HomeMy WebLinkAbout2017-02-01; Planning Commission; Resolution 7225
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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
AND OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN
FROM R-4 RESIDENTIAL AND OPEN SPACE TO R-8 RESIDENTIAL AND OPEN
SPACE (OS) AND TO ADJUST BOUNDARIES OF OPEN SPACE; A ZONE
CHANGE FROM ONE FAMILY RESIDENTIAL (R-1) AND OPEN SPACE TO
RESIDENTIAL DENSITY-MULTIPLE (RD-M) AND OPEN SPACE; AND A LOCAL
COASTAL PROGRAM LAND USE AMENDMENT AND ZONE CHANGE TO
REFLECT THE PROPOSED GENERAL PLAN LAND USE AND ZONING FOR A
50.8-ACRE SITE AND 10-ACRE MITIGATION SITE LOCATED SOUTH OF
CASSIA ROAD, BETWEEN THE EXISTING WESTERN AND EASTERN
SEGMENTS OF POINSETTIA LANE, AND EAST OF AMBROSIA LANE WITHIN
THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL
FACILITIES MANAGEMENT ZONE 21.
CASE NAME: POINSETTIA 61
CASE NO: GPA 14-06/ZC 14-04/LCPA 14-06
WHEREAS, Lennar Homes of California, Inc., “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by 2010-1 RADC/CADC Property XII LLC, “Owner,”
described as
a Portion of the Southwest Quarter of the Southwest Quarter of Section
23 and a Portion of the Northwest Quarter of the Northwest Quarter of
Section 26, both of Township 12 South, Range 4 West, San Bernardino
Base and Meridian, in the County of San Diego, State of California,
according to Unites States Government Survey thereof
(“the Property”); and
WHEREAS, said verified application constitutes a request for a General Plan Amendment,
Zone Change, and Local Coastal Program Amendment as shown on Exhibits “GPA 14-06”, “ZC 14-04”,
and “LCPA 14-06” dated February 1, 2017, attached hereto and on file in the Carlsbad Planning Division,
POINSETTIA 61 – GPA 14-06/ZC 14-04/LCPA 14-06, as provided in Government Code Section 65350 et.
seq. and Chapter 21.52 of the Carlsbad Municipal Code; and
WHEREAS, the proposed Zone Change and Local Coastal Program Zone Change are set
forth in the draft City Council Ordinance, EXHIBIT “X” dated February 1, 2017, and attached hereto as ZC
14-04/LCPA 14-06 – POINSETTIA 61; and
PLANNING COMMISSION RESOLUTION NO. 7225
PC RESO NO. 7225 -2-
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WHEREAS, the Planning Commission did, on February 1, 2017, 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, and Local Coastal Program 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 POINSETTIA 61 – GPA 14-06/ZC 14-04/LCPA 14-06, 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 15-03, 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 15-03, 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, GPA 14-06
2. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City’s General Plan, based on the facts set forth in the staff report dated
February 1, 2017, including, but not limited to the following:
A. The project is consistent with the Land Use and Community Design Element in that it is
compatible with existing surrounding development and open space, and is in proximity
to nearby services. The change in land use to R-8 allows for a planned unit development
of detached single family condominiums that are clustered to maximize and preserve
open space areas around the development. The northern portion of the project site to
be developed with 123 detached single-family residential units is below the GMCP for
the existing land use designation and is consistent with the R-8 General Plan land use
designation. The project is consistent with the Housing Element and Inclusionary
Housing Ordinance because the project includes 15 on-site accessory dwelling units
attached to the main home, and the purchase of four affordable housing credits in the
southwest quadrant.
PC RESO NO. 7225 -3-
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B. The project is consistent with the Mobility Element in that it will complete the last
remaining section of Poinsettia Lane (“Reach E”) which is one of the City’s most
important transportation linkages. The completion of Poinsettia Lane will improve the
connectivity of existing residential communities located on both current termini of
Poinsettia Lane. With the completion of the Poinsettia Lane extension, the existing bike
lane on Poinsettia Lane will extend through the project and connect from Carlsbad
Boulevard to Melrose Drive. The main entry into the development will be via a full-
access intersection, and the design also includes secondary accesses to Poinsettia Lane.
The main internal streets and drive aisle will provide safe sidewalk access to Poinsettia
Lane. A trail will also be provided within the SDG&E easement extending south through
the project. Bus turnouts are provided within the project frontage on the eastbound
and westbound sides of Poinsettia Lane.
