HomeMy WebLinkAbout2009-12-16; Planning Commission; Resolution 66581 PLANNING COMMISSION RESOLUTION NO. 6658
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 TO CHANGE THE
GENERAL PLAN LAND USE DESIGNATION ON A 4.37
ACRE PARCEL IDENTIFIED IN THE ROBERTSON RANCH
6 MASTER PLAN AS PLANNING AREA 22 FROM
UNPLANNED AREA (UA) TO OFFICE & RELATED
7 COMMERCIAL (O) AND OPEN SPACE (OS), AND TO
CHANGE THE GENERAL PLAN LAND USE DESIGNATION
8 ON A 2.21 ACRE WESTERLY PORTION OF THE ADJACENT
9 PARCEL, REFERRED TO IN THE MASTER PLAN AS THE
"OPTION PARCEL," FROM RESIDENTIAL LOW-MEDIUM
10 DENSITY (RLM, 0-4 DU/AC) TO OFFICE & RELATED
COMMERCIAL (O) AND OPEN SPACE (OS) ON PROPERTY
11 GENERALLY LOCATED SOUTH OF CANNON ROAD, EAST
OF EL CAMINO REAL, AT THE SOUTHEAST CORNER OF
12 THE INTERSECTION OF WIND TRAIL WAY AND CANNON
13 ROAD, WITHIN THE ROBERTSON RANCH MASTER PLAN,
IN LOCAL FACILITIES MANAGEMENT ZONE 14.
14 CASE NAME: ROBERTSON RANCH PA 22
CASE NO: GPA 09-01
15 :
16 WHEREAS, Brookfield Tamarack, LLC, "Developer," has filed a verified
17 application with the City of Carlsbad regarding property owned by Calavera Hills II, LLC,
18 "Owner," described as:
19 Lot 3 of Carlsbad Tract No. 02-16, Robertson Ranch East
20 Village, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 15608, filed in the
21 Office of the County Recorder of San Diego County,
September 18, 2007; and Parcel 2 of Parcel Map No. 19804, in
22 the City of Carlsbad, County of San Diego, State of California,
filed in the Office of the County Recorder of San Diego
County, August 3, 2005 as Instrument No. 2005-0659805 of
24 Official Records
25 ("the Property"); and
2" WHEREAS, said verified application constitutes a request for a General Plan
27 Amendment as shown on Exhibit "GPA 09-01" dated December 16, 2009, attached hereto and
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on file in the Carlsbad Planning Department, ROBERTSON RANCH PA 22 - GPA 09-01, as
provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad
2 Municipal Code; and
3
WHEREAS, the Planning Commission did, on December 16, 2009, hold a duly
4
, noticed public hearing as prescribed by law to consider said request; and
5 WHEREAS, at said public hearing, upon hearing and considering all testimony
7 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
o relating to the General Plan Amendment.
9 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad, as follows:
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A) That the above recitations are true and correct.
13 B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of ROBERTSON RANCH PA 22 - GPA 09-
14 01, based on the following findings:
15 Findings:
1. The Planning Commission finds that the project, as conditioned herein, is in
17 conformance with the Elements of the City's General Plan based on the facts set forth in
the staff report dated December 16,2009 including, but not limited to the following:
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a. Land Use - The existing General Plan Land Use designation for Planning Area
22 is Unplanned Area (UA). The UA designation indicates areas where planning
2Q for future land uses has not be completed. The UA designation is implemented
through the Planned Community (P-C) Zone, which is applied to all of the
21 properties within the Master Plan. The adjacent 5.7 acre "Option Parcel" has a
General Plan Land Use designation of Residential Low-Medium Density (RLM,
22 0-4 du/ac). The proposed project involves annexing 2.21 acres of the "Option
9/, Parcel" into the boundaries of the Master Plan to create a new 6.58 acre
Planning Area 22 project site. A General Plan Amendment is proposed, which
24 would modify the allowable land uses on the subject site from UA and RLM to
Office & Related Commercial (O) and Open Space (OS). The OS designation
25 would be applied to a portion of the project site (Lot 4), which includes a 100
foot wetland buffer for Calavera Creek and a mature stand of existing sycamore
" trees. The O General Plan Land Use classification designates areas that are
27 compatible with and environmentally suited for office and professional uses, as
well as related commercial uses. This designation is appropriate for office uses,
28 and can function as a transitional land use between retail commercial areas and
residential uses or residential neighborhoods with varying densities. The office
use would allow for the development of a commercial office building, related
PCRESONO. 6658 -2-
parking lot, and accessory uses, as well as an RV storage lot for the benefit of the
2 residents of the Robertson Ranch East and West Villages. Development of office
type land uses in close proximity to housing implements the smart growth
3 principle of providing a balanced mix of land uses in a community, which is
considered to be a critical component of achieving better places to live. By
placing uses in close proximity to one another, alternatives to driving, such as
. walking or biking, become more viable. The Robertson Ranch Master Plan is
strong in providing a mix of housing, ample parks and open space areas, along
5 with local shopping. The O General Plan Land Use designation on this site will
enhance the Master Plan one step further by providing employment
7 opportunities proximate to residential uses, and therefore a more balanced
community.8 y
b. Public Safety - The project includes or has been conditioned to provide facilities
to ensure that the development proposal complies with all public safety
10 requirements.
