HomeMy WebLinkAbout2013-03-06; Planning Commission; Resolution 6937
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENTS TO THE LAND USE, CIRCULATION AND OPEN SPACE AND CONSERVATION
ELEMENTS OF THE GENERAL PLAN AND A ZONE
CHANGE FROM INDUSTRIAL (M) AND R-1-10,000 TO
PLANNED COMMUNITY (PC) AND RECOMMENDING APPROVAL OF THE QUARRY CREEK MASTER PLAN (MP 10-01) AND THE LOCAL FACILITIES MANAGEMENT PLAN
ZONE 25 (LFMP 87-25) ON PROPERTY GENERALLY
LOCATED SOUTH OF HAYMAR DRIVE AND WEST OF
COLLEGE BOULEVARD IN THE NORTHEAST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT ZONE 25.
CASE NAME: QUARRY CREEK MASTER PLAN
CASE NO: GPA 11-09/ZC 11-04/MP 10-01/LFMP 87-25
WHEREAS, Quarry Creek Investors, LLC, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Hanson Aggregate Pacific
Southwest, Inc., “Owner,” described as
That portion 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 and also described as Assessor’s Parcel Number 167-040-11-00; and
That portion of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according to patent map thereof, recorded in Book 1, Page 150 of patents, filed in the Office of the County Recorder of said San Diego County, and also described as Assessor’s Parcel Number167-
040-21-00
(“the Property”); and
WHEREAS, said verified application constitutes a request for a General Plan
Amendment, Zone Change, Master Plan, and Local Facilities Management Plan as shown on
Exhibits GPA 11-09 and ZC 11-04 dated February 6, 2013, attached hereto, and MP 10-01
and LFMP 87-25 on file in the Carlsbad Planning Division, QUARRY CREEK MASTER
PLAN - GPA 11-09/ZC 11-04/MP 10-01/LFMP 87-25, as provided in Government Code
PLANNING COMMISSION RESOLUTION NO. 6937
PC RESO NO. 6937 -2-
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Section 65350 et. seq., Section 21.52.030, Section 21.38.050 and Section 21.90.125 of the
Carlsbad Municipal Code; and
WHEREAS, the proposed Master Plan – MP 10-01 is set forth and attached in
the draft City Council Ordinance, Exhibit “X” dated, February 6, 2013, and attached hereto as
QUARRY CREEK MASTER PLAN– MP 10-01; and
WHEREAS, the proposed Zone Change – ZC 11-04 is set forth and attached in
the draft City Council Ordinance, Exhibit “Y” dated, February 6, 2013, and attached hereto as
QUARRY CREEK MASTER PLAN – ZC 11-04; and
WHEREAS, the Planning Commission did, on February 6, 2013, hold a duly
noticed public hearing as prescribed by law to consider said request; and
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, Zone Change, Master Plan, and Local Facilities
Management Zone Plan.
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 QUARRY CREEK MASTER PLAN –
GPA 11-09/ZC 11-04/MP 10-01/LFMP 87-25 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 Final EIR 11-02, the environmental impacts
therein identified for this project; the CEQA Findings; the Statement; and the
Program prior to RECOMMENDING APPROVAL of the project;
b. the Final EIR 11-02, the CEQA Findings, the Program and the Statement have been
prepared in accordance with requirements of the California Environmental Quality
PC RESO NO. 6937 -3-
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Act, the State EIR Guidelines and the Environmental Review Procedures of the City
of Carlsbad; and
c. they reflect the independent judgment of the City of Carlsbad Planning Commission. General Plan Amendment
1. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan and Quarry Creek Master Plan based on the facts set forth in the staff report dated February 6, 2013 including, but not limited to the following: that the proposed General Plan Land Use designation
changes reflect the Quarry Creek Master Plan Planning Area boundaries and
include Residential Medium High Density (RMH, 8-15 du/ac), Residential High
Density (RH, 15-23 du/ac), Open Space (OS), and Community Facilities (CF) which are, as established by the adoption of the Quarry Creek Master Plan, compatible with the surrounding land uses; the project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance in that the Quarry
Creek Master Plan implements Housing Policy 2.1 by providing for 300 dwelling
units at a minimum density of 20 units per acre and 200 dwelling units at minimum 12 units per acre; the project is consistent with the Land Use Community Facilities goal in that the project will provide 2.7 acres to community facility uses including a daycare site, a park and ride facility, and public trailhead/interpretive kiosk, the
project removes from the Circulation Element the portion of Marron Road not
constructed between the existing Marron Road in Carlsbad and Oceanside in that the roadway in not warranted and does not provide a traffic benefit and is not feasible due to the purchase of the Sherman property by the State of California and the creation of the Buena Vista Creek Ecological Reserve.
