HomeMy WebLinkAbout2012-02-15; Planning Commission; Resolution 686227
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WHEREAS, Warren C. Lyall, "Developer," has filed a verified application with
^ PLANNING COMMISSION RESOLUTION NO. 6862
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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), ONE-FAMILY RESIDENTIAL-20,000
SQUARE FOOT MINIMUM LOT SIZE (R-l-20,000), AND
OPEN SPACE (OS) TO ONE-FAMILY RESIDENTIAL-0.5
6 ACRE MINIMUM LOT SIZE-QUALIFIED DEVELOPMENT
OVERLAY (R-1-0.5-Q) AND OPEN SPACE (OS) ON
7 PROPERTY GENERALLY LOCATED APPROXIMATELY
ONE HALF-MILE NORTHEAST OF THE INTERSECTION OF
COLLEGE BOULEVARD AND EL CAMINO REAL, IN THE
g SUNNY CREEK SPECIFIC PLAN AREA (SP 191) AND
LOCAL FACILITIES MANAGEMENT ZONE 15.
10 CASE NAME: RANCHO MILAGRO
CASE NO: ZC 06-02
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J 3 the City of Carlsbad regarding property owned by Lyall Enterprises, Inc., "Owner," described
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^ ^ Remainder Parcel "A" of Carlsbad Tract 96-02 according to
map thereof No. 11242, filed in the office of the County
Recorder of San Diego County on October 27, 2000 all in the
17 City of Carlsbad, County of San Diego, State of California, and
18 "K" Street Remainder Parcels of Carlsbad Tract 00-18
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24 Municipal Code; and
25 WHEREAS, the proposed Zone Change is set forth in the draft City Council
26 Ordinance, EXHIBIT "X" dated February 15, 2012, and attached hereto as RANCHO
MILAGRO - ZC 06-02; and
WHEREAS, the Planning Commission did on February 15, 2012, hold a duly
noficed public hearing as prescribed by law to consider said request; and
("the property"); and
WHEREAS, said application constitutes a request for a Zone Change as shown
on Exhibit "ZC 06-02" dated February 15, 2012, attached hereto and on file in the Planning
Division, RANCHO MILAGRO - ZC 06-02, as provided by Chapter 21.52 ofthe Carlsbad
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
relating to the Zone Change.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission as follows;
7 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
g RECOMMENDS APPROVAL of RANCHO MILAGRO - ZC 06-02, based
on the following findings and subject to the following condifions:
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Findings:
That the proposed Zone Change from L-C, R-1-20,000, and OS to R-1-0.5-Q and OS is
consistent with the goals and policies of the various elements of the General Plan, in that
13 the R-1-0.5-Q and OS zoning designations replaces the L-C zone (which is intended
to be an interim zoning designation), and implements the proposed Residential Low-
14 Medium Density (RLM, 0-4 du/ac) and Open Space (OS) General Plan Land Use
designations respectively and Specific Plan 191.
2. That the Zone Change will provide consistency between the General Plan and Zoning as
mandated by Califomia state law and the City of Carlsbad General Plan Land Use
17 Element, in that the zoning designations shown on Exhibit "ZC 06-02" attached
hereto, implement the General Plan Land Use designations of RLM and OS.
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That the Zone Change is consistent with the public convenience, necessity, and general
welfare, and is consistent with sound planning principles in that residential and open
2Q space uses allowed by the proposed zone change are compatible with the adjacent
and future residential and open space uses.
The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and Addendum for RANCHO
24 MILAGRO - GPA 06-03, ZC 06-02, CT 06-04, SUP 06-05, HDP 06-01, and HMP
09-01, the environmental impacts therein identified for this project and said
25 comments thereon, and the Program, on file in the Plarming Division, prior to
RECOMMENDING APPROVAL ofthe project; and
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2y b. the Mitigated Negafive Declarafion and Mitigation Monitoring and Reporting
Program and Addendum have been prepared in accordance with requirements of
28 the Califomia Environmental Quality Act, the State Guidehnes and the
Environmental Protecfion Procedures of the City of Carlsbad; and
PC RESO NO. 6862 -2-
* c. they reflect the independent judgment of the Planning Commission of the City of
2 Carlsbad; and
3 d. based on the EIA Part II and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on the
^ enviroimient.
^ 5. The Plarming Commission has reviewed each of the exactions imposed on the Developer
6 contained in this resolufion, 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
7 degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
10 implemented and maintained over time, if any of such condifions fail to be so
implemented and maintained according to their terms, the City shall have the right to
11 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 nofice of violation on the
13 property titie; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
14 or a successor in interest by the City's approval of this Zone Change.
