HomeMy WebLinkAbout2011-10-19; Planning Commission; Resolution 68271 PLANNING COMMISSION RESOLUTION NO. 6827
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM LIMITED
4 CONTROL (L-C) TO RESIDENTIAL DENSITY-MULTIPLE
, (RD-M), RESIDENTIAL MOBILE HOME PARK (RMHP) AND
OPEN SPACE (OS) ON A 46-ACRE PARCEL GENERALLY
6 LOCATED NORTH OF SUNNY CREEK ROAD, SOUTH OF
CANNON ROAD, EAST OF EL CAMINO REAL AND WEST
7 OF THE FUTURE EXTENSION OF COLLEGE BOULEVARD
REACH "A", IN LOCAL FACILITIES MANAGEMENT ZONE
8 15.
9 CASE NAME: DOS COLINAS
CASE NO: ZC 09-02
10 .
WHEREAS, West Living R/E, LLC, "Owner/Developer," has filed a verified
11
application with the City of Carlsbad regarding property described as:
13 That portion of Lot "B" of Rancho Agua Hedionda in the
County of San Diego, State of California, According to Map
14 thereof No. 823, filed in the Office of the County Recorder of
San Diego County, November 16,1896
.,- ("the property"); and
17 WHEREAS, said application constitutes a request for a Zone Change as shown
18 on Exhibit "ZC 09-02" dated October 19, 2011, attached hereto and on file in the Planning
19 Department, DOS COLINAS - ZC 09-02, as provided by Chapter 21.52 of the Carlsbad
20 Municipal Code; and
21
WHEREAS, the proposed Zone Change is set forth in the draft City Council
22
Ordinance, EXHIBIT "X" dated October 19, 2011, and attached hereto DOS COLINAS - ZC
24 09-02; and
25 WHEREAS, the Planning Commission did on October 19, 2011, hold a duly
2" noticed public hearing as prescribed by law to consider said request; and
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 Zone Change.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission as follows:
3
A) That the foregoing recitations are true and correct.
4
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of DOS COLINAS - ZC 09-02, based on the
6 following findings and subject to the following conditions:
7 Findings:
o
1. That the proposed Zone Change from Limited Control (L-C) to Residential Density-
9 Multiple (RD-M), Residential Mobile Home Park (RMHP), and Open Space (OS) is
consistent with the goals and policies of the various elements of the General Plan, in that
10 the RD-M, RMHP and OS zoning designations replace the L-C Zone (which is
intended to be an interim zoning designation), and implement the proposed
Residential Medium (4-8 du/ac) and OS General Plan Land Use designations.
12 2. That the Zone Change will provide consistency between the General Plan and Zoning as
13 mandated by California state law and the City of Carlsbad General Plan Land Use
Element, in that the zoning designations shown on Exhibit "ZC 09-02" attached
14 hereto, implement the General Plan Land Use designations of RM and OS.
That the Zone Change is consistent with the public convenience, necessity, and general
I s welfare, and is consistent with sound planning principles in that the residential and open
space uses allowed by the proposed zone change are compatible with the adjacent
17 and future residential and open space uses.
18 4. The Planning Commission of the City of Carlsbad does hereby find:
19 a. it has reviewed, analyzed and considered the Final Environmental Impact Report,
20 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 City of Carlsbad Planning Commission;
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. 6827 -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.
Conditions:
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
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.
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.
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 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
22 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,
24 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
25 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 approval is not validated.
27 6. This approval is granted subject to the certification of EIR 09-01 and the approval of
28 GPA 09-02, and is subject to all conditions contained in Planning Commission
Resolutions No. 6825 and 6826 for those other approvals incorporated herein by
reference.
PC RESO NO. 6827 -3-
1 7. Developer shall implement, or cause the implementation of the DOS COLINAS EIR 09-
2 01 Mitigation Monitoring and Reporting Program.
3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on October 19, 2011, by the following vote, to wit:
5
5 AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
Schumacher, Scully and Siekmann
7
NOES:8
9 ABSENT:
10 ABSTAIN:
11
12
13
14 STEPHEN "HAP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
15
16 ATTEST:
17
18 n
DON NEU19Planning Director
20
21
22
23
24
25
26
27
28
PC RESO NO. 6827 -4-
Exhibit "X"
October 19, 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 09-02)
4 ON THREE LOTS FROM LIMITED CONTROL (L-C) AND OPEN
SPACE (OS) TO RESIDENTIAL DENSITY-MULTIPLE (RD-M),
5 RESIDENTIAL MOBILE HOME PARK (RMHP) AND OPEN
SPACE (OS) ON A 46-ACRE PROPERTY GENERALLY
6 LOCATED NORTH OF SUNNY CREEK ROAD, SOUTH OF
CANNON ROAD, EAST OF EL CAMINO REAL, AND WEST OF
7 THE FUTURE EXTENSION OF COLLEGE BOULEVARD REACH
"A", IN LOCAL FACILITIES MANAGEMENT ZONE 15.
8 CASE NAME: DOS COLINAS
CASE NO.: ZC 09-02
9
WHEREAS, the City Council did on the day of hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, said application constitutes a request for a Zone Change as shown
on Exhibit "ZC 09-02 - DOS COLINAS," dated October 19, 2011, attached hereto and made a13
part hereof; and1.4
WHEREAS at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said City Council considered all16
factors relating to the ZC 09-02 - Dos Colinas.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as1 o
follows:
19 SECTION I: That section 21.50.030 of the Carlsbad Municipal Code, being the
20 zoning map, is amended as shown on the map marked "ZC 09-02 - Dos Colinas," dated
21 October 19, 2011, attached hereto and made a part hereof.
22 SECTION II: That the findings and conditions of the Planning Commission in
23 Planning Commission Resolution No. 6827 shall also constitute the findings and conditions of
24 the City Council.
25
26 '"
27 "I
28
1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
2 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
3 published at least once in a publication of general circulation in the City of Carlsbad within
4 fifteen days after its adoption.
5 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
6 Council on the day of 2011, and thereafter.
7 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
8 Carlsbad on the day of 2011, by the following vote, to wit:
9 AYES:
10 NOES:
ABSENT:
12 ABSTAIN:
13
14 APPROVED AS TO FORM AND LEGALITY
15
16 RONALD R. BALL, City Attorney
17
18
MATT HALL, Mayor
20 ATTEST:
21
22 LORRAINE M. WOOD, City Clerk
23 (SEAL)
24N
25
26
27
28
-2-
Exhibit "ZC 09-02'
October 19, 2011
ZC 09-02
DRAFT
Dos Colinas
RD-M OS
i . r R-1-0.5Q
7 %
os-
L-c
EXISTING
PROPOSED
Related Case File No(s): EIR 09-01 / GPA 09-02 / LFMP 15 (E) / RMHP 96-01(0) /
CUP 09-02 / SDP 09-02 / HDP 09-02 / HMP 09-02 / SUP 09-02
Zoning Designation Changes
Property
A.
B.
C.
209-060-70-00
From:
L-C
To:
RMHP/RD-M/OS