HomeMy WebLinkAbout2009-12-16; Planning Commission; Resolution 66591 PLANNING COMMISSION RESOLUTION NO. 6659
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM RESIDENTIAL
4 MOBILE HOME PARK (RMHP) TO PLANNED COMMUNITY
(P-C) ON A 2.21 ACRE WESTERLY PORTION OF A 5.7 ACRE
PARCEL GENERALLY LOCATED NORTH OF RANCHO
6 CARLSBAD ESTATES, SOUTH OF CANNON ROAD, AND
EAST OF THE ROBERTSON RANCH MASTER PLAN,
7 PLANNING AREA 22, IN LOCAL FACILITIES
MANAGEMENT ZONE 14.
8 CASE NAME: ROBERTSON RANCH PA 22
9 CASE NO: ZC 09-01
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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Parcel 2 of Parcel Map No. 19804, in the City of Carlsbad,
14 County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, August 3, 2005 as
15 Instrument No. 2005-0659805 of Official Records
("the property"); and
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WHEREAS, said application constitutes a request for a Zone Change as shown
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on Exhibit "ZC 09-01" dated December 16, 2009, attached hereto and on file in the Planning
20 Department, ROBERTSON RANCH PA 22 - ZC 09-01, as provided by Chapter 21.52 of the
21 Carlsbad Municipal Code; and
22 WHEREAS, the proposed Zone Change is set forth in the draft City Council
23 Ordinance, Exhibit "X" dated, December 16, 2009, and attached hereto ROBERTSON
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RANCH PA 22 - ZC 09-01; and
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WHEREAS, the Planning Commission did on December 16, 2009, hold a duly26
27 noticed public hearing as prescribed by law to consider said request; and
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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
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relating to the Zone Change.
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5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
5 Commission as follows:
7 A) That the foregoing recitations are true and correct.
o B) That based on the evidence presented at the public hearing, the Commission
9 RECOMMENDS APPROVAL of ROBERTSON RANCH PA 22 - ZC 09-01,
based on the following findings:
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Findings:
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1. That the proposed Zone Change from Residential Mobile Home Park (RMHP) to
Planned Community (P-C) is consistent with the goals and policies of the various
13 elements of the General Plan, in that in order to incorporate the 2.21 acres into the
Robertson Ranch Master Plan a rezone to P-C must first occur. The Robertson
14 Ranch Master, which was adopted November 14, 2006, provides the method for the
orderly implementation of the General Plan. The Robertson Ranch Master Plan
' 5 was found to be consistent with the goals and policies of the various elements of the
1 f- General Plan.lo
17 2. That the Zone Change will provide consistency between the General Plan and Zoning as
mandated by California state law and the City of Carlsbad General Plan Land Use
18 Element, in that the P-C Zone designation shown on Exhibit "ZC 09-01" attached
hereto, as applied through the Robertson Ranch Master Plan (MP 02-03(B))
implements the proposed Office & Related Commercial (O) General Plan land use
2Q designation.
21 3. That the Zone Change is consistent with the public convenience, necessity, and general
welfare, and is consistent with sound planning principles in that the P-C Zone, as
22 applied through the Robertson Ranch Master Plan (MP 02-03(B)), provides for the
,- orderly implementation of the General Plan.
24 4. The Planning Commission of the City of Carlsbad does hereby find:
25 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and Addendum for
26 ROBERTSON RANCH PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-
27 01/SDP 09-01/PUD 09-01, the environmental impacts therein identified for this
project and any comments thereon prior to RECOMMENDING APPROVAL of the
28 project; and
PC RESO NO. 6659 -2-
b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
2 Program and Addendum have been prepared in accordance with requirements of
the California Environmental Quality Act, the State Guidelines and the
3 Environmental Protection Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
5 d. based on the EIA and comments thereon, there is no substantial evidence the project
will have a significant effect on the environment.
7
. 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
0 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.
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Conditions:
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. 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
13 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
14 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
property title; institute and prosecute litigation to compel their compliance with said
. fi 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 Zone Change.
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Staff is authorized and directed to make, or require the Developer to make, all corrections
1 8 and modifications to the Zone Change documents, as necessary to make 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,
2Q different from this approval, shall require an amendment to this approval.
21 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.
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4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
24 are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid, this approval shall be
25 invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
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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
28 representatives, from and against any and all liabilities, losses, damages, demands, claims
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 Zone Change, (b) City's
PC RESO NO. 6659 -3-
approval or issuance of any permit or action, whether discretionary or nondiscretionary,
2 in connection with the use contemplated herein, and (c) Developer/Operator's installation
and operation of the facility permitted hereby, including without limitation, any and all
3 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.
6. This approval is granted subject to the approval of the Mitigated Negative Declaration
6 and Mitigation Monitoring and Reporting Program and Addendum, GPA 09-01,
and MP 02-03(B) and is subject to all conditions contained in Planning Commission
7 Resolutions No. 6657, 6658, and 6660 for those other approvals incorporated herein by
reference.
7. Developer shall implement, or cause the implementation of, the ROBERTSON RANCH
PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 Project
10 Mitigation Monitoring and Reporting Program and Addendum.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
12 Commission of the City of Carlsbad, held on December 16, 2009, by the following vote, to wit:
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AYES: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard,
14 Schumacher, and Chairperson Montgomery
15 NOES:
16 ABSENT:
17
ABSTAIN:
18 "
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21 MARTELL B. MONTGOMERY^Chairperson
CARLSBAD PLANNING COMMISSION
"22 "
23 ATTEST:
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26 DON NEU
27 Planning Director
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PC RESO NO. 6659 -4-
Exhibit "X"
December 16, 2009
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF
3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO
THE ZONING MAP TO GRANT A ZONE CHANGE FROM
4 RESIDENTIAL MOBILE HOME PARK (RMHP) TO PLANNED
COMMUNITY (P-C) ON A 2.21 ACRE PORTION OF A 5.7 ACRE
5 PARCEL GENERALLY LOCATED NORTH OF RANCHO
CARLSBAD ESTATES, SOUTH OF CANNON ROAD, AND EAST
6 OF THE ROBERTSON RANCH MASTER PLAN, PLANNING
AREA 22, IN LOCAL FACILITIES MANAGEMENT ZONE 14.
7 CASE NAME: ROBERTSON RANCH PA 22
CASE NO.: ZC 09-01
8
The City Council of the City of Carlsbad, California, does hereby resolve as
9 follows:
10 SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the
11 City's zoning map, is amended as shown on the map marked Exhibit "ZC 09-01," dated
12 December 16, 2009 attached hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission as set
forth in Planning Commission Resolution No. 6659 constitute the findings and conditions of the
15 City Council.
16 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days
17 after its adoption and the City Clerk shall certify to the adoption of this ordinance and cause it to
1 Q
be published at least once in a publication of general circulation in the City of Carlsbad within
1 Q fifteen days after its adoption.
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Exhibit "X"
December 16, 2009
1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
2 Council on the day of 2010, and thereafter.
3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
4 Carlsbad on the day of 2010, by the following vote, to wit:
5 AYES:
6 NOES:
7 ABSENT:
8
9
10 CLAUDE A. LEWIS, Mayor
ATTEST:
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14 LORRAINE M. WOOD, City Clerk
15 (SEAL)
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Exhibit "ZC 09-01'
December 16, 2009
ZC 09-01 Robertson Ranch PA 22
Rancho Carlsbad
Moble Home Park
EXISTING
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
Zoning Designation Changes
Property
A.168-050-55
From:
RMHP
To:
P-C / RMHP