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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.
^ ^ 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 intemally
consistent and in conformity with the final action on the project. Development shall
17 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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4. If any condition for constmction of any public improvements or facilities, or the payment
21 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
22 Section 66020. If any such condition is determined to be invalid, this approval shall be
2^ invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
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5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
25 harmless the City of Carlsbad, its Coiancil members, officers, employees, agents, and
representafives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attomey's fees incurred by the City arising, directly
2y or indirectly, from (a) City's approval and issuance of this Zone Change, (b) City's
approval or issuance of any permit or acfion, whether discrefionary or nondiscrefionary,
28 in coimection with the use contemplated herein, and (c) Developer/Operator's installation
and operation of the facility permitted hereby, including without limitafion, any and all
liabilities arising from the emission by the facility of electromagnefic fields or other
PC RESO NO. 6862 -3-
^ energy waves or emissions. This obligation survives until all legal proceedings have
2 been concluded and continues even if the City's approval is not validated.
3 6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and Addendum and GPA 06-03
4 and is subject to all conditions contained in Plarming Commission Resolutions No. 6860,
^ and 6861 for those other approvals incorporated herein by reference.
6 7. Developer shal! 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
7 Mitigation Monitoring and Reporting Program and Addendum.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on February 15, 2012, by the following vote, to wit: 9
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AYES: Chairperson Schumacher, Commissioners Amold, Black,
11 L'Heureux, Nygaard, Scully and Siekmann
NOES:
ABSENT:
ABSTAIN:
ATTEST:
18 MICHAEL SCHUMACHER, Chairperson
CARLSBAD PLANNING COMMISSION
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DON NEU
24 City Planner
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Exhibit "ZC 06-02'
February 15, 2012
ZC 06-02 Rancho Milagro
EXISTING
PROPOSED
Related Case File No(s): GPA 06-03 / 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 R-1-20000/O-S/L-C R-1-.5-Q/0-S
B.
C.
Exhibit "X"
February 15, 2012
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 06-02)
4 FROM LIMITED CONTROL (L-C). ONE-FAMILY RESIDENTIAL-
20.000 SQUARE FOOT MINIMUM LOT SIZE (R-1-20.000), AND
5 OPEN SPACE (OS) TO ONE-FAMILY RESIDENTlAL-0.5 ACRE
MINIMUM LOT SIZE-QUALIFIED DEVELOPMENT OVERLAY (R-
6 1-0.5-Q) AND OPEN SPACE (OS) ON PROPERTY GENERALLY
LOCATED APPROXIMATELY ONE HALF-MILE NORTHEAST
7 OF THE INTERSECTION OF COLLEGE BOULEVARD AND EL
CAMINO REAL, IN THE SUNNY CREEK SPECIFIC PLAN AREA
(SP 191) AND LOCAL FACIUTIES MANAGEMENT ZONE 15.
CASE NAME: RANCHO MILAGRO
9 CASENQ.: ZC 06-02
10 WHEREAS, the City Council did on the day of , hold a duly
11 noticed public hearing as prescribed by law to consider said request; and
12 WHEREAS, said application constitutes a request for a Zone Change as shown
13 on Exhibit "ZC 06-02 - Rancho Milagro," dated February 15, 2012. attached hereto and made a
1^ part hereof; and
1^ 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 all
factors relating to the ZC 06-02 - Rancho Milagro.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
SECTION 1: That section 21.50.030 of the Carlsbad Municipal Code, being the
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2j zoning map, is amended as shown on the map marked "ZC 06-02 - Rancho Milagro," dated
22 February 15, 2012. attached hereto and made a part hereof.
22 SECTION II: That the findings and conditions of the Planning Commission in
24 Planning Commission Resolution No. 6862 shall also constitute the findings and conditions of
25 the City Council.
2^ EFFECTIVE DATE: This ordinance shall be effective thirty days after its
27 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
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Exhibit "X"
February 15, 2012
1 published at least once in a publication of general circulation in the City of Carlsbad within
2 fifteen days after its adoption.
3 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
4 Council on the day of 2012, and thereafter.
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Exhibit "X"
February 15, 2012
1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
2 Carlsbad on the day of 2012, by the following vote, to wit:
3 AYES:
4 NOES:
5 ABSENT:
6 ABSTAIN:
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APPROVED AS TO FORM AND LEGALITY
10 RONALD R. BALL. City Attorney
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13 MATT HALL, Mayor
LORRAINE M. WOOD, City Clerk
(SEAL)
ATTEST:
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