c. Open Space & Conservation - The project minimizes impacts to natural resources
in that no sensitive resources presently exist within the boundaries of the
development. The project includes and designates as open space a 100 foot
13 wetland buffer for Calavera Creek. The project utilizes Best Management
Practices for control of storm water and to protect water quality in that, the
14 project is designed in accordance with the City's Stormwater regulations; it is
conditioned to implement Best Management Practices (BMP) for water quality
protection, to comply with the City of Carlsbad Standard Urban Stormwater
16 Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region
of the California Regional Water Quality Control Board and with the City of
17 Carlsbad Municipal Code.
18 d. Circulation - Good road design practice has been utilized to minimize the
number of intersections and other conflicting traffic movements in that the
project driveway for ingress and egress has been designed to align with the
2Q existing intersection at Wind Trail Way and Cannon Road in order to minimize
the number of intersections and conflicting traffic movements along this
21 corridor.
22 e. Noise - An Acoustical Site Assessment was prepared for the project. Vehicle
noise from Cannon Road was identified as the primary noise source affecting the
project site. Through mitigation, the office building is required to provide a
24 minimum noise reduction of 13.3 dBA CNEL to comply with the City's interior
Leq(h) standard of 55 dBA CNEL. Additionally, the nearest noise sensitive area
25 to the project is Rancho Carlsbad Estates, the boundaries of which are located
approximately 215 feet to the south of the project site. The proposed office
building is proposing a ground mounted mechanical equipment enclosure on the
27 south side of the building. Mitigation measures prohibiting the venting of
louvers on the south side of the enclosure, as well as requiring the wall height of
28 the enclosure to extend a minimum of one foot above the surface height of the
mechanical equipment, together with a proposed and an existing six foot tall
masonry perimeter wall at the top of slope and southern boundary of proposed
PC RESO NO. 6658 -3-
Lot 4, will reduce noise levels below 40 dBA Leq, which is below both the City's
2 exterior 60 dBA CNEL and interior 45 dBA CNEL requirements for residential
land uses.
3
2. The Planning Commission of the City of Carlsbad does hereby find:
4
a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and Addendum for
6 ROBERTSON RANCH PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-
01/SDP 09-01/PUD 09-01, the environmental impacts therein identified for this
7 project and any comments thereon prior to RECOMMENDING APPROVAL of the
project; and
o
n b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program and Addendum have been prepared in accordance with requirements of
10 the California Environmental Quality Act, the State Guidelines and the
Environmental Protection Procedures of the City of Carlsbad; and
11
c. it reflects the independent judgment of the Planning Commission of the City of
12 Carlsbad; and
13 d. based on the EIA and comments thereon, there is no substantial evidence the project
14 will have a significant effect on the environment.
15 3. 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
to mitigate impacts caused by or reasonably related to the project, and the extent and the
17 degree of the exaction is in rough proportionality to the impact caused by the project.
18 Conditions;
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
2Q implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
21 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
22 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
24 or a successor in interest by the City's approval of this General Plan Amendment.
25 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
2" them internally consistent and in conformity with the final action on the project.
~7 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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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.
PC RESO NO. 6658 -4-
4. If any conditions for construction of any public improvements or facilities, or the
2 payment 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
3 Section 66020. If any such condition is determined to be invalid, this approval shall be
invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
5 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
7 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
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
10 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.
13 6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and Addendum, ZC 09-01, and
14 MP 02-03(B) and is subject to all conditions contained in Planning Commission
Resolutions No. 6657, 6659, and 6660 for those other approvals incorporated herein by
reference.
7. Developer shall implement, or cause the implementation of, the ROBERTSON RANCH
17 PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 Project
Mitigation Monitoring and Reporting Program and Addendum.
18
19 NOTICE
20 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
21 "fees/exactions."
22 You have 90 days from date of approval to protest imposition of these fees/exactions. If you
23 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
24 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
annul their imposition.
26 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
27 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
28 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.
PCRESONO. 6658 -5-
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2 Commission of the City of Carlsbad, California, held on December 16, 2009, by the following
3
vote, to wit:
4
AYES: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard,
Schumacher, and Chairperson Montgomery
6
NOES:
7
ABSENT:8
9 ABSTAIN:
10
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12 MARTELL B. MONTGOMERY, STairperson
! 3 CARLSBAD PLANNING COMMISSION
14
ATTEST:
15
16
17
DON NEU
18 Planning Director
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PC RESO NO. 6658 -6-
Exhibit "GPA09-011
December 16, 2009
GPA 09-01 Robertson Ranch PA 22
Rancho Carlsbad
Moble Home Park
EXISTING
m\^i
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Rancho Carlsbad
Moble Home Park
PROPOSED
Related Case File No(s): GPA 09-01 / ZC 09-01 / MP 02-03(B)
CT 09-01 / SDP 09-01/ PUD 09-01
General Plan Map Designation Changes
A.
B.
Property
168-360-03
168-050-55
From:
UA
RLM
To:
O/OS
0 / OS / RLM