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HomeMy WebLinkAbout2012-10-17; Planning Commission; Resolution 6912 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENTS TO THE LAND USE ELEMENT AND THE OFFICIAL OPEN SPACE AND CONSERVATION MAP OF THE GENERAL PLAN AND THE ROBERTSON RANCH MASTER PLAN ON PROPERTY GENERALLY LOCATED NORTH OF EL CAMINO REAL, SOUTH OF TAMARACK AVENUE AND NORTHWEST OF CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 14. CASE NAME: ROBERTSON RANCH WEST VILLAGE CASE NO: GPA 11-07/MP 02-03(C) WHEREAS, Rancho Costera, LLC, “Developer and Owner,” has filed a verified application with the City of Carlsbad regarding property described as All that portion of Lots “E” and “I” of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof No. 823, filed in the Office of the County Recorder of said San Diego County, November 16, 1896; Except therefrom that portion thereof described in Deed to the City of Carlsbad recorded August 14, 2008 as File No. 2008- 0435947; or Also except therefrom that portion thereof described in Deed to the City of Carlsbad recorded May 11, 2009 as File No. 2009-0247694 (“the Property”); and WHEREAS, said verified application constitutes a request for a General Plan Amendment and Master Plan Amendment as shown on Exhibit GPA 11-07 dated October 17, 2012, attached hereto and MP 02-03(C) on file in the Carlsbad Planning Division, ROBERTSON RANCH WEST VILLAGE GPA 11-07 AND MP 02-03(C), as provided in Government Code Section 65350 et. seq., Section 21.52.150, and Section 21.38.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on October 17, 2012, hold a duly noticed public hearing as prescribed by law to consider said request; and PLANNING COMMISSION RESOLUTION NO. 6912 PC RESO NO. 6912 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 General Plan Amendment and Master Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of ROBERTSON RANCH WEST VILLAGE – GPA 11-07 AND MP 02-03(C), based on the following findings: Findings: 1. 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 (Program), the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Division, prior to RECOMMENDING ADOPTION of the project; and b. the Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 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 environment. General Plan Amendment 2. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan and Robertson Ranch Master Plan based on the facts set forth in the staff report dated October 17, 2012 including, but not limited to the following: that the proposed General Plan Land Use designation changes reflect revised Master Plan Planning Area boundaries and include Residential Low-Medium Density (RLM, 0-4 du/ac), Residential Medium Density (RM, 4-6 du/ac), Residential High Density (RH, 15-23 du/ac), Open Space (OS), Local Commercial (L), and Community Facilities (CF) which are, as established by the adoption of the Robertson Ranch Master Plan, compatible with the surrounding land uses; that the General Plan Amendment results in a net increase in Open Space PC RESO NO. 6912 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 land use, a reduction in RM land use, and an increase in CF land use. The adjustments to the planning areas established by the Robertson Ranch Master Plan and proposed General Plan Amendment does not affect the overall residential density of that plan in that no increase in allowed residential unit development is authorized. 3. That the proposed open space area: a. is greater than the area depicted on the Official Open Space and Conservation Map, in that the proposed boundaries will increase the acreage designated as OS in Robertson Ranch West Village from approximately 72.01 acres to 77.42 acres (Lots 2, 10, and 12 ); and b. is of environmental quality equal to or greater than that depicted on the Official Open Space and Conservation Map in that the open space adjustment will eliminate the RM land use designation of Planning Area 1, replace a portion of Planning Area 1 as Community Facility, and designate the remainder as Open Space; and c. is contiguous or within close proximity to open space as shown on the Official Open Space and Conservation Map, in that the proposed amendment will change and increase the acreage of open space with the Robertson Ranch West Village project boundary by approximately 5.41 acres. The additional open space is contiguous with existing open space. Master Plan Amendment 4. That all necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the Capital Improvement Program applicable to the subject property, in that all necessary infrastructure required to support the buildout of the Robertson Ranch West Village has been identified and will be provided concurrently with the buildout of the project. 5. That the residential and open space portions of the planned community will constitute an environment of sustained desirability and stability, and that it will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as schools, playgrounds, and parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereof, in that Planning Areas within the Robertson Ranch West Village will cumulatively provide a variety of housing types, recreation facilities, retail services, and habitat preservation. 