HomeMy WebLinkAbout2016-12-07; Planning Commission; Resolution 7175
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMENDMENT TO THE LAND USE AND COMMUNITY DESIGN ELEMENT OF
THE GENERAL PLAN FROM PLANNED INDUSTRIAL TO LOCAL SHOPPING
CENTER AND R-23 RESIDENTIAL AND RECOMMENDING APPROVAL OF A
MASTER PLAN AMENDMENT (178(I)) AND LOCAL FACILITIES
MANAGEMENT PLAN AMENDMENT (LFMP 17(A)) ON PROPERTY
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF PALOMAR
AIRPORT ROAD AND EL FUERTE STREET, NORTH OF GATEWAY ROAD, AND
EAST OF COLT PLACE AND LOCATED WITHIN THE SOUTHEAST QUADRANT
OF THE CITY WITHIN LOCAL FACILITIES MANAGEMENT ZONE 17.
CASE NAME: UPTOWN BRESSI
CASE NO: GPA 14-04/MP 178(I)/LFMP 87-17(A)
WHEREAS, SP Acquisition, LLC, “Developer,” has filed a verified application with the City
of Carlsbad regarding property owned by HCP LS Carlsbad, LLC, “Owner,” described as
Lots 29 through 32 of Carlsbad Tract Map CT 02-15 Bressi Ranch, in the
City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 14960, filed in the Office of the County Recorder of San
Diego County, February 4, 2005
(“the Property”); and
WHEREAS, said verified application constitutes a request for a General Plan Amendment,
Master Plan Amendment and Local Facilities Management Plan as shown on Exhibits “GPA 14-04” dated
December 7, 2016, attached hereto, and MP 178(I) and LFMP 87-17(A) Amendment (dated March, 2016)
on file in the Carlsbad Planning Division, UPTOWN BRESSI - GPA 14-04/MP 178(I)/LFMP 87-17(A), as
provided in Government Code Section 65350 et. seq. and Section 21.52.150, Section 21.38.050 and
Section 21.90.125 of the Carlsbad Municipal Code; and
WHEREAS, the proposed Master Plan – MP 178(I) is set forth and attached in the draft
City Council Ordinance, Exhibit “X” dated, December 7, 2016, and attached hereto as BRESSI RANCH
MASTER PLAN– MP 178(I); and
WHEREAS, the Planning Commission did, on December 7, 2016, hold a duly noticed public
hearing as prescribed by law to consider said request; and
PLANNING COMMISSION RESOLUTION NO. 7175
PC RESO NO. 7175 -2-
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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, Master Plan Amendment and Local Facilities Management 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 UPTOWN BRESSI – GPA 14-04/MP 178(I)/LFMP 87-17(A),
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 15-01, 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 15-01, the CEQA Findings, the Program and the Statement have been prepared
in accordance with requirements of the California Environmental Quality 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
2. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City’s General Plan and Bressi Ranch Master Plan, based on the facts set forth
in the staff report dated December 7, 2016 including, but not limited to the following: The project
will develop an infill site that is currently designated for planned industrial uses. The project
would introduce new land uses to replace the existing planned industrial use with residential
(R-23) and commercial (C-L) uses, and implements and establishes consistency with the
requirements and policies of the Land Use and Community Design and Housing Elements. The
project would expand the City’s affordable housing stock to assist the City in meeting its
Regional Housing Needs Assessment and provide a variety of commercial goods and services to
the community. The site is compatible with the adjacent and existing commercial, industrial,
and residential uses to the south, east and west are similar and existing uses found to be
consistent with each within the Bressi Ranch Master Plan. The circulation system for the
proposed project would connect to the existing circulation system developed in conjunction
with the Master Plan development. The main commercial entry to the project site is at the
intersection of Gateway Road and Finnila Place, which also accesses the Bressi Ranch Village
Center, will be signalized. The existing Bressi Ranch Master Plan preserves approximately 191
acres (33 percent) of the Master Plan area in open space. None of these open space areas
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overlap with the project site, which is currently proposed for planned industrial development.
In accordance with the adopted HMP, the project would not alter the existing preservation
strategy for the Bressi Ranch Master Plan, which already permanently preserves and protects a
majority of the sensitive habitats in the Master Plan development.
3. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated March 4, 2010, in that an avigation easement has been
previously recorded on the property. The project is compatible with the projected noise levels
of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed
land use is compatible with the airport in that on November 23, 2015, the ALUC determined
that the proposed project is consistent with the McClellan-Palomar ALUCP as the project site is
outside the 60 dBA noise contour, the proposed residential and commercial uses are compatible
uses in Safety Zone 6, the project is compliant with airspace protection surfaces, and the
avigation easement serves as notification to future residents of aircraft overflight.
City Council Policy No. 43 – Excess Dwelling Unit Bank
4. That the location and density of the site to be allocated excess dwelling units per City Council
Policy 43 is compatible with existing adjacent residential neighborhoods and nearby existing
and proposed commercial uses in that the site is within close proximity to neighborhood
services (shopping, employment, parks, schools, etc.); is not located in areas that contain
significant natural or manmade hazards; and is adjacent to or near properties with similar
densities.
5. That the location and density of the site to be allocated excess dwelling units is compatible with
existing adjacent residential neighborhoods and nearby existing and proposed commercial uses
in that the site is within close proximity to neighborhood services (shopping, employment,
parks, schools, etc.); is not located in areas that contain significant natural or manmade hazards;
and is adjacent to or near properties with similar densities.
Master Plan Amendment
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 Bressi Ranch Master Plan has been identified in the Bressi Ranch Master Plan and the LFMZ
17 plan and will be provided concurrently with the buildout of the project. The project Local
Facilities Management Plan Amendment includes an analysis of public facilities needed to
support the project and the project has been conditioned to provide the necessary
improvements concurrent with development.
