HomeMy WebLinkAbout2011-07-20; Planning Commission; Resolution 67811 PLANNING COMMISSION RESOLUTION NO. 6781
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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 OPEN SPACE (OS) ON A 3.49 ACRE PROPERTY
GENERALLY LOCATED NORTH OF RANCHO CARLSBAD
7 ESTATES AND CALAVERA CREEK, SOUTH OF CANNON
ROAD, EAST OF ROBERTSON RANCH PA 22, AND WEST
8 OF ROBERTSON RANCH PA 23F IN LOCAL FACILITIES
9 MANAGEMENT ZONE 14.
CASE NAME: RANCHO CARLSBAD OPTION PARCEL
10 CASE NO: GPA10-05
1 1 WHEREAS, on March 3, 2010, the Planning Commission adopted PC Resolution
12 No. 6679 approving a Resolution of Intention (ROI 09-01) recommending that the City Council
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direct the Planning Director to consider a General Plan Amendment, from RLM to OS for a 3.49
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acre parcel (Lot 3 of CT 09-01) known as the Rancho Carlsbad Option Parcel; and
16 WHEREAS, on November 9, 2010, the City Council adopted City Council
17 Resolution No. 2010-252 directing the Planning Director to initiate a General Plan Amendment,
18 from RLM to OS for a 3.49 acre parcel (Lot 3 of CT 09-01) known as the Rancho Carlsbad
19 Option Parcel; and
20 WHEREAS, said verified application constitutes a request for a General Plan
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Amendment as shown on Exhibit "GPA 10-05" dated July 20, 2011, attached hereto and on file
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23 in the Carlsbad Planning Department, RANCHO CARLSBAD OPTION PARCEL - GPA 10-
24 05, as provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the
25 Carlsbad Municipal Code; and
26 WHEREAS, the Planning Commission did, on July 20, 2011, hold a duly noticed
27 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 General Plan Amendment.
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5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
5 Commission of the City of Carlsbad, as follows:
7 A) That the above recitations are true and correct.
o B) That based on the evidence presented at the public hearing, the Commission
9 RECOMMENDS APPROVAL of RANCHO CARLSBAD OPTION
PARCEL - GPA 10-05, based on the following findings:
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Findings:
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1. The Planning Commission finds that the project is in conformance with the Elements of
the City's General Plan based on the facts set forth in the staff report dated July 20, 2011
13 including, but not limited to the following: that the proposed change in General Plan
Land Use designation from Residential Low-Medium (RLM) to Open Space (OS)
14 would reflect the actual land uses as all of the allowable residential density
originally allocated to this property was previously allocated to other planning areas
' -* within the East Village of Robertson Ranch through the Master Plan process, and
,g would ensure that the 3.49 acre parcel remain undeveloped as desired by the
Rancho Carlsbad Estates Community. The proposed OS Land Use designation will
17 be consistent with the proposed OS Zone and the OS Land Use designation is
compatible with surrounding residential mobile home park, office and residential
18 uses.
2. The Planning Commission of the City of Carlsbad does hereby find:
20 The proposed amendments are exempt from environmental review pursuant to CEQA
21 Section 15061(b)(3), which exempts projects "where it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
22 environment." Changing the General Plan Land Use and Zone designations, from
Residential Low-Medium (RLM) and Residential Mobile Home Park (RMHP)
respectively, to Open Space (OS) will not result in a significant effect on the
24 environment.
25 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
26 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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PCRESONO. 6781 -2-
Conditions:
2 If any of the following conditions fail to occur, or if they are, by their terms, to be
3 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
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
6 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
7 or a successor in interest by the City's approval of this General Plan Amendment.
o 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
o 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.
10 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.
13 4. If any condition for construction of any public improvements or facilities, or the payment
14 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
Section 66020. If any such condition is determined to be invalid, this approval shall be
, f invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
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5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
18 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
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
2Q 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
21 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
22 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
24 approval is not validated.
25 6. This approval is granted subject to the approval of ZC 10-01 and is subject to all
conditions contained in Planning Commission Resolution No. 6782 for this other
" approval incorporated herein by reference.
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PCRESONO. 6781 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 20, 2011, by the following vote, to
wit:
AYES:
NOES:
Vice Chairperson Schumacher, Commissioners Arnold, Black,
Nygaard, Scully and Siekmann
ABSENT: Chairperson L'Heureux
ABSTAIN:
MICHAEL SCHUMACHER, Vice ChairpersorT
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PCRESONO. 6781 -4-
Exhibit "GPA 10-05"
July 20, 2011
GPA 10-05 Rancho Carlsbad Option Parcel
srRH-an
EXISTING
PROPOSED
Related Case File No(s): ZC 10-01 / ROI 09-01
General Plan Land Use Designation Changes
Property
A.
B.
C.
168-360-13-00
From:
RLM
To:
OS