HomeMy WebLinkAbout2011-02-08; City Council; 20446; DENYING APPEAL EL FUERTE ZONE CHANGECITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
20.446
2/8/11
CED
DENYING THE APPEAL AND
REMANDING THE TENTATIVE MAP TO
THE PLANNING DIRECTOR FOR THE
EL FUERTE VIEW SUBDIVISION AND
APPROVING THE MITIGATED
NEGATIVE DECLARATION, GENERAL
PLAN AMENDMENT AND ZONE
CHANGE
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 2011-019 DENYING the appeal of the El Fuerte
View Tentative Map (CT 04-13), Hillside Development Permit (HDP 04-06) and Habitat
Management Permit (HMP 09-10) provided the tentative map's final design is remanded to the
Planning Director to approve the design of a tentative map, along with any other necessary
permit approvals, with five residential lots, one open space lot, and a single access road to El
Fuerte Street, adopting a Mitigated Negative Declaration, approving the General Plan
Amendment (GPA 09-08), Hillside Development Permit (HDP 04-06), Habitat Management
Permit (HMP 09-10), and INTRODUCE Ordinance No. cs-ii7 APPROVING Zone Change (ZC
09-09) amending Section 21.05.030 of the Carlsbad Municipal Code by an amendment to the
Zoning Map from One-Family Residential (R-1) to Open Space (OS) on a portion of the
property.
ITEM EXPLANATION:
On January 11, 2011, the City Council held a public hearing to consider the appeal of the
Planning Commission's approval of the El Fuerte View subdivision and associated permits by
the Architectural Review Committee of the La Costa Meadows, Unit No.3 Home Owners
Association. The City Council received the reports and recommendations from its staff and
received the arguments and evidence from the appellant, the applicant and members of the
public. At the conclusion of the public process, public testimony was closed and the matter was
continued for deliberations by the City Council to its meeting of Tuesday, January 25, 2011.
After the public testimony was closed, the Council received written correspondence from the
applicant, the appellant and City staff, all of which were made part of the record.
At its meeting of Tuesday, January 25, 2011, the Council determined to deny the appeal,
approve the Hillside Development Permit and Habitat Management Permit, adopt a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program for the project, approve
the General Plan Amendment and approve the Zone Change for the project by introducing
Ordinance CS-116.
DEPARTMENT CONTACT: Ron Ball 760-434-2891 ron.baH@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
ii
D
Dn
D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER -SEE MINUTES D
Council adopted tbe Resolution a? amended.
See Minute? for detail?.
Page 2
The attached Resolution and Ordinance implements the Council's decision of January 25, 2011
and the City Council should review the documents and concur that they properly reflect the City
Council's intentions in this matter.
FISCAL IMPACT:
There are no direct fiscal impacts to the City associated with this project approval. All public
improvements necessary to serve the project will be funded by the developer.
ENVIRONMENTAL IMPACT:
Staff has conducted an environmental impact assessment to determine if the project could have
a potentially significant impact on the environmental pursuant to CEQA Guidelines and the
Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. As a result of
said review, the initial study (EIA Part 2) identified potentially significant effects on the
environment, but mitigation measures, agreed to by the applicant, would avoid or mitigate the
effects on the environment to a point where no significant effect on the environment would
occur, and there is no substantial evidence in light of the whole record that the project as
conditioned may have a significant impact on the environment. Consequently, a notice of intent
to adopt a Mitigated Negative Declaration and Mitigation Monitoring and Report Program was
published by the Planning Director for public review September 4, 2009 and the Planning
Commission held public hearings on the project on March 17, 2010 and April 7, 2010. The
project was redesigned in May 2010 so a second notice of intent to adopt a Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program was published by the Planning
Director for public review June 30, 2010.
EXHIBITS:
1. City Council Resolution No. 2011-019
2. City Council Ordinance No. r.
1 RESOLUTION NO. 2011-019
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING THE APPEAL OF
3 TENTATIVE MAP CT 04-13, HILLSIDE DEVELOPMENT
4 PERMIT HDP 04-06, HABITAT MANAGEMENT PERMIT
HMP 09-10 AND MITIGATED NEGATIVE DECLARATION
5 AND REMANDING THE DESIGN OF THE TENTATIVE
MAP TO THE PLANNING DIRECTOR FOR APPROVAL OF
6 A TENTATIVE MAP WITH FIVE RESIDENTIAL LOTS AND
ONE CIRCULATION ROAD ACCESSED FROM EL
7 FUERTE STREET AND APPROVING THE HILLSIDE
DEVELOPMENT PERMIT, HABITAT MANAGEMENT
8 PERMIT, ADOPTING MITIGATED NEGATIVE
DECLARATION AND APPROVING THE GENERAL PLAN
AMENDMENT
10 WHEREAS, the Planning Commission held a number of public hearings on
11
this proposed subdivision, the last of which was October 6, 2010 and approved a
12
Tentative Map, a Hillside Development Permit, Habitat Management Permit and
recommended adoption of a Mitigated Negative Declaration and approval of General
15 Plan Amendment and Zone Change for a seven residential lot single family subdivision;
16 and
17 WHEREAS, the decision of the Planning Commission was appealed by the
18 appellant, Architectural Committee, La Costa Meadows Unit 3 Home Owners
19 Association; and
20 WHEREAS, the City Council held a public hearing on January 11, 2011 in
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order to hear the appeal and consider all arguments and evidence both in favor and
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against the appeal; and
23
WHEREAS, the City Council considered its other legislative actions
25 necessary for the approval of the subdivision; and
26 WHEREAS, after considering all the evidence, public testimony and
27 considering arguments both for and against the proposed project, the City Council
28
1 closed the public testimony and continued the matter for deliberations to its meeting of
2 January 25, 2011; and
WHEREAS, the City Council received additional written material following
4
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the close of the public testimony and before the time of its deliberations and made part
5
of the record; and
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WHEREAS, the applicant and the appellant or other members of the
7
affected neighborhood are encouraged to meet and confer over the final designs of the
o
tentative map to be approved by the Planning Director; and
WHEREAS, after carefully considering the evidence, arguments, and public
11 testimony, the Council finds as follows:
12