C. The project is consistent with the Noise Element in that the project’s traffic will not have
any significant noise impacts on off-site land uses, and the project’s perimeter walls will
preclude noise exceeding 60 dBA (the City’s CNEL exterior noise standard) in outdoor
active use areas. All on-site residential buildings/structures that are directly adjacent
to Poinsettia Lane will have mechanical ventilation systems to meet the 45 dBA CNEL
interior noise standard for noise-sensitive uses. The project site is located outside of
the 60 dBA CNEL noise contours generated by typical McClellan-Palomar Airport
operations. The homes will be located within the Airport Overflight Notification Area
for the airport, so the project will record a notice informing future residents that the
property is subject to overflight, sight and sound of aircraft operating from the airport.
D. The project is consistent with the Public Safety Element in that it will implement
requirements related to its location within a Very High Fire Hazard Severity Zone. The
project is located in proximity to El Camino Real, which is designated as an emergency
access or emergency evacuation route under the City’s Emergency Plan. Completing
Reach E of Poinsettia Lane improves emergency access and evacuation routes in the
area. The project site is within the five minute response time of Fire Station 2, located
less than one mile southeast of the project site, and Fire Station No. 4, located
approximately 1.4 miles west of the project site. A Conceptual Fire Protection Plan has
been prepared for the project to demonstrate how the proposed project will conform
to the policies and requirements of the Landscape Manual, particularly the Fire Policies
and Fire Protection Requirements. The plan includes written and graphic illustrations
of fire hydrant locations, rear yard setbacks, 60 foot fire fuel modification zones are
provided for both manufactured slope areas and native slope areas,
emergency/maintenance access, maintenance responsibility and schedule of
frequency, any other project modification to protect the development from fire
hazards, and street widths.
E. The project is consistent with the Open Space, Conservation and Recreation Element in
that approximately 25.1 acres of land will be dedicated and preserved as permanent
open space. The project site is currently within a Standards area of the Habitat
Management Plan (HMP), but the designated open space areas will become part of the
HMP’s Hardline Area preserve. Although the project does not comply with HMP
standards restricting development to the westerly portions of the parcels, the project
increases open space acreage, preserves habitat and wildlife corridors and linkages, and
analyses indicated that no biological benefit would accrue from further reductions in
the project’s residential units. The project applies Open Space land use and zoning
designations to the conserved open space lots for resource protection. The project will
PC RESO NO. 7225 -4-
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also implement an on-site habitat restoration plan, an onsite Post-fire Habitat Recovery
Stewardship Plan, a Contractor Education Program and biological construction
monitoring, will include City review of project design features to minimize indirect
impacts, and will avoid habitat clearing and reduction of construction noise during the
breeding season.
F. The project is consistent with the Sustainability Element in that it implements and is
consistent with measures identified in the Climate Action Plan through the provision of
renewable energy generation (photo-voltaic (PV) systems on rooftops), energy
conservation (Green Building Code), LED or similarly efficient project lighting, solar
water heating as part of the residential PV rooftop systems, accommodating Zero-
Emission vehicles, and other greenhouse gas reduction measures and features.
G. That the proposed open space area:
1) is equal to or greater than the area depicted on the Official Open Space and
Conservation Map in that the existing 9.6 acres of open space will increase to over
25 acres plus the adjacent 10 acres of mitigation land, as further shown on Exhibit
“GPA 14-04” attached hereto; and
2) is of environmental quality equal to or greater than that depicted on the Official Open
Space and Conservation Map in that the site’s existing designated Open Space will
be preserved or restored; the increased area of open space will include preserved,
restored or created habitat in compliance with the Habitat Management Plan and
be converted from a Standards Area to a Hardline Area; impacts to existing habitat
will be fully mitigated to at least meet prescribed ratios and result in no net loss of
habitat; and additional off-site mitigation lands southeast of the project and in
Veteran’s Park will provide restored or created habitat in compliance with the
Habitat Management Plan; and
3) is contiguous or within close proximity to open space as shown on the Official Open
Space and Conservation Map, as shown on Exhibit “GPA 14-04” attached hereto.
3. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated December 1, 2011, in that, on September 26, 2016, 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 uses are compatible
uses in Safety Zone 6, the project is compliant with airspace protection surfaces because a
determination of no hazard to air navigation was issued by the FAA, and the project will record
notification to future residents of aircraft overflight.