2. 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 the
Quarry Creek Master Plan area from approximately 44.1 acres to 92.5 acres (Lots 9, 11, 12, 13, 14, 15, 16 and 17 of CT 11-04); and b. is of environmental quality equal to or greater than that depicted on the Official Open
Space and Conservation Map in that the habitat types are increased in all
categories as identified in Table 2 of the staff report; 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 open space is contiguous with
existing open space of the Buena Vista Creek Ecological Reserve and open space
Core area 2 and Link A of the Habitat Management Plan.
Zone Change
3. That the proposed Zone Change from Industrial (M) and R-1-10,000 to Planned
Community (PC) is consistent with the goals and policies of the various elements of the
General Plan, in that the Quarry Creek Master Plan will guide the comprehensive
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planning and development of a large tract of land, that the Master Plan will implement the Housing Element Policy 2.1 to provide housing opportunities, the
project is consistent with the Land Use Community Facilities goal in that the project
will provide 2.7 acres to community facility uses including a daycare site, a park and ride facility, and public trailhead/interpretive kiosk, and that the Master Plan will designate property for Open Space purposes consistent with the HMP and Open Space and Conservation Element.
4. That the Zone Change will provide consistency between the General Plan and Zoning as
mandated by California state law and the City of Carlsbad General Plan Land Use Element, in that the Planned Community zoning will be implemented by the Quarry Creek Master Plan consistent with the General Plan policies.
5. That the Zone Change is consistent with the public convenience, necessity, and general
welfare, and is consistent with sound planning principles in that the Quarry Creek
Master Plan provides for a comprehensive development plan for the area to provide housing, community facilities, provide amenities to serve the future residents, ensure that public facilities are available and in place to serve the residents and to provide for and preserve open space for recreational uses and preservation.
Master Plan 6. 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 Quarry Creek Master Plan has been identified in the Quarry Creek Master Plan and the LFMZ 25 plan and will be provided concurrently with the buildout of the project.
7. 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 Quarry Creek Master Plan will
provide a variety of housing types, recreation facilities, public facilities, and habitat preservation.
8. 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 recreational uses are located within the central core of the property
and the public facility uses both are located away from the Buena Vista Creek riparian corridor and will therefore not have adverse edge effects.
9. 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.
PC RESO NO. 6937 -5-
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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 existing residential
neighborhoods and commercial uses adjoining the master plan are separated by
distance and elevation from the proposed residential, public facility, and open space uses thereby creating an adequate separation of uses.
11. That appropriate measures are proposed to mitigate any adverse environmental impact as
noted in the Final Environmental Impact Report for the project as listed in the Candidate
Findings of Fact and Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations is appropriate for all unavoidable adverse environmental impacts.
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.
Local Facilities Management Plan
13. That the Local Facilities Management Plan for Zone 25 is consistent with Chapter 21.90 of the Carlsbad Municipal Code (Growth Management), and with the 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 protects 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.
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, Zone
Change, Master Plan, and Local Facilities Management Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment, Zone Change, Master Plan, and
Local Facilities Management Plan and any documents, as necessary to make them
internally consistent and in conformity with the 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. Revise the text in the Quarry Creek Master Plan to require restricted affordable
housing for low income households (with incomes at a maximum of 80% of the San
Diego County Area Median Income, adjusted for household size) in a total number
PC RESO NO. 6937 -6-
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equal to fifteen percent (15%) of the total number of for-sale housing units and five percent (5%) of the total number of rental housing units constructed within the
Quarry Creek Master Plan area, with the total number of low income restricted
affordable dwelling units to be no less than sixty-five (65) under any circumstance. All of the required affordable housing shall be income and rent or price restricted for low income households for fifty-five (55) years as set forth within an Affordable Housing Agreement to be executed between the City and the developer and
recorded against the Quarry Creek Master Plan properties prior to approval of the
first final map to allow for sale of one or more lots within the Quarry Creek Master Plan Area; rental rates for the restricted low income affordable housing units shall not exceed a maximum of 30% of 70% of the San Diego County Area Median Income, including an allowance for tenant-paid utilities. The restricted affordable
units shall be built on a site within the Quarry Creek Master Plan area, and may be
integrated into any of the rental development within the area. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
5. 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. 6. 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, Zone Change, Master Plan, and Local Facilities Management Plan., (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.
7. This approval is granted subject to the certification of the Quarry Creek Master Plan EIR 11-02 and Mitigation Monitoring and Reporting Program and is subject to all conditions contained in Planning Commission Resolution No. 6936 for that other
approval incorporated herein by reference.
