HomeMy WebLinkAbout2014-02-05; Planning Commission; Resolution 7034
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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 TO RELOCATE THE ONE ACRE OPEN
SPACE PLANNING AREA APPROXIMATELY 500 FEET TO THE WEST 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 13-02/MP 02-03(E)
WHEREAS, Rancho Costera, LLC, “Developer/Owner,” has filed a verified application
with the City of Carlsbad regarding property described as
Parcel 1 of Certificate of Compliance for Adjustment Plat No. CE 12-14
recorded November 13, 2012 as Document No. 2013-0706271
(“the Property”); and
WHEREAS, said verified application constitutes a request for a General Plan Amendment
and Master Plan Amendment as shown on Exhibits “GPA 13-02 and MP 02-03(E)” dated February 5,
2014, attached hereto and on file in the Carlsbad Planning Division, ROBERTSON RANCH WEST VILLAGE
– GPA 13-02 AND MP 02-03(E), 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 February 5, 2014, 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 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 13-02 and MP
02-03(E), based on the following findings:
PLANNING COMMISSION RESOLUTION NO. 7034
PC RESO NO. 7034 -2-
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Findings:
1. The City Planner has determined that:
a. the project is a:
(1) subsequent activity of a project for which a program EIR was prepared, and a
notice for the activity has been given, which includes statements that this activity
is within the scope of the program approved earlier, and that the program EIR
adequately describes the activity for the purposes of CEQA) [15168( c)(2) and (e)];
and
(2) project for which a Mitigated Negative Declaration was previously adopted
[15162].
b. this project is consistent with the project cited above;
c. EIR 03-03 was certified November 2006 for the Robertson Ranch Master Plan and a
Mitigated Negative Declaration was adopted in December 2012 in connection with an
amendment for the Robertson Ranch Master Plan;
d. the project has no new significant environmental effect not analyzed as significant in the
prior EIR or Mitigated Negative Declaration; and
e. none of the circumstances requiring a Subsequent EIR or Mitigated Negative
Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163
exist.
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 February 5, 2014 including, but not limited to the following: that
the proposed General Plan Land Use designation change reflects the relocation of a one acre
Open Space (OS) Planning Area (PA4) approximately 500 feet to the west, which is, as
established by the adoption of the Robertson Ranch Master Plan, compatible with the
surrounding land uses; that the General Plan Amendment has no change in the amount of
Open Space land use. The adjustment to the planning area established by the Robertson
Ranch Master Plan and proposed General Plan Amendment results in Open Space more
conveniently located to Planning Areas 3, 6, and 7.
3. That the proposed open space area:
a. is equal to the area depicted on the Official Open Space and Conservation Map, in that
the request is merely to relocate the one acre Open Space Planning Area; 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 being relocated is from one
disturbed and graded area to another; and
PC RESO NO. 7034 -3-
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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 the
location of Planning Area 4 to the west by approximately 500 feet.
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. 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 and in an isolated planning area adjacent
to El Camino Real and Open Space of the master plan and recreational uses are provided
integrally with the individual residential neighborhoods as a neighborhood amenity and will
therefore not have adverse edge effects.
7. 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.
8. 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.
9. That appropriate measures are proposed to mitigate any adverse environmental impact as
noted in the adopted Environmental Impact Report and Mitigated Negative Declaration 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 (EIR 03-
03) and Mitigation Monitoring and Reporting Program as well as the Mitigated Negative
Declaration adopted for MP 02-03(C).
10. 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.
. . .
. . .
PC RESO NO. 7034 -4-
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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 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. Developer shall implement, or cause the implementation of, the Robertson Ranch Master Plan
Final Environmental Impact Report Mitigation Monitoring and Reporting Program.
7. 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 Mitigated
Negative Declaration and project Mitigation Monitoring and Reporting Program.
8. 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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on February 5, 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
NEIL BLACK, Chairperson
Chairperson Black, Commissioners Anderson, L'Heureux, Schumacher,
Scully, Segall and Siekmann
CARLSBAD PLANNING COMMISSION
DON NEU
City Planner
PC RESO NO. 7034 -5-
EXHIBIT X
February 5, 2014
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING MASTER PLAN
AMENDMENT MP 02-03(E) TO MODIFY THE LOCATION OF
PLANNING AREA 4, WITHIN THE PREVIOUSLY APPROVED
ROBERTSON RANCH MASTER PLAN FOR THE WEST VILLAGE ON
201.37 ACRES OF LAND LOCATED NORTH OF EL CAMINO REAL
SOUTH OF TAMARACK AVENUE AND WEST OF CANNON ROAD
IN LOCAL FACILITIES MANAGEMENT ZONE 14.
CASE NAME: ROBERTSON RANCH WEST VILLAGE
CASE NO.: MP 02-03(E)
WHEREAS, the City Council of the City of Carlsbad, California, has reviewed and
considered a Master Plan to guide the development of Residential, Commercial, Community
Facilities, and Open Space development for properties located within the Robertson Ranch
Master Plan area so that they can be regulated by proposed Master Plan 02-03, and
WHEREAS, said application constitutes a request for a Master Plan Amendment
consistent with Chapter 21.38 of the Municipal Code as shown on Exhibit “MP 02-03(E),”
incorporated herein by reference; and
WHEREAS, the City Council of the City of Carlsbad, California, has reviewed and
considered a Master Plan Amendment (MP 02-03(E); and
WHEREAS, after procedures in accordance with the requirements of law, the City
of Carlsbad has determined that the public interest indicates that said Master Plan Amendment
be approved.
NOW, THEREFORE, The City Council of the City of Carlsbad, California, does ordain
as follows:
SECTION I: That Master Plan MP 02-03(E), on file in the Planning Division, and
incorporated herein by reference, is adopted. The Robertson Ranch Master Plan (MP 02-03(E))
shall constitute the development plan for the property and all development within the plan area
shall conform to the plan.
ORDINANCE NO.
EXHIBIT X
February 5, 2014
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SECTION II: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 7034 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 , 2014, and thereafter.
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EXHIBIT X
February 5, 2014
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
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GPA 13-02 Robertson Ranch West Village
February 5, 2014
Exhibit "GPA 13-02"
EXISTING
PROPOSED