HomeMy WebLinkAbout2011-10-19; Planning Commission; Resolution 68281 PLANNING COMMISSION RESOLUTION NO. 6828
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
3 APPROVAL OF AN AMENDMENT TO THE LOCAL
4 FACILITIES MANAGEMENT PLAN FOR ZONE 15 TO
CHANGE THE DESIGNATIONS FROM RESIDENTIAL LOW-
5 MEDIUM DENSITY TO RESIDENTIAL MEDIUM DENSITY
AND OPEN SPACE ON PROPERTY GENERALLY LOCATED
6 NORTH OF SUNNY CREEK ROAD, SOUTH OF CANNON
ROAD, EAST OF EL CAMINO REAL AND WEST OF THE
7 FUTURE EXTENSION OF COLLEGE BOULEVARD REACH
8 "A"'CASE NAME: DOS COLINAS
9 CASE NO.: LFMP 15(E)
10 WHEREAS, West Living R/E, LLC, "Owner/Developer," has filed a verified
application with the City of Carlsbad which has been referred to the Planning Commission; and
12 WHEREAS, said application constitutes a request for a Local Facilities
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Management Plan Amendment for Zone 15 (dated October 19, 2011, on file in the Planning
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Department) and incorporated by this reference (collectively referred to as the "Local Facilities
1fi Management Plan Amendments"), as provided in Section 21.90.125 of the Carlsbad Municipal
17 Code; and
18 WHEREAS, the Planning Commission did, on the October 19, 2011, hold a duly
'" noticed public hearing as prescribed by law to consider said request; and
20 WHEREAS, at said public hearing, 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 factors
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relating to the Local Facilities Management Plan for Zone 15.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
25 Commission of the City of Carlsbad as follows:
26 A) That the above recitations are true and correct.
27 B) That based on the evidence presented at the public hearing, the
Commission RECOMMENDS APPROVAL of an amendment for Local28
1 Facilities Management Plan - Zone 15, based on the following findings
and subject to the following conditions:
_ Findings:
4 1. That the Local Facilities Management Plan Amendment for Zone 15 is consistent with
Chapter 21.90 of the Carlsbad Municipal Code (Growth Management), and with the
5 Citywide Facilities and Improvement Plan, in that it contains all matters required by
Section 21.90.110 and thereby ensures implementation of and consistency with the
" General Plan and to protect the public health, safety, and welfare by ensuring that public
facilities and improvements will be installed to serve new development prior to or
concurrently with need.
8 2. The Planning Commission of the City of Carlsbad does hereby find:
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a. it has reviewed, analyzed and considered the Final Environmental Impact Report,
10 EIR 09-01, for DOS COLINAS and the environmental impacts therein identified for
this project; the CEQA Findings; and the Mitigation Monitoring and Reporting
1 ] Program prior to RECOMMENDING APPROVAL of EIR 09-01;
12 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
14 the City of Carlsbad;
j5 c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
d. based on Final EIR 09-01 and comments thereon, the Planning Commission, finds
17 that there is no substantial evidence the project will have a significant effect on the
environment.
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3. The Planning Commission has reviewed each of the exactions imposed on the Developer
1" 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.
Conditions:
22 1. Approval is granted for an amendment to Local Facilities Management Plan - Zone 15 as
23 contained in the Plan titled Local Facilities Management Plan Zone 15, dated October
19, 2011, on file in the Planning Department, and incorporated herein by reference. The
24 amended Zone 15 Local Facilities Management Plan, dated October 19, 2011, shall
replace in its entirety, LFMP 15(C) dated December 7, 2004.
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2. The project shall comply with all conditions and mitigation measures which are required
as part of the Zone 15 Local Facilities Management Plan Amendment (LFMP 15E) prior
27 to the issuance of building permits or as more specifically defined pursuant to LFMP
15(E).
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PC RESO NO. 6828 -2-
1 3. This approval is granted subject to the certification of EIR 09-01 and the approval of
GPA 09-02 and ZC 09-02 and is subject to all conditions contained in Planning
2 Commission Resolutions No. 6825, 6826, and 6827 for those other approvals
- incorporated herein by reference.
4 4. Developer shall implement, or cause the implementation of the DOS COLIN AS EIR 09-
01 Mitigation Monitoring and Reporting Program.
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5. Prior to the issuance of any permits for the project, the applicant shall submit to the
" Planning Director a digital copy and a camera-ready master copy of the Local
Facilities Management Plan Amendment (LFMP 15(E)), in addition to the required
number of bound copies.
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6. Prior to the issuance of any permits for the project, the applicant shall adjust the
9 exhibits and tables associated with LFMP 15(E) to reflect the 1.21-acre Open Space
lot proposed in association with the Dos Colinas project. The modifications shall be
10 to the satisfaction of the Planning Director.
Engineering
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7. Prior to issuance of a Grading Permit, Developer shall apply for and receive
13 approval of a Conditional Letter of Map Revision (CLOMR) from the Federal
Emergency Management Agency (FEMA) related to the proposed College
Boulevard bridge encroachments within the existing regulatory floodplain. Proof of
. - CLOMR approval shall be provided to the satisfaction of the city engineer.
16 8. Upon completion of College Boulevard bridge and prior to final occupancy for any
new development within Zone 15, Developer shall submit, process and receive
17 approval of a Letter of Map Revision (LOMR) to document, with FEMA, the work
has been accomplished. Proof of LOMR approval shall be provided to the
1 ° satisfaction of the city engineer.
19 9. Prior to issuance of a Grading Permit, Developer shall process and obtain approval
20 from the Federal Emergency Management Agency (FEMA) a Conditional Letter of
Map Revision (CLOMR) regarding the modifications to flood inundation limits
21 associated with constructing Basin 'BJ' just east of the intersection of College Blvd
and Cannon Road.
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10. Upon completion of Basin 'BJ' and prior to final occupancy for any new
development within Zone 15, Developer shall submit, process and receive approval
24 of a Letter of Map Revision (LOMR) to document, with FEMA, the work has been
accomplished. Proof of LOMR approval shall be provided to the satisfaction of the
25 city engineer.
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PC RESO NO. 6828 -3-
PASSED AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad on October 19, 2011, by the following vote, to wit:
AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
4 Schumacher, Scully and Siekmann
5 NOES:
6 ABSENT:
7 ABSTAIN:
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10 STEPHEN "HAP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
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14 DONNEU
Planning Director
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PC RESO NO. 6828 -4-