HomeMy WebLinkAbout2010-10-06; Planning Commission; Resolution 66711 PLANNING COMMISSION RESOLUTION NO. 6671
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM ONE-FAMILY
4 RESIDENTIAL (R-l) TO R-l AND OPEN SPACE (OS) ON A
3.91 ACRE PROPERTY GENERALLY LOCATED SOUTH OF
EL FUERTE STREET AND NORTH OF CACATUA STREET
6 IN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: EL FUERTE VIEW
7 CASE NO: ZC 09-09
8 WHEREAS, Michael Schmidt and Nataliya Orlova, "Owner/Developer," has
filed a verified application with the City of Carlsbad regarding property described as
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Lot 552 of La Costa Meadows Unit 3 in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 7076, filed in the Office of the County Recorder of
San Diego County, October 16,1971
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("the Property"); and
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WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit "ZC 09-09" dated August 4, 2010; and
17 WHEREAS, the proposed Zone Change is set forth in draft City Council
18 Ordinance, Exhibit "X," dated September 1, 2010 and attached hereto as EL FUERTE VIEW
19 -ZC 09-09; and
20 WHEREAS, the Planning Commission did on March 17, 2010, April 7, 2010,
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September 1, 2010 and October 6, 2010 hold duly noticed public hearings as prescribed by law
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to consider said request; and
24 WHEREAS, at said public hearings, upon hearing and considering all testimony
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Zone Change.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 RECOMMENDS APPROVAL of EL FUERTE VIEW - ZC 09-09, based on
the following findings:
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<- Findings:
5 1. That the proposed Zone Change from One-Family Residential (R-l) to Open Space
(OS) on a portion of the project site is consistent with the goals and policies of the
7 various elements of the General Plan, in that the proposed change in zone designation
from R-l to R-l and OS is based on the environmental constraints of the property
and is environmentally appropriate in that the OS parcel will be included in an open
p space habitat preserve area; and, that this area is proposed to be designated as OS
on the General Plan Land Use and Open Space and Conservation maps in
10 accordance with the Habitat Management Plan requirements to designate resource
areas as open space at the time of development.
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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
13 Element, in that the R-l and OS zone designations shown on Exhibit "ZC 09-09"
attached hereto, implement the General Plan Land Use designations of RLM and
14 OS proposed on the site.
15 3. That the Zone Change is consistent with the public convenience, necessity, and general
16 welfare, and is consistent with sound planning principles in that the Zone Change
implements the Habitat Management Plan requirements to designate resource areas
17 as open space at the time of development and the proposed R-l and OS zone
designation is compatible with the adjacent and future residential land uses.
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4. The Planning Commission of the City of Carlsbad does hereby find:
20 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (MMRP) for the El Fuerte View
21 project, the environmental impacts therein identified for this project and said
comments thereon, and the Program, on file in the Planning Department, prior to
22 RECOMMENDING ADOPTION of the project; and
23 b. the Mitigated Negative Declaration and the MMRP have been prepared in accordance
24 with requirements of the California Environmental Quality Act, the State Guidelines
and the Environmental Protection Procedures of the City of Carlsbad; and
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c. they reflect the independent judgment of the Planning Commission of the City of
26 Carlsbad; and
27 d. based on the EIA Part II and comments thereon, the Planning Commission, finds
28 that there is no substantial evidence the project will have a significant effect on the
environment.
PCRESONO. 6671 -2-
5. 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.
4 Conditions:
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
5 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
o 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 Zone Change.
11 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
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
13 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
15 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 Zone Change, (b) City's
25 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
2" and operation of the facility permitted hereby, 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
28 been concluded and continues even if the City's approval is not validated.
PCRESONO. 6671 -3-
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7. This approval is granted subject to the approval of the Mitigated Negative Declaration
and GPA 09-08 and is subject to all conditions contained in Planning Commission
Resolutions No. 6669 and 6670 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:
STEPHEN "HAP" L'HEUREUX, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PCRESONO. 6671 -4-
Exhibit "X"
September 1, 2010
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A ZONE CHANGE TO
3 CHANGE THE ZONING FROM R-1 TO R-1 AND OS ON
PROPERTY GENERALLY LOCATED SOUTH OF EL FUERTE
4 STREET AND NORTH OF CACATUA STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 6
5 CASE NAME: EL FUERTE VIEW
CASE NO.: ZC 09-09
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The City Council of the City of Carlsbad, California, does hereby resolve as
7 follows:
8 SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the
9 zoning map, is amended as shown on the map marked Exhibit "ZC 09-09," dated August 4,
10 2010, attached hereto and made a part hereof.
11 SECTION II: That the findings and conditions of the Planning Commission as set
12 forth in Planning Commission Resolution No. 6671 shall also constitute the findings and
1 3 conditions of the City Council.
14 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
15 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
1" published at least once in a publication of general circulation in the City of Carlsbad within
1 71' fifteen days after its adoption.
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Exhibit "X"
September 1, 2010
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 ABSTAIN:
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10 APPROVED AS TO FORM AND LEGALITY
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RONALD R. BALL, City Attorney
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15 CLAUDE A. LEWIS, Mayor
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ATTEST:
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19 LORRAINE M. WOOD, City Clerk
20 (SEAL)
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Exhibit "ZC 09-09'
August 04, 2010
ZC 09-09 El Furte View
EXISTING
PROPOSED
Related Case File No(s): GPA 09-08 / CT 04-13 / HDP 04-06 /HMP 09-10
Zoning Designation Changes
Property
A. J215-370-28
From:
R-1
To:
R-1 and OS