Zone Change, ZC 14-04
4. That the proposed Zone Change from One-Family Residential and Open Space to Residential
Density-Multiple (RD-M) and Open Space for a 50.8-acre site, and from One-Family Residential
and Open Space to Open Space for a separate, adjacent 10-acre mitigation site, is consistent
with the goals and policies of the various elements of the General Plan, in that the proposed RD-
M and Open Space zoning designations implement the proposed R-8 and Open Space General
Plan Land Use designations. The clustering of homes within the proposed RD-M zone of the site
allows for a larger area of conserved and preserved Open Space. The RD-M zoning designation
will allow for a detached single family residential condominium development that meets all
PC RESO NO. 7225 -5-
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applicable standards of the RD-M zone and the Planned Unit Development ordinance. The 10-
acre mitigation site will also be preserved as designated Open Space within the City of Carlsbad
Habitat Management Preserve.
5. 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
Residential Density-Multiple and Open Space zone designations shown on Exhibit “ZC 14-06”
attached hereto implement the Residential (R-8) and Open Space General Plan Land Use
designations.
6. That the Zone Change is consistent with the public convenience, necessity, and general welfare,
and is consistent with sound planning principles in that the residential uses allowed by the
proposed zone change are compatible with the adjacent residential and open space land uses.
Local Coastal Program Amendment, LCPA 14-06
7. That the proposed Local Coastal Program Amendment meets the requirements of, and is in
conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello
II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that
the amendment ensures consistency with the Carlsbad General Plan and Zoning Ordinance and
does not conflict with any coastal zone regulations, land use designations or policies.
8. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is
required to bring the property’s Local Coastal Program Land Use and Zoning Designations into
consistency with the proposed General Plan Amendment (GPA 14-06) and Zone Change (ZC 14-
04.
General
9. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 21 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
A. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
10. 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.
11. 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. 7225 -6-
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Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading
permit, building permit or recordation of final map, whichever comes first; or pursuant to an
approved construction schedule at the discretion of the appropriate division manager or
official.
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, and Local Coastal Program Amendment.
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, and Local Coastal Program
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 Poinsettia 61 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, Zone Change, and Local
Coastal Program 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 21 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 15-03 and is subject to all conditions
contained in Planning Commission Resolution No. 7224 incorporated herein by reference.
EXHIBIT X
Dated February 1, 2017
ORDINANCE NO. .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENTS TO THE ZONING AND LOCAL
COASTAL PROGRAM ZONING MAPS (ZC 14-04/LCPA 14-06) TO ALLOW A
ZONE CHANGE FROM ONE FAMILY RESIDENTIAL (R-1) AND OPEN SPACE TO
RESIDENTIAL DENSITY-MULTIPLE (RD-M) AND OPEN SPACE; A LOCAL
COASTAL PROGRAM ZONE CHANGE FROM ONE FAMILY RESIDENTIAL (R-1)
AND OPEN SPACE TO RESIDENTIAL DENSITY-MULTIPLE (RD-M) AND OPEN
SPACE; AND TO ADJUST BOUNDARIES OF OPEN SPACE FOR A 50.8-ACRE SITE
AND 10-ACRE MITIGATION SITE LOCATED SOUTH OF CASSIA ROAD,
BETWEEN THE EXISTING WESTERN AND EASTERN SEGMENTS OF
POINSETTIA LANE, AND EAST OF AMBROSIA LANE WITHIN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 21.
CASE NAME: POINSETTIA 61
CASE NO.: ZC 14-04/LCPA 14-06
WHEREAS, Lennar Homes of California, Inc., “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by 2010-1 RADC/CADC Property XII LLC, “Owner,”
described as
a Portion of the Southwest Quarter of the Southwest Quarter of Section
23 and a Portion of the Northwest Quarter of the Northwest Quarter of
Section 26, both of Township 12 South, Range 4 West, San Bernardino
Base and Meridian, in the County of San Diego, State of California,
according to Unites States Government Survey thereof
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Zone Change and Local Coastal
Program Amendment as shown on Exhibits “ZC 14-04” and “LCPA 14-06” – POINSETTIA 61 dated
February 1, 2017, attached hereto and made a part hereof; and
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 the “ZC 14-
04/LCPA 14-06 – POINSETTIA 61.”