8. Developer shall implement, or cause the implementation of, the Quarry Creek Master Plan Final Environmental Impact Report Mitigation Monitoring and Reporting Program.
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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 QUARRY
CREEK MASTER PLAN MP 10-01 and LOCAL FACILITIES MANAGEMENT
PLAN ZONE 25 in addition to the required number of bound copies.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on March 6, 2013, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners Black, L'Heureux,
Montgomery, Schumacher, Scully and Segall
'hKs~~
KERRY K. SIEKMANN:c;I1ail1Jeison
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNED
City Planner
PC RESO NO. 6937 -7-
Exhibit "GPA 11-09"
February 6, 2013
GPA 11-09 Quarry Creek Master Plan
TRIO/OS
City of Oceanside ... /~~ /,, I ~; RLM 1
r ...._,----------•' I / RLM \
e>.s \ es I ---------~ I RLM
EXISTING
TR/0/0S
PROPOSED
Related Case File No(s): zc 11..()4
General Plan Land Use Designation Changes
Property From: To:
A. 167-040-21-00 RLM/OS RH/RMHICF/OS
B. 167-040-11-00 RLM/OS RMHICF/OS
Exhibit "GPA 11-09"
February 6, 2013
GPA 11-09 (Circulation Element)
EXISTING
PROPOSED
Circulation Element
---Existing Prime Arterial
---Existing Major Arterial
Quarry Creek Master Plan
--Existing Secondary Arterial
----Future Secondary Arterial
Exhibit “X” February 6, 2013
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE
QUARRY CREEK MASTER PLAN, MP 10-01 ON 156 ACRES GENERALLY LOCATED SOUTH OF HAYMAR ROAD AND WEST OF COLLEGE BOULEVARD IN THE
NORTHEAST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT ZONE 25. CASE NAME: QUARRY CREEK MASTER PLAN
CASE NO.: MP 10-01 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 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 MP 10-01 – QUARRY CREEK MASTER PLAN; and
WHEREAS, said application constitutes a request for a Master Plan as
shown on “Exhibit MP 10-01” dated February 6, 2013, incorporated by reference; and
WHEREAS, on February 6, 2013, the Carlsbad Planning Commission held
a duly noticed public hearing to consider the proposed Quarry Creek Master Plan (MP 10-
01) and adopted Planning Commission Resolution No. 6937 recommending approval of
MP 10-01.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain
as follows:
SECTION I: That the findings and conditions of the Planning Commission
in Planning Commission Resolution No. 6937 shall also constitute the findings and
conditions of the City Council.
SECTION II: That Master Plan MP 10-01 dated February 6, 2013,
attached and incorporated herein by reference is approved. The Quarry Creek Master
Plan shall constitute the development plan for the property and all development within the
plan area shall conform to the Pan.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text
ORDINANCE NO.
Exhibit “X” February 6, 2013
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of the ordinance or a summary of the ordinance prepared by the City Attorney to be
published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of , 2013, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Carlsbad on the day of , 2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
City Clerk
(SEAL)
Exhibit “Y” February 6, 2013
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION
21.05.030 OF THE CARLSBAD MUNICIPAL CODE (ZONING MAP) BY CHANGING THE ZONING FROM INDUSTRIAL (M) AND ONE FAMILY RESIDENTIAL,
10,000 SQUARE FOOT MINIMUM LOT SIZE (R-1-10,000) TO PLANNED COMMUNITY (PC) ON PROPERTY GENERALLY LOCATED SOUTH OF HAYMAR ROAD AND
WEST OF COLLEGE BOULEVARD IN THE NORTHEAST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT ZONE 25.
CASE NAME: QUARRY CREEK MASTER PLAN CASE NO.: ZC 11-04
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 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 ZC 11-04 – QUARRY CREEK MASTER PLAN.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain
as follows:
SECTION I: That section 21.50.030 of the Carlsbad Municipal Code, being
the zoning map, is amended as shown on the map marked “ZC 11-04 – QUARRY CREEK
MASTER PLAN,” dated February 6, 2013, attached hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission
in Planning Commission Resolution No. 6937 shall also constitute the findings and
conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text
of the ordinance or a summary of the ordinance prepared by the City Attorney to be
published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of , 2013, and thereafter.
ORDINANCE NO.
Exhibit “Y” February 6, 2013
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PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Carlsbad on the day of , 2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
City Clerk
(SEAL)
zc 11-04
Property
A. 167-040-21-00
B. 167-040-11-00
Exhibit "ZC 11-04"
February 6, 2013
Quarry Creek Master Plan
EXISTING
PROPOSED
Related Case File No(s): GPA 11.09
Zoning Designation Changes
From: To:
R-1-10,000/M P-C
R-1-10,000 P-C