HomeMy WebLinkAbout2011-10-19; Planning Commission; Resolution 68261 PLANNING COMMISSION RESOLUTION NO. 6826
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 OPEN SPACE AND CONSERVATION
, ELEMENTS OF THE GENERAL PLAN TO CHANGE THE
GENERAL PLAN LAND USE DESIGNATION FROM
6 RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC)
TO RESIDENTIAL MEDIUM DENSITY (RM, 4-8 DU/AC)
7 AND THE REDISTRIBUTION OF OPEN SPACE ON A 46-
ACRE PROPERTY GENERALLY LOCATED NORTH OF
8 SUNNY CREEK ROAD, SOUTH OF CANNON ROAD, EAST
9 OF EL CAMINO REAL AND WEST OF THE FUTURE
EXTENSION OF COLLEGE BOULEVARD REACH "A", IN
10 LOCAL FACILITIES MANAGEMENT ZONE 15.
CASE NAME: DOS COLINAS
11 CASE NO: GPA 09-02
12 WHEREAS, West Living R/E, LLC, "Owner/Developer," has filed a verified
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application with the City of Carlsbad regarding property described as
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That portion of Lot "B" of Rancho Agua Hedionda in the
County of San Diego, State of California, According to Map
16 thereof No. 823, filed in the Office of the County Recorder of
San Diego County, November 16,1896
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a General Plan
2Q Amendment as shown on Exhibit "GPA 09-02" dated October 19, 2011, attached hereto and on
21 file in the Carlsbad Planning Department, DOS COLINAS - GPA 09-02, as provided in
22 Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code;
23 ,and
24
WHEREAS, the Planning Commission did, on October 19, 2011, hold a duly
25
noticed public hearing as prescribed by law to consider said request; and26
27 WHEREAS, at said public hearing, upon hearing and considering all testimony
28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the General Plan Amendment.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad, as follows:
3
A) That the above recitations are true and correct.
4
c B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of DOS COLINAS - GPA 09-02, based on the
6 following findings and subject to the following conditions:
7 Findings:
o 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 October 19,
2011, including, but not limited to the following:
10
a. Land Use/Open Space - in that the proposed change in General Plan Land Use
designation from Residential Low-Medium Density (RLM, 0-4 du/ac) and Open
Space to Residential Medium (RM, 4-8 du/ac) for Lots 1 and 2 and Residential
Low-Medium Density (RLM, 0-4 du/ac) to Open Space (OS) for Lot 3 of MS 09-
] 3 04 will allow for the development of a senior professional care facility, relocation
of an RV storage lot and garden for Rancho Carlsbad, and the long-term
14 preservation of sensitive upland habitat. Each of these uses is consistent with
and appropriate for the RM and OS General Plan Land Use designations. The
proposed facility will be privately-gated and will provide the elderly with a sense
, f of community. In addition, a shuttle service will be provided to address the daily
needs of the residents;
17
b. Open Space & Conservation - in that the project proposes to preserve 1.21 acres
18 of sensitive upland habitat as permanent open space and is consistent with the
city's Habitat Management Plan. In addition, the proposal to re-designate an
existing 0.50 acres of Open Space characterized as Extensive Agriculture and
Eucalyptus Woodland to RM will be replaced by an open space parcel 1.21 acres
in size which is superior in biological value and contains sensitive upland habitat
21 (i.e. primarily Diegan coastal sage scrub, Disturbed Diegan coastal sage scrub
and Extensive Agriculture). In addition, the new open space parcel will also be
22 contiguous to existing open space as shown on the Official Open Space and
Conservation Map;
~. c. Housing - in that the project provides a wide range of housing types for seniors
including detached cottages, independent apartment-style living units, and
25 assisted living. In addition, the Dos Colinas project is required to either restrict
20 of the IL units on-site as lower income inclusionary units or 24 units offsite.
26 The city's Housing Policy Team has determined that income-restricting 20 units
on-site or purchasing 24 income-restricted units from another offsite combined
inclusionary housing project will contribute towards achieving the city's
2g Regional Housing Needs.
PC RESO NO. 6826 -2-
d. Circulation - in that the project proposes to construct the core improvements for
2 College Boulevard Reach "A", a major arterial road (including curbs, gutters
and sidewalk), to provide access to the development. In addition, the project's
3 internal circulation provides adequate access and complies with all applicable
city design standards; and4
,- e. Noise - in that the project proposes a noise attenuation wall along the project's
street frontage to mitigate traffic noise from College Boulevard. In addition, the
6 appropriate building materials will be required to ensure the interior noise
standard is met and the wall will be appropriately screened with landscaping;
7 and
o f. Public Safety - in that the proposed project includes the construction of an
9 emergency access driveway for Rancho Carlsbad Estates, which currently only
has a single means of ingress and egress on the property. The Dos Colinas
10 project also includes a number of fire hydrants and will be conditioned to ensure
that adequate fire facilities will be provided on-site.
2. That the proposed 1.21 -acre open space area:
13 a. is equal to or greater than the 0.50-acre area depicted on the Official Open Space and
Conservation Map; and
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b. is of environmental quality equal to or greater than that depicted on the Official Open
•* Space and Conservation Map; and
c. is contiguous or within close proximity to open space as shown on the Official Open
17 Space and Conservation Map.
18 3. The Planning Commission of the City of Carlsbad does hereby find:
19 a. it has reviewed, analyzed and considered the Final Environmental Impact Report,
2Q EIR 09-01, for DOS COLINAS and the environmental impacts therein identified for
this project; the CEQA Findings; and the Mitigation Monitoring and Reporting
21 Program prior to RECOMMENDING APPROVAL of EIR 09-01;
22 b. the Final Environmental Impact .Report, the CEQA Findings, and the Program
have been prepared in accordance with requirements of the California Environmental
Quality Act, the State EIR Guidelines and the Environmental Review Procedures of
24 the City of Carlsbad;
25 c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and26
27 d. based on Final EIR 09-01 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. 6826 -3-
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:
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
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.
14
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/Operator shall and does hereby agree to indemnify, protect, defend, and hold
21 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
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
24 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
25 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
27 approval is not validated.
28
PC RESO NO. 6826 -4-
6. This approval is granted subject to the certification of EIR 09-01 and the approval of ZC
2 09-02, and is subject to all conditions contained in Planning Commission Resolutions No.
6825 and 6827 for those other approvals incorporated herein by reference.
3
7. Developer shall implement, or cause the implementation of the DOS COLIN AS EIR 09-
01 Mitigation Monitoring and Reporting Program.
5 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
6
Commission of the City of Carlsbad, California, held on October 19, 2011, by the following
7
vote, to wit:
AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
Schumacher, Scully and Siekmann
10
NOES:
11
ABSENT:
13 ABSTAIN:
14
15
16
17 STEPHEN~"HAP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
18"
19 ATTEST:ix,20
21
DON NEU
22 Planning Director
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27
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PC RESO NO. 6826 -5-
Exhibit "GPA 09-02'
October 19, 2011
GPA 09-02
DRAFT
Dos Colinas
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(1.21/ac)
PROPOSED
Related Case File No(s): EIR 09-01 / ZC 09-02 / LFMP 15 (E) / RMHP 96-01 (D) /
CUP 09-02 / SDP 09-02 / HDP 09-02 / HMP 09-02 / SUP 09-02
General Plan Land Use Designation Changes
Property
A.
B.
C.
209-060-70-00
From:
RLM/OS
To:
RM/OS