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carlsbad, California, does
ordain as follows:
1. The above recitations are true and correct.
2. That Section 21.05.030 of the Carlsbad Municipal Code, being the Zoning Map and the
Local Coastal Program Zoning Map, are amended as shown on the maps marked “ZC 14-04 –
POINSETTIA 61” and “LCPA 14-06 – POINSETTIA 61” dated February 1, 2017, attached hereto and
made a part hereof.
3. That the findings and conditions of the Planning Commission in Planning Commission
Resolution No. 7225 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. (Notwithstanding the
preceding, this ordinance shall not be effective until LCPA 14-06 is approved by the California Coastal
Commission.)
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the ______
day of _________________, 2017, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the ______ day of ____________________, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CELIA A. BREWER, City Attorney
_________________________
MATT HALL, Mayor
_________________________
BARBARA ENGLESON, City Clerk
(SEAL)
MO O R H E NP L
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C A L L IA N D R A R DD O C E N A R D
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GPA 14-06 Poinsettia 61
February 1, 2017Exhibit "GPA 14-06"
EXISTING
PROPOSED
R-23
R-4
OS
OS
R-4
OS
R-8R-15OS
R-8
R-4
OS
OS
OS
R-4
OS
R-4
OS
R-23
R-4
OS
OS
R-4
OS
R-8R-15OS
R-8
R-8
OS
OS
OS
OS
From:To:
A. 215-020-07 R-4 R-8/OS
B. 215-050-21 R-4/OS R-8/OS
C. 215-050-22 R-4/OS OS
D. 215-050-44 R-4/OS OS
E. 215-050-47 R-4/OS OS
F. 215-050-45 R-4/OS OS (Offsite Mitigation)
E. 215-050-46 R-4/OS OS (Offsite Mitigation)
Related Case File No(s): EIR 15-03/ZC 14-04/LCPA 14-06/CT 14-10/ PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
General Plan Land Use Designation Changes
Property
OffsiteMitigationArea
OffsiteMitigationArea
MO O R H E NP L
POINSE TTIA L N
C A L L IA N D R A RD
D O C E N A R D
MIMOSADRFION
A
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ZC 14-04 Poinsettia 61
February 1, 2017Exhibit "ZC 14-04"
EXISTING
PROPOSED
P-C
R-1-Q
OS
P-C
P-C
RD-M-QRD-MOS
R-1
P-C
R-1-Q
OS
P-C
P-C
OS
RD-M-QRD-MOS
R-1
R-1
OS
OS
OS
OS
RD-M
R-1
OS
OSOS
OS
From:To:
A. 215-020-07 R-1 RD-M/OS
B. 215-050-21 R-1/OS RD-M/OS
C. 215-050-22 R-1/OS OS
D. 215-050-44 R-1/OS OS
E. 215-050-47 R-1/OS OS
F. 215-050-45 R-1/OS OS (Offsite Mitigation)
E. 215-050-46 R-1/OS OS (Offsite Mitigation)
Related Case File No(s): EIR 15-03/GPA 14-06/LCPA 14-06/CT 14-10/ PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Zoning Designation Changes
Property
OffsiteMitigationArea
OffsiteMitigationArea
MO O R H E NP L
POINSE TTIA L N
C A L L IA N D R A R DD O C E N A R D
MIMOSA
DR
A M A N TE CT
ORIOLE CT
A
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LCPA 14-06 (Land Use)Poinsettia 61
February 1, 2017Exhibit "LCPA 14-06"
EXISTING
PROPOSED
R-23
R-4
OS
OS
R-4
OS
R-8R-15OS
R-8
R-4
OS
OS
OS
R-4
OS
R-4
OS
R-23
R-4
OS
OS
R-4
OS
R-8R-15OS
R-8
R-8
OS
OS
OS
OS
From:To:
A. 215-020-07 R-4 R-8/OS
B. 215-050-21 R-4/OS R-8/OS
C. 215-050-22 R-4/OS OS
D. 215-050-44 R-4/OS OS
E. 215-050-47 R-4/OS OS
F. 215-050-45 R-4/OS OS (Offsite Mitigation)
E. 215-050-47 R-4/OS OS (Offsite Mitigation)
Related Case File No(s): EIR 15-03/GPA 14-06/ZC 14-04/CT 14-10/ PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
LCPA Land Use Designation Changes
Property
R-1-Q
OS
RD-M-Q
R-1
OffsiteMitigationArea
OffsiteMitigationArea