HomeMy WebLinkAbout2011-07-20; Planning Commission; Resolution 67821 PLANNING COMMISSION RESOLUTION NO. 6782
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 OPEN SPACE (OS) ON A
r 3.49 ACRE PROPERTY GENERALLY LOCATED NORTH OF
RANCHO CARLSBAD ESTATES AND CALAVERA CREEK,
6 SOUTH OF CANNON ROAD, EAST OF ROBERTSON RANCH
PA 22, AND WEST OF ROBERTSON RANCH PA 23F IN
7 LOCAL FACILITIES MANAGEMENT ZONE 14.
CASE NAME: RANCHO CARLSBAD OPTION PARCEL
8 CASE NO: ZC 10-01
9 WHEREAS, on March 3, 2010, the Planning Commission adopted PC Resolution
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No. 6679 approving a Resolution of Intention (ROI 10-01) recommending that the City Council
direct the Planning Director to consider a Zone Change, from RMHP to OS for a 3.49 acre parcel
13 (Lot 3 of CT 09-01) known as the Rancho Carlsbad Option Parcel; and
14 WHEREAS, on November 9, 2010, the City Council adopted City Council
*5 Resolution No. 2010-252 directing the Planning Director to initiate a Zone Chance, from RMHP
to OS for a 3.49 acre parcel (Lot 3 of CT 09-01) known as the Rancho Carlsbad Option Parcel;
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and;
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WHEREAS, the proposed Zone Change is set forth in draft City Council
20 Ordinance, Exhibit "X," dated July 20, 2011 and attached hereto as RANCHO CARLSBAD
21 OPTION PARCEL - ZC 10-01; and
22 WHEREAS, the Planning Commission did, on July 20, 2011, hold a duly noticed
23 public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearings, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors26
27 relating to the Zone Change.
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 RANCHO CARLSBAD OPTION
PARCEL - ZC 10-01, based on the following findings:
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<- Findings:
5 1. That the proposed Zone Change from Residential Mobile Home Park (RMHP) to
Open Space (OS) on the 3.49 acre 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 RMHP to OS would reflect the actual land uses and ensure that the 3.49 parcel
remain undeveloped as desired by the Rancho Carlsbad Estates Community.
9 2. That the Zone Change will provide consistency between the General Plan and Zoning as
10 mandated by California State law and the City of Carlsbad General Plan Land Use
Element, in that the OS zone designation shown on Exhibit "ZC 10-01" attached
11 hereto, implements the General Plan Land Use designation of OS proposed on the
12 Site'
13 3. That the Zone Change is consistent with the public convenience, necessity, and general
welfare, and is consistent with sound planning principles in that proposed OS zone
14 designation is compatible with the adjacent existing and future residential mobile
home park, office and residential land uses.15
. s 4. The Planning Commission of the City of Carlsbad does hereby find:
17 The proposed amendments are exempt from environmental review pursuant to CEQA
Section 15061(b)(3), which exempts projects "where it can be seen with certainty that
18 there is no possibility that the activity in question may have a significant effect on the
environment." Changing the General Plan Land Use and Zone designations, from
19 Residential Low-Medium (RLM) and Residential Mobile Home Park (RMHP)
2Q respectively, to Open Space (OS) will not result in a significant effect on the
environment.
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5. The Planning Commission has reviewed each of the exactions imposed on the Developer
22 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
degree of the exaction is in rough proportionality to the impact caused by the project.
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Conditions:
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
2" implemented and maintained over time, if any of such conditions fail to be so
27 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
28 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
PC RESO NO. 6782 -2-
conditions or seek damages for their violation. No vested rights are gained by Developer
2 or a successor in interest by the City's approval of this Zone Change.
3 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
- 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
7 regulations in effect at the time of building permit issuance.
R 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
are challenged, this approval shall be suspended as provided in Government Code
10 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.
12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
14 . 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
* -* 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, including without limitation, any and all
17 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
18 been concluded and continues even if the City's approval is not validated.
19 6. This approval is granted subject to the approval of GPA 10-05 and is subject to all
20 conditions contained in Planning Commission Resolution No. 6781 for this other
approval incorporated herein by reference.
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PC RESO NO. 6782 -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:
f.
MICHAEL SCHUMACHER7Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
SLzk
DON NEU
Planning Director
PC RESO NO. 6782 -4-
Exhibit "X"
July 20, 2011
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, ZC 10-01,
4 FROM RESIDENTIAL MOBILE HOME PARK (RMHP) TO OPEN
SPACE (OS) ON A 3.49 ACRE PROPERTY GENERALLY
5 LOCATED NORTH OF RANCHO CARLSBAD ESTATES AND
CALAVERA CREEK, SOUTH OF CANNON ROAD, EAST OF
6 ROBERTSON RANCH PA 22, AND WEST OF ROBERTSON
RANCH PA 23F IN LOCAL FACILITIES MANAGEMENT ZONE
7 14.
CASE NAME: RANCHO CARLSBAD OPTION PARCEL
8 CASE NO.: ZC 10-01
9 The City Council of the City of Carlsbad, California, does hereby resolve as
10 follows or ordain as follows:
11 SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the
12 zoning map, is amended as shown on the map marked Exhibit "ZC 10-01," dated July 20, 2011,
13 attached hereto and made a part hereof.
14 SECTION II: That the findings and conditions of the Planning Commission as set
15 forth in Planning Commission Resolution No. 6782 constitute the findings and conditions of the
16 City Council.
EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days
1 8 after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to
19 be published at least once in a publication of general circulation in the City of Carlsbad within
20 fifteen days after its adoption.
21 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
22 Council on the day of 2011, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
2 Carlsbad on the day of 2011, by the following vote, to wit:
3 AYES:
4 NOES:
5 ABSENT:
6 ABSTAIN:
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APPROVED AS TO FORM AND LEGALITY
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10 RONALD R. BALL, City Attorney
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12 MATT HALL, Mayor
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ATTEST:14
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LORRAINE M. WOOD, City Clerk16
ly (SEAL)
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Exhibit "ZC 10-01"
July 20, 2011
ZC 10-01 Rancho Carlsbad Option Parcel
EXISTING
PROPOSED
Related Case File No(s): GPA 10-05 / ROI 09-01
Zoning Designation Changes
Property
A.
B.
C.
168-360-13-00
From:
RMHP
To:
OS