HomeMy WebLinkAbout2010-10-06; Planning Commission; Resolution 66701 PLANNING COMMISSION RESOLUTION NO. 6670
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 AND THE OPEN SPACE AND CONSERVATION
, MAP OF THE GENERAL PLAN TO CHANGE THE LAND
USE DESIGNATION FROM RESIDENTIAL LOW-MEDIUM
6 (RLM) TO RLM AND OPEN SPACE (OS) ON A 3.91 ACRE
PROPERTY GENERALLY LOCATED SOUTH OF EL FUERTE
7 STREET AND NORTH OF CACATUA STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 6.
8 CASE NAME: EL FUERTE VIEW
9 CASE NO: GPA 09-08
10 WHEREAS, Michael Schmidt and Nataliya Orlova, "Owner/Developer," has
11 filed a verified application with the City of Carlsbad regarding property described as
12 Lot 552 of La Costa Meadows Unit 3 in the City of Carlsbad,
13 County of San Diego, State of California, according to Map
thereof No. 7076, filed in the Office of the County Recorder of
14 San Diego County, October 16,1971
15 ("the Property"); and
WHEREAS, said verified application constitutes a request for a General Plan
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Amendment as shown on Exhibit "GPA 09-08" dated August 4, 2010, attached hereto and on
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file in the Carlsbad Planning Department, EL FUERTE VIEW - GPA 09-08, as provided in
20 Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code;
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22 WHEREAS, the Planning Commission did, on March 17, 2010, April 7, 2010,
23 September 1, 2010 and October 6, 2010 hold duly noticed public hearings as prescribed by law
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to consider said request;
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WHEREAS, at said public hearings, upon hearing and considering all testimony26
2i and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
28 relating to the General Plan Amendment.
1 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.
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_ B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of EL FUERTE VIEW - GPA 09-08, based on
5 the following findings:
7 Findings;
o 1. The Planning Commission finds that the project is in conformance with the Elements of
o the City's General Plan based on the facts set forth in the staff report dated August 4,
2010 including, but not limited to the following: that the proposed change in General
10 Plan Land Use designation from Residential Low-Medium (RLM) to RLM and
Open Space (OS) is based on the environmental constraints of the property and is
11 environmentally appropriate for the site in that the sensitive habitat within the 1.56
acre OS parcel will be preserved; that the development of the site with 7 single
family lots is consistent with the 0-4 du/ac density range established by the RLM
13 designation since the density proposed is 3.2 du/ac; and, that the Habitat
Management Plan requires resource areas to be designated as Open Space at the
14 time of development.
^ 2. The change in General Plan Land Use designation from RLM to RLM and OS for
•,, the portions of the site proposed for open space habitat preservation is consistent
with the adopted General Plan, in that the General Plan Open Space Element
17 requires resource areas to be designated as Open Space at the time of development.
18 3. The Planning Commission of the City of Carlsbad does hereby find:
19 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and
2Q Mitigation Monitoring and Reporting Program (MMRP) for the El Fuerte View
project, the environmental impacts therein identified for this project and said
21 comments thereon, and the Program, on file in the Planning Department, prior to
RECOMMENDING ADOPTION of the project; and
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b. the Mitigated Negative Declaration and the MMRP have been prepared in accordance
with requirements of the California Environmental Quality Act, the State Guidelines
24 and the Environmental Protection Procedures of the City of Carlsbad; and
25 c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and26
27 d. based on the EIA Part II and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on the
28 environment.
PC RESO NO. 6670 -2-
4. The Planning Commission has reviewed each of the exactions imposed on the Developer
2 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
3 degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions;
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
6 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
7 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
issued under the authority of approvals herein granted; record a notice of violation on the
p 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
10 or a successor in interest by the City's approval of this General Plan Amendment.
11 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
them internally consistent and in conformity with the final action on the project.
13 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.
4. If any condition for construction of any public improvements or facilities, or the payment
17 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
18 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.
20 5. Developer shall implement, or cause the implementation of, the El Fuerte View Project
21 Mitigation Monitoring and Reporting Program.
22 6. 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
representatives, from and against any and all liabilities, losses, damages, demands, claims
24 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,
25 (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,
27 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
28 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
PC RESO NO. 6670 -3-
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7. This approval is granted subject to the approval of the Mitigated Negative Declaration
and ZC 09-09 and is subject to all conditions contained in Planning Commission
Resolutions No. 6669 and 6671 for those other approvals incorporated herein by
reference.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on October 6, 2010, by the following vote,
to wit:
AYES: Commissioners Baker, Dominguez, Montgomery, Nygaard and
Schumacher
NOES: Vice Chairperson L'Heureux
ABSENT: Chairperson Douglas
ABSTAIN:
STEPHE>PHXF" L'HEURETfX, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Xfem S l&M
DON NEU
Planning Director
PC RESO NO. 6670 -4-
Exhibit "GPA 09-08'
August 04, 2010
GPA 09-08 El Furte View
EXISTING
PROPOSED
Related Case File No(s): ZC 09-09 / CT 04-13 / HDP 04-06 / HMP 09-10
LCPA Land Use Designation Changes
A.
Property
215-370-28
From:
RLM
To:
RLM and OS