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HomeMy WebLinkAbout2012-02-15; Planning Commission; Resolution 68615 ^ PLANNING COMMISSION RESOLUTION NO. 6861 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE MAP 4 AND OFFICIAL OPEN SPACE & CONSERVATION MAP OF THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNATIONS FROM RESIDENTIAL LOW-MEDIUM 6 DENSITY (RLM, 0-4 DU/AC), RESIDENTIAL HIGH DENSITY (RH, 15-23 DU/AC), OPEN SPACE (OS), COMMERCIAL (C), 7 AND OFFICE (O) TO RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) AND OPEN SPACE (OS) ON A 43.58 ACRE PROPERTY GENERALLY LOCATED 9 APPROXIMATELY ONE HALF-MILE NORTHEAST OF THE INTERSECTION OF COLLEGE BOULEVARD AND EL 10 CAMINO REAL, IN THE SUNNY CREEK SPECIFIC PLAN (SP 191) AND LOCAL FACILITIES MANAGEMENT ZONE 15. 11 CASE NAME: RANCHO MILAGRO j2 CASE NO: GPA 06-03 13 WHEREAS, Warren C. Lyall, "Developer," has filed a verified application with 14 the Cily of Carlsbad regarding property owned by Lyall Enterprises, Inc., "Owner," described 26 27 28 as: 15 16 Remainder Parcel "A" of Carlsbad Tract 96-02 according to 17 map thereof No. 11242, filed in the office of the County Recorder of San Diego County on October 27, 2000 all in the ^ S City of Carlsbad, County of San Diego, State of California, and "K" Street Remainder Parcels ofCarlsbad Tract 00-18 ("the Property"); and WHEREAS, said verified application constitutes a request for a General Plan 19 20 21 22 2^ Amendment as shown on Exhibit "GPA 06-03" dated February 15, 2012, attached hereto and 24 on file in the Carisbad Planning Division, RANCHO MILAGRO - GPA 06-03, as provided in 25 Govemment Code Section 65350 et. seq. and Section 21.52.150 ofthe Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on February 15, 2012, hold a duly noticed public hearing as prescribed by law to consider said request; and 16 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relafing to the General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Findings: 1 2 3 4 5 5 Coirunission of the City of Carlsbad, as follows: 7 A) That the above recitations are true and correct. B) That based on the evidence presented at the pubhc hearing, the Commission 9 RECOMMENDS APPROVAL of RANCHO MILAGRO - GPA 06-03, based on the following findings: 10 " 11 „ 1. The Planning Commission finds that the project, as condifioned herein, is in conformance with the Elements of the City's General Plan and Sunny Creek SpeciHc Plan (SP 191) based on the facts set forth in the staff report dated February 15, 2012 including, but not limited to the following: that the proposed change in General Plan 14 Land Use designations Residential Low-Medium Density (RLM, 0-4 du/ac), Residential High Density (RH, 15-23 du/ac). Open Space (OS), Commercial (C), and 15 Office (O) to Residential Low-Medium Density (RLM, 0-4 du/ac) and Open Space (OS) are compatible with the surrounding land uses; that the RLM General Plan Land Use designation implements the Sunny Creek Specific Plan (SP 191) densities 17 of 1-2 du/ac and minimum lot size requirements of a Yz-acre; and that the land use change to OS is based on environmental constraints of the property and is 18 environmentally appropriate for the site in that the habitat areas on Lots 20, 21, 23, and 24 will be included in an open space habitat preserve area whereby the Habitat 1^ Management Plan requires high-priority resource areas to be designated as Open 2Q Space at the time of development. 2j 2. That the proposed open space area: 22 a. is equal to or greater than the area depicted on the Official Open Space and Conservafion Map, in that the proposed boundaries will increase the acreage designated as OS in Rancho Milagro from approximately 16.30 acres to 29.3 2^ acres (Lots 20, 21, 23, and 24); and 25 b. is of environmental quality equal to or greater than that depicted on the Official Open Space and Conservation Map in that the opens space adjustment will eliminate the 26 RLM land use designation on the open space preserve areas and will preserve additional acres of open space within critical wUdlife habitat corridor; and 2g c. is configuous or within close proximity to open space as shown on the Official Open Space and Conservafion Map, in that the proposed amendment will change and increase the acreage of open space with the Rancho Milagro project boundary PC RESO NO. 6861 -2- ^ by approximately 13 acres. The additional open space is contiguous with 2 existing open space. 3 3. The Planning Commission of the City of Carlsbad does hereby find; 4 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and 5 Mitigation Monitoring and Reporting Program and Addendum for RANCHO MILAGRO - GPA 06-03, ZC 06-02, CT 06-04, SUP 06-05, HDP 06-01, and HMP 6 09-01, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Division, prior to 7 RECOMMENDING APPROVAL ofthe project; and b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting g Program and Addendum have been prepared in accordance with requirements of the Califomia Environmental Quality Act, the State Guidelines and the 10 Environmental Protection Procedures of the City of Carlsbad; and ' 1 c. they reflect the independent judgment of the Planning Commission of the City of j2 Carlsbad; and 13 d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substanfial evidence the project will have a significant effect on the 14 environment. 15 4. 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 to mitigate impacts caused by or reasonably related to the project, and the extent and the jy degree of the exaction is in rough proportionality to the impact caused by the project. 16 18 Conditions: 1^ 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 2Q 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 21 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or fiirther condition all certificates of occupancy 22 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 24 or a successor in interest by the City's approval of this General Plan Amendment. 25 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 26 them intemally consistent and in conformity with the final acfion on the project. Development shall occur substanfially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 23 27 28 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulafions in effect at the time of building permit issuance. PC RESO NO. 6861 -3- 4. If any condition for construction of any public improvements or facilities, or the payment 2 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 Govemment Code 3 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 4 with all requirements of law. ^ 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 6 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 7 and costs, including court costs and attomey's fees incurred by the City arising, directly or indirectiy, 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 g nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 10 including without limitafion, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 11 survives until all legal proceedings have been concluded and continues even if the City's J 2 approval is not validated. 13 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum and ZC 06-02 14 and is subject to all conditions contained in Planning Commission Resolutions No. 6860 ^ ^ and 6862 for those other approvals incorporated herein by reference. Ig 7. Developer shall implement, or cause the implementation of, the RANCHO MILAGRO - GPA 06-03, ZC 06-02, CT 06-04, SUP 06-05, HDP 06-01, and HMP 09-01 project 17 Mitigation Monitoring and Reporting Program and Addendum. 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6861 -4- 1 2 3 4 5 6 7 8 9 10 MICHAEL SCHUMACHER, Chairperson ] 3 CARLSBAD PLANNING COMMISSION PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on February 15, 2012, by the following vote, to wit: AYES: Chairperson Schumacher, Commissioners Amold, Black, L'Heureux, Nygaard, Scully and Siekmann NOES: ABSENT: ABSTAIN: ATTEST: 14 15 16 17 DON NEU 18 City Planner 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6861 -5- Exhibit "GPA 06-03' February 15, 2012 GPA 06-03 Rancho Milagro EXISTING PROPOSED Related Case File No(s): ZC 06-02 / CT 06-04 / SUP 06-05 / HDP 06-01 HMP 09-01 General Plan Land Use Designation Changes Property From: To: A. 209-060-61-00 RLM/RH/C/O/OS RLM/OS B. C.