6. That the proposed commercial use will be appropriate in area, location, and overall design to the purpose intended, that the design and development standards are such as to create an environment of sustained desirability and stability, and that such development will meet performance standards established by Title 21, in that development of a retail center within close proximity to residential neighborhoods promotes sustainability and the use of alternate modes of transportation to access the center. PC RESO NO. 6912 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. Recreational, and other similar nonresidential uses, are proposed, and surrounding areas are protected by the Master Plan from any adverse effects from such uses, in that the non-residential uses are located within the central core of the master plan and will therefore not have adverse edge effects. 8. That the streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon, in that all streets are designed to City of Carlsbad Engineering standards. 9. That the proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities of the types needed at such location proposed, in that the commercial services intended for the Robertson Ranch West Village Planning Area 11 are local in nature to serve the daily needs of immediate residential neighborhoods. 10. That the area surrounding the Master Plan area is planned and zoned in coordination and substantial compatibility with the Master Plan area, in that the residential neighborhoods adjoining the master plan are of a similar type and density as proposed in the master plan and that surrounding neighborhoods are linked by a pedestrian trail system allowing and promoting access to the master plan commercial center. 11. That appropriate measures are proposed to mitigate any adverse environmental impact as noted in the adopted Environmental Impact Report for the project, in that development of the West Village is subject to the mitigation measures imposed with the Certified Environmental Impact Report for the Robertson Ranch Master Pan and Mitigation Monitoring and Reporting Program. 12. 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 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 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 or a successor in interest by the City’s approval of this General Plan Amendment and Master Plan Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment/Master Plan Amendment documents, as necessary to make them internally consistent and in conformity with the PC RESO NO. 6912 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 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 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 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. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 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/Master Plan Amendment, (b) City’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, 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 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. 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and is subject to all conditions contained in Planning Commission Resolution No. 6911 for that other approval incorporated herein by reference. 7. Developer shall implement, or cause the implementation of, the Robertson Ranch Master Plan Final Environmental Impact Report Mitigation Monitoring and Reporting Program. 8. Developer shall implement, or cause the implementation of, the ROBERTSON RANCH WEST VILLAGE - GPA 11-07, MP 02-03(C), CT 11-01, HDP 11-01, SUP 11-02, and HMP 11-03 project Mitigation Monitoring and Reporting Program. 9. Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner a digital copy and a camera-ready master copy of the ROBERTSON RANCH MASTER PLAN MP 02-03(C), in addition to the required number of bound copies. Engineering: 10. On future discretionary permits for each subsequent planning area within this Master Plan, the Developer shall provide public road and public utility OS L RLM L RM RH O ECF RM RM RLM RLM RLM RM OS OS RLM RHRM OS RM OS OS OS RM OS AMBERWOOD CT LISA STCINDY AV CANNON RDEL CAMINO REAL TAMAR A C K A V S O U T H AMPTON RDALANDER C T WIND TRAIL WYP ONTIA C DR BUCK RIDGE AV CREST VIEW DRP A R K D R EUCALYPTUS LNKELLY DRGLEN AVFOUR PEAKS STLA M B ETH CT REGENT RD RMCFCF OSRMRH RLM OS RLM L OS GLEN AVAMBERWOOD CT LISA STCINDY AV CANNON RDDON M ATA D R EL CAMINO REAL COVENTRY RDTAMAR A C K A V S O U T H AMPTON RDALANDER C T P ONTIA C DR BUCK RIDGE AV CREST VIEW DRDON RICARDO DR NORTH FORK AV CHANCERY CT P A R K D R WIND TRAIL WYEUCALYPTUS LN SIE R R A M O R E N A AV KELLY DRMILANO DRVIA MARTAFOUR PEAKS STLA M BETH C T ESSEX C T REGENT RD GPA 11-07 Robertson Ranch West Village October 17, 2012Exhibit "GPA 11-07" EXISTING PROPOSED From:To:A. 208-101-38-00 OS OSB. 208-010-39-00 E/OS OSC. 208-101-41-00 RLM/RM/RH/CF/E/L/OS RLM/RM/RH/CF/L/OSD. 212-040-69-00 E/OS RM/OS Related Case File No(s): MP 02-03(C) / CT 11-01 / HDP 11-01 / SUP 11-02 / HMP 11-03General Plan Land Use Designation ChangesProperty