7. That the residential 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 the new Planning
Area 16 within the Bressi Ranch Master Plan will provide additional housing in the form of a
high density land use that adds to the diversity of housing types within the Plan in close
proximity to commercial services, employment areas and major transportation corridor
(Palomar Airport Road) and is compatible with the existing commercial, office, hotel and high
density affordable housing.
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8. That the proposed commercial uses 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 the commercial component of the project
is adjacent to existing commercial development and is centrally located with pedestrian paths
to serve the Bressi Ranch and surrounding communities, and that the project meets the
development standards.
9. That the streets and thoroughfares proposed are suitable and adequate to carry the anticipated
traffic thereon, in that all required roadway improvements are per the recommendations of the
traffic impact analysis report prepared by Urban Systems Associates, the Local Facilities
Management Plan Zone 17, EIR 15-01, and as established by the General Plan.
10. That any 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 an extensive commercial study was prepared and the Uptown Bressi site was
identified as a desirable location for commercial services to satisfy the needs of the greater
Carlsbad residents. There is sufficient desire for additional restaurants and food options based
on Sales Tax Capture and Gap Analysis reports for the City of Carlsbad in these commercial
categories. The retail vacancy rate city wide remains very low (3%) which supports greater
demand for retail space and indicates a need for options in the primary and secondary market
areas.
11. That appropriate measures are proposed to mitigate any adverse environmental impact as noted
in the adopted Environmental Impact Report for the project as listed in the Candidate Findings of
Fact and Mitigation Monitoring and reporting program.
Local Facilities Management Plan Amendment
12. That the Local Facilities Management Plan for Zone 17 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. Under the proposed project, the
Zone 17 LFMP would be amended to allow an additional 125 units for a total of 748 units and
91,164 square feet of commercial for a non-residential (commercial and industrial) total of
2,519,514 square feet. The project site is located in the southeast quadrant of the City.
According to the City’s Housing Element (2013-2021), the southeast quadrant of the City has
661 remaining future housing units. These units are in addition to units allocated to vacant
residentially designated land use properties. Therefore, the proposed project’s 125 residential
units do not exceed the southeast quadrant’s remaining future unit limits established by the
Growth Management Plan and Proposition E. There are adequate units in the Excess Dwelling
Unit Bank (352) for the allocation of 125 dwelling units for the land use change from Planned
Industrial to R-23.
13. 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.
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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,
Master Plan Amendment and Local Facilities Management 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 and Local Facilities
Management 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 shall implement, or cause the implementation of, the Uptown Bressi Project Mitigation
Monitoring and Reporting Program.
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, Master Plan Amendment
and Local Facilities Management 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.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
8. This approval is granted subject to certification of EIR 15-01 and is subject to all conditions
contained in Planning Commission Resolution No. 7174 incorporated herein by reference.
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9. Approval is granted for an amendment to Local Facilities Management Plan - Zone 17 as contained
in the Plan titled Local Facilities Management Plan Zone 17, dated July 2016, on file in the Planning
Division, and incorporated herein by reference. The amended Zone 17 Local Facilities
Management Plan, dated July 2016 shall replace in its entirety the Zone 17 LFMP dated July 9,
2002.
10. Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner
a digital copy in a format acceptable to the City (Word format) and a PDF of the Bressi Ranch
Master Plan Amendment - MP 178(I) and Local Facilities Management Plan Zone 17(A), in
addition to 5 bound copies of each.
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GPA 14-04 Uptown Bressi
December 7, 2016Exhibit "GPA 14-04"
EXISTING
PROPOSED
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R-23
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LR-15
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R-23
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From:To:A. 213-262-06-00 PI R-23/LB. 213-262-07-00 PI R-23C. 213-262-08-00 PI R-23/LD. 213-262-09-00 PI L
Related Case File No(s): EIR 15-01 / LFMP 87-17(A) / MP 178(I) / CT 14-09 / PUD 14-10 / SDP 14-13 / SDP 16-06 / CUP 14-09 / CUP 16-01General Plan Land Use Designation ChangesProperty
Exhibit “X” December 7, 2016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AMENDMENT TO THE BRESSI
RANCH MASTER PLAN, MP 178(I) FOR PROPERTY GENERALLY
LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT
ROAD AND EL FUERTE STREET, NORTH OF GATEWAY ROAD, AND
EAST OF COLT PLACE AND LOCATED WITHIN THE SOUTHEAST
QUADRANT OF THE CITY WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 17.
CASE NAME: UPTOWN BRESSI
CASE NO.: MP 178(I)
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the City Council approved the Bressi Ranch Master Plan MP 178 on
July 23, 2002 by adopting Ordinance No. NS-635; and
WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a
Master Plan Amendment (MP 178(I)) for the Uptown Bressi project; and
WHEREAS, after procedures in accordance with the requirements of law, the City
Council has determined that the public interest indicates that said Master Plan Amendment MP
178(I) be approved.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows that:
1. The above recitations are true and correct.
2. That Master Plan Amendment MP 178(I) dated July, 2016 incorporated herein
by reference, is approved. The Master Plan shall constitute the development plan for the
property and all development within the plan area shall conform to the plan.
3. That Master Plan Amendment (MP 178(I)) reorganizes and amends the Bressi
Ranch Master Plan, as shown on the attached “Exhibit MP 178(I)”. Removal of text is presented in a
strikethrough type format, while new additional text is shown in underline type format.
4. That the findings and conditions of the Planning Commission in Planning
Commission Resolution No. 7175 shall also constitute the findings and conditions of the City
Council.
ORDINANCE NO. _______
-2-
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 , 2016, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 2016, 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