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HomeMy WebLinkAbout2019-06-19; Planning Commission; Resolution 7338PLANNING COMMISSION RESOLUTION NO. 7338 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM RESIDENTIAL (R-1.5} TO RESIDENTIAL (R-4); A ZONE CHANGE FROM ONE-FAMILY RESIDENTIAL 30,000 SQUARE FOOT MINIMUM LOT AREA (R-1-30,000} TO ONE-FAMILY RESIDENTIAL (R-1); AND A LOCAL COASTAL PROGRAM LAND USE AND ZONE CHANGE TO REFLECT THE PROPOSED GENERAL PLAN LAND USE AND ZONING FOR A 5.4-ACRE PORTION OF A 21.9-ACRE PREVIOUSLY SUBDIVIDED PROPERTY GENERALLY LOCATED SOUTH OF THE TERMINUS OF TWAIN AVENUE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: OCEAN VIEW POINT CASE NO: GPA 15-02/ZC 15-03/LCPA 15-05 (DEV15043} WHEREAS, OCEAN VIEW-CARLSBAD, LLC, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Lots 1 through 7, inclusive, of City of Carlsbad Tract No. CT 02-06, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 16265, filed in the Office of the County Recorder of San Diego County on April 27, 2018 ("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 Exhibit(s) "GPA 15-02", "ZC 15-03", and "LCPA 15-05" dated June 19, 2019, attached hereto and on file in the Carlsbad Planning Division, GPA 15-02/ZC 15-03/LCPA 15-05 -OCEAN VIEW POINT, as provided in Government Code Section 65350 et. seq., Chapter 21.52 of the Carlsbad Municipal Code, and Public Resources Code Sections 30514 and 13551 of California Code of Regulations Title 14, Division 5.5, respectively; and WHEREAS, the proposed Zone Change and Local Coastal Program Zone Change are set forth in the draft City Council Ordinance, EXHIBIT "X" dated June 19, 2019, and attached hereto as ZC 15- 03/LCPA 15-05 -OCEAN VIEW POINT; and WHEREAS, the Planning Commission did, on June 19, 2019, 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 Amendmen~, 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 GPA 15-02/ZC 15-03/LCPA 15-05 -OCEAN VIEW POINT, 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 the Mitigated Negative Declaration, Mitigation Monitoring and Report Program and Addendum for GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 -OCEAN VIEW POINT the 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 Report 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 Plan Amendment, GPA 15-02 2. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City1s General Plan, based on the facts set forth in the staff report dated June 19, 2019, including, but not limited to the following: A. The project is consistent with the Land Use and Community Design Element in that the proposed project consists of a request for a General Plan Amendment to change the General Plan Land Use designation from Residential (R-1.5) to Residential (R-4) and a Local Coastal Program Amendment to reflect the General Plan Land Use to allow for a subdivision with 13 residential lots on a 5.4-acre portion of a 21.9-acre site. The PC RESO NO. 7338 -2- applicant is proposing to develop the vacant infill site with challenging topography and a 75 percent habitat preservation requirement. The residential lots are clustered within an area of the site that minimizes impacts on habitat with limited impacts to the adjacent residential development. As demonstrated in "Exhibit GPA 15-02", a variety of land uses surround the subject site. Single-family homes that are part of the Spyglass Hills residential subdivision are located directly adjacent and to the n.orth of the project site. To the east, at a lower elevation from the project site and across Faraday Avenue, is the Carlsbad Research Center industrial office park. To the south of the project site, also at a lower elevation and across Faraday Avenue, is The Crossings at Carlsbad community golf course. Immediately south and west of the project site is City owned property with a General Plan Land Use designation and Zoning of Open Space (OS) that includes Veterans Memorial Park. No uses are located adjacent to the project site which could create an issue with respect to land use compatibility. The proposed single-family residential subdivision results in a development with lot sizes and density that are the same as the existing adjoining Spyglass Hills neighborhood. The project site is located approximately one-mile north of McClellan-Palomar Airport. Given the site's proximity to the airport, the property is located within Review Area 1 of the Airport Influence Area (AIA) and thus is subject to the Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP). The property is also located within Safety Zone 6 -Traffic Pattern Zone of the ALUCP, is located outside of the 60-65 CNEL noise contour, and is within the Airport Overflight Notification Area. As stated in the ALUCP Table 111-2 (Safety Compatibility Criteria), residential development is a compatible use without limitations outside of the 60-65 CNEL noise contours and in Safety Zone 6. The requested land use change was also determined to be consistent with the ALUCP by the Airport Land Use Commission staff on October 25, 2016. Because the project is located within the Airport Overflight Notification Area, the project has been conditioned to record a notice informing future residents that the property is subject to overflight, sight and sound of aircraft operating from the airport. The property constraints analysis indicates that there are 13.3 net