HomeMy WebLinkAbout2015-06-03; Planning Commission; Resolution 7103
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF: 1) AN
AMENDMENT TO THE LAND USE ELEMENT AND THE OPEN SPACE AND
CONSERVATION ELEMENT OF THE GENERAL PLAN TO CHANGE THE
GENERAL PLAN LAND USE DESIGNATION FOR PARCEL A (1.0 ACRES)
FROM RESIDENTIAL LOW-MEDIUM DENSITY (RLM) TO OPEN SPACE (OS)
AND PARCEL C (8.81 ACRES) FROM RESIDENTIAL LOW-MEDIUM DENSITY
(RLM) AND OPEN SPACE (OS) TO OPEN SPACE (OS) AND 2) A ZONE
CHANGE FOR PARCEL A (1.0 ACRES), PARCEL B (0.84 ACRES) AND
PARCEL C (8.81 ACRES) FROM LIMITED CONTROL (L-C) TO OPEN SPACE
(OS) ON A 17.44-ACRE SITE (16.43 NET ACRES) LOCATED NORTH OF THE
INTERSECTION OF COLLEGE BOULEVARD AND SUNNY CREEK ROAD AND
SOUTH OF THE INTERSECTION OF CANNON ROAD AND COLLEGE
BOULEVARD, WITHIN LOCAL FACILITIES MANAGEMENT ZONE 15.
CASE NAME: COLLEGE BOULEVARD MITIGATION
CASE NO.: GPA 14-02/ZC 14-01
WHEREAS, WP Golf & Equestrian, “Owner,” and Bent-West LLC, “Applicant,” has filed a
verified application with the City of Carlsbad regarding property described as
Northern Parcel, APN 209-060-71
That portion of Lot ‘B’ of Rancho Agua Hedionda in the County of San
Diego, State of California, according to the map thereof, filed in the
Office of the County Recorder of San Diego County, November 16,
1896.
Said parcel being described as Parcel A of Certificate of Compliance
recorded March 27, 2007 as instrument No. 2007-0205890 of official
records.
Southern Parcel, APN 209-060-72
That portion of Lot ‘B’ of Rancho Agua Hedionda in the County of San
Diego, State of California, according to the map thereof No. 823, filed
in the Office of the County Recorder of San Diego County, November
16, 1896.
Said parcel being described as Parcel D of Certificate of Compliance
recorded September 13, 2007 as instrument No. 2007-0603110 of
official records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a General Plan
Amendment and Zone Change as shown on Exhibits “GPA 14-02” and “ZC 14-01” dated June 3, 2015,
attached hereto and on file in the Carlsbad Planning Division, COLLEGE BOULEVARD MITIGATION –
GPA 14-02/ZC 14-01, as provided in Government Code Section 65350 et. seq. and Section 21.52.150 of
the Carlsbad Municipal Code and as provided by Chapter 21.52 of the Carlsbad Municipal Code,
respectively; and
PLANNING COMMISSION RESOLUTION NO. 7103
PC RESO NO. 7103 -2-
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WHEREAS, the proposed Zone Change is set forth in the draft City Council Ordinance,
EXHIBIT “X” dated June 3, 2015, and attached hereto COLLEGE BOULEVARD MITIGATION – ZC 14-01;
and
WHEREAS, the Planning Commission did on June 3, 2015, 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 Zone Change.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of COLLEGE BOULEVARD MITIGATION – GPA 14-02/ZC 14-
01, based on the following findings, and subject to the following conditions:
Findings:
General Plan Amendment, GPA 14-02
1. The Planning Commission finds that the project is in conformance with the Elements of the
City’s General Plan based on the facts set forth in the staff report dated June 3, 2015 including,
but not limited to the following:
a. Land Use– in that the proposed habitat mitigation project creates and permanently
preserves 8.81 acres (Parcel C) of sensitive wetland, riparian and upland habitat adjacent
to Agua Hedionda Creek. Proposed Parcel C will be permanently preserved as open space
through a biological conservation easement. In addition, consistent with the
requirements of the Habitat Management Plan (HMP), the area will be converted from a
Proposed Standards to a Hardline Area. Proposed Parcels A and B will also be designated
as Open Space. Parcel A will be designated as OS and used as a garden area in the future.
Parcel B will developed with a bio-retention basin and also designated as OS. In total,
10.65 acres is proposed to be designated as OS, which will contribute to the enhancement
and image of Carlsbad as an open-space oriented community.
b. Open Space – in that the proposed habitat mitigation project entails the creation of
sensitive wetland, riparian and upland habitat adjacent to Agua Hedionda Creek which
will be permanently preserved. The mitigation project will enhance the overall biological
value of the area adjacent to the creek and will assist with maintaining a functional
wildlife corridor and habitat linkage along Agua Hedionda Creek. In addition, a total of
5.21 acres of the project site is currently designated as OS in the General Plan and a total
PC RESO NO. 7103 -3-
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of 10.65 acres is proposed to be re-designated to OS as part of the General Plan
Amendment. Thus, a net gain of 5.44 acres of OS-designated property is proposed.
Zone Change, ZC 14-01
2. That the proposed Zone Change from Limited Control (L-C) to Open Space (OS) for Parcels A, B
and C is consistent with the goals and policies of the various elements of the General Plan, in
that the OS zoning designation replaces the L-C zoning designation, which is intended to be
an interim zone, and implements the Open Space (OS) General Plan Land Use designation.
