Loading...
HomeMy WebLinkAbout2014-02-05; Planning Commission; Resolution 7034 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 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- 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 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- 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 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- 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 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. 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 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 -1- 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 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 -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 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// EXHIBIT X February 5, 2014 -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 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 OS L RLM L RM RH O RMCF CF RM RLM RLM RLM RM OS OS RLM RHRM OS RM OS OS OS RM OS AM BER W O O D CT LISA STCINDY AV CANNON R DEL CAMINO REAL TAMARAC K A V SOUT H A M P TON R D ALANDER CT WIND TRAIL WYPONTI AC D R BUCK RIDGE AV CRESTV IEW DRPA R K DR EUCALYPTUS LNKELLY DRGLEN AVFOUR PEAKS STLAMBETH CT REGENT RD RMCFCFOSRMRH RLM OS RLM L OS AMBERWOOD CT LISA STCINDY AV CANNON R DDON M ATA DR EL CAMINO REAL COVENTRY R D SUMMERWIND PLTAMARAC K A V SOUT H A M P TON R D ALANDER CT TRIESTE DR PONTI AC D R BUCK RIDGE AV CRESTV IEW DRDON RICARDO DR NORTH FORK AVCHANCERY CT PA R K DR EUCALYPTUS LNSIERRA MORENA AV KELLY DRGLEN AVMILANO DRVIA MARTAFOUR PEAKS STLAMBETH CTE SSEX C T REGENT RD GPA 13-02 Robertson Ranch West Village February 5, 2014 Exhibit "GPA 13-02" EXISTING PROPOSED