developable acres within the 21.9-acre property which would allow for 13 dwelling units at the existing (R-1.5) Growth Management Control Point of one (1) dwelling unit per acre. Furthermore, a constraints analysis of the 5.4 acres proposed for development indicates that of those 5.4 acres, there are 4.8 net developable acres. Applying the project's proposed General Plan Land Use designation of R-4 {0-4 dwelling units per acre and a Growth Management Control Point of 3.2 dwelling units) to the 4.8 acres would allow for 15 dwelling units on the 5.4-acre portion of the site proposed for development. B. The project is consistent with the Open Space and Conservation Element in that its clustering development on the least sensitive and constrained portions of the property adjacent to existing development; it conserves 75 percent of the site as permanent open space; and utilizes trails to connect the city's open space network. C. The project is consistent with the Noise Element and will not result in exposure of persons to or generation of noise levels in excess of standards established in the City's General Plan or Noise Guidelines Manual in that the proposed residential subdivision is located outside the 60 dB(A) CNEL noise contour as indicated in the City of Carlsbad's PC RESO NO. 7338 -3- General Plan Noise Element and Noise Guidelines Manual (Carlsbad Future Noise Exposure Contours Map, forecast year 2035). Additionally, the project site is also located outside of the 60 dBA CNEL noise exposure range as shown on Exhibit 111-1 of the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). However, future homes will be located within the Airport Overflight Notification Area for the airport, so the project is conditioned to 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 partially within a Very High Fire Hazard Severity Zone. The project site is located within a five-minute response time of Fire Stations 3 and 5. A Conceptual Fire Protection Plan has been prepared for the project to demonstrate how it 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, 60-foot wide fire fuel modification zones cove.ring both manufactured slope areas and native slope areas, emergency/maintenance access, and maintenance responsibility and schedule of frequency. Zone Change, ZC 15-03 3. That the proposed Zone Change from One-Family Residential 30,000 square foot minimum lot area (R-1-30,000) to One-Family Residential (R-1) for a 5.4-acre portion of a 21.9-acre previously subdivided site is consistent with the goals and policies of the various elements of the General Plan, in that the proposed R-1 zoning designation impiements the proposed R-4 General Plan Land Use designation. The R-1 zoning designation will allow for single-family residential development with a minimum lot size of 7,500 square feet. The existing R-1-30,000 requires a minimum lot size of 30,000 square feet. As stated in the staff report, a single-family residential neighborhood with lot sizes in the 8,000 -20,000 square foot range is adjacent on the north side of the subject site with a general average of 10,000 square feet. The proposed residential lots vary in size from 10,353 square feet to 19,660 square feet with an average lot size of 13,480 square feet. 4. 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 One- Family Residential (R-1) Zone designation shown on Exhibit "ZC 15-03" attached hereto implements the Residential (R-4) General Plan Land Use designation. 5. 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 15-05 6. That the proposed Local Coastal Program Amendment meets the requirements of, and 1s 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 PC RESO NO. 7338 -4- the amendments ensure consistency with the Carlsbad General Plan and Zoning Ordinance and do not conflict with any coastal zone regulations, land use designations or policies. 7. 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 15-02) and Zone Change (ZC 15- 03). General 8. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 8 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. 9. 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. 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. 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. PC RESO NO. 7338 -5- 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 prov1s1ons 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, 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. 6. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 8 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum for OCEAN VIEW POINT -GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 and is subject to all conditions contained in Planning Commission Resolutions No. 7337 and 7339 for those other approvals incorporated herein by reference. 8. Developer shall implement, or cause the implementation of, the OCEAN VIEW POINT -GPA 15- 02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 Project Mitigation Monitoring and Reporting Program and Addendum. PC RESO NO. 7338 -6- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on June 19, 2019, by the following vote, to wit: AYES: Chair Luna, Commissioners Geidner, Lafferty, Meenes, Merz, and Stine NOES: ABSENT: Commissioner Anderson ABSTAIN: CAROLYN LUNA, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: TERI DELCAMP Principal Planner PC RESO NO. 7338 -7-