The O-S designation allows for the sensitive habitat on Parcel C to be permanently preserved
and managed through a conservation easement and also allows for a future garden on Parcel
A and a bio-retention basin on Parcel B.
3. 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 zone designations shown on Exhibit “ZC 14-01” attached hereto implements the Open
Space (OS) General Plan Land Use designation.
4. That the Zone Change is consistent with the public convenience, necessity, and general welfare,
and is consistent with sound planning principles in that the open space uses allowed by the
proposed zone change are compatible with the adjacent and future residential, community
facility and open space uses.
California Environmental Quality Act
5. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program and Addendum for COLLEGE
BOULEVARD MITIGATION – GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-
02/MS 14-10, the potential environmental impacts therein identified for this project
and any comments thereon prior to RECOMMENDING APPROVAL of the project; and
b. the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and
Addendum has 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. it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
d. based on the EIA and comments thereon, there is no substantial evidence the project
will have a significant effect on the environment.
General
6. 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. 7103 -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 Zone Change.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the General Plan Amendment and Zone Change 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 and Zone Change, (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,
Mitigation Monitoring and Reporting Program and Addendum, COLLEGE BOULEVARD
MITIGATION – HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10 and is subject to all conditions
contained in Planning Commission Resolutions No. 7102, 7104 and 7105 for those other
approvals incorporated herein by reference.
7. Developer shall implement, or cause the implementation of, the Mitigated Negative
Declaration, Mitigation Monitoring and Reporting Program, COLLEGE BOULEVARD
MITIGATION – GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10.
EXHIBIT “X”
June 3, 2015
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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 BY AN AMENDMENT TO THE ZONING MAP TO
GRANT A ZONE CHANGE FROM LIMITED CONTROL (L-C) TO OPEN
SPACE (OS) FOR PARCEL A (1.0 ACRES), PARCEL B (0.84 ACRES)
AND PARCEL C (8.81 ACRES) ON A 17.44-ACRE SITE (16.43 NET
ACRES) LOCATED NORTH OF THE INTERSECTION OF COLLEGE
BOULEVARD AND SUNNY CREEK ROAD AND SOUTH OF THE
INTERSECTION OF CANNON ROAD AND COLLEGE BOULEVARD,
WITHIN LOCAL FACILITIES MANAGEMENT ZONE 15.
CASE NAME: COLLEGE BOULEVARD MITIGATION
CASE NO.: ZC 14-01
The City Council of the City of Carlsbad, California, does ordain as follows:
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, said application constitutes a request for a Zone Change as shown on
Exhibit “ZC 14-01 – COLLEGE BOULEVARD MITIGATION,” dated June 3, 2015, attached hereto
and made a part hereof; 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 the “ZC 14-01 – COLLEGE BOULEVARD MITIGATION.”
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
follows:
SECTION I: That section 21.05.030 of the Carlsbad Municipal Code, being the
zoning map, is amended as shown on the map labeled “ZC 14-01 – COLLEGE BOULEVARD
MITIGATION,” dated June 3, 2015, attached hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 7103 shall also constitute the findings and conditions of
the City Council.
ORDINANCE NO.
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EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days
after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it
to be published at least once in a publication 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 2015, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2015, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
(SEAL)
COLLEGEBL(FUTURE)COLLEGEBL(FUTURE)GPA 14-02 College Boulevard Mitigation
June 3, 2015Exhibit "GPA 14-02"
EXISTING
PROPOSED
RLMOS
RH
RM
RLM
OS OS
OS
RLM
RLM
L RLM
RLM
OS
RH
RM
RLM
OS OS
OS
RLM
RLM
L RLM
RLM
From:To:A. 209-060-71 RLM/OS OSB. 209-060-72 RLM/OS RLM/OSC.
Related Case File No(s): ZC 14-01 / HDP 14-04 / SUP 14-03 / HMP 14-02 / MS 14-10General Plan Land Use Designation ChangesProperty
RLM
RM
RLM
OS
L
RLM
OS
RM
OS
Parcel A6.02 Ares
Parcel D10.41 Acres
COLLEGEBL(FUTURE)RM
RLM
OS
L
RLM
RM
OS
OS Parcel D5.78 Acres
Parcel C8.81 Acres
ParcelA1.0 Acre
ParcelB0.84 Acre
COLLEGEBL(FUTURE)Existing General Plan Land Use Proposed General Plan Land Use
COLLEGEBL(FUTURE)COLLEGEBL(FUTURE)ZC 14-01 College Boulevard Mitigation
June 3, 2015Exhibit "ZC 14-01"
EXISTING
PROPOSED
L-C
L-C
OS
L-C
RD-M R-1-0.5Q
C-L OSRD-M
L-C
L-C
OS
L-C
RD-M R-1-0.5Q
C-L OSRD-M
OS
From:To:A. 209-060-71 L-C OSB. 209-060-72 L-C L-C/OSC.
Related Case File No(s): GPA 14-02 / HDP 14-04 / SUP 14-03 / HMP 14-02 / MS 14-10Zoning Designation ChangesProperty
Parcel A6.02 Ares
Parcel D10.41 Acres
RD-M
L-C
L-C RD-M
C-L
OS
OS
L-CCOLLEGEBL(FUTURE)OS
Parcel D5.78 Acres
Parcel C8.81 Acres
ParcelA1.0 Acre
ParcelB0.84 Acre
L-C
L-C
RD-M
OS
L-C
OS
C-L
RD-MCOLLEGEBL (FUTURE)Existing Zoning Proposed Zoning