOUTHEAST QUADRANT OF THE 1U CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11. ,, CASE NAME: LA COSTA TOWN SQUARE CASE NO.: MP 149(R) 12 WHEREAS, the City Council of the City of Carlsbad, California, has reviewed 13 and considered a Master Plan to guide the development of Commercial, Office and Residential 14 development for properties located within the La Costa Master Plan area so that they can be 15 regulated by proposed Master Plan 149(R), and 16 WHEREAS, the City Council did on the day of , 2009, hold a duly noticed public hearing as prescribed by law to consider said request; and18 , Q WHEREAS, said application constitutes a request for a Master Plan Amendment 2Q consistent with Chapter 21.38 of the municipal code as shown on Exhibit "MP 149(R)", 21 incorporated herein by reference. 22 NOW, THEREFORE, the City Council of the City of Carlsbad, California, does 23 ordain as follows: 24 SECTION I: That Master Plan MP 149(R), on file in the Planning Department, 25 and incorporated herein by reference, is adopted. The La Costa Master Plan (MP 149(R) shall constitute the development plan for the property and all development within the plan area shall 77 conform to the plan. 28 /// SECTION II: That the findings and conditions of the Planning Commission in 2 Planning Commission Resolution No. 6579 shall also constitute the findings and conditions of the City Council. 4 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 5 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 6 published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 2009, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of 12 Carlsbad on the day of 2009, by the following vote, to wit: 13 AYES: 14 NOES: 15 ABSENT: 16 ABSTAIN: 17 18 APPROVED AS TO FORM AND LEGALITY 19 20 RONALD R. BALL, City Attorney 21 " 22 23 CLAUDE A. LEWIS, Mayor 24 n ATTEST:25 26 27 LORRAINE M. WOOD, City Clerk 28 PC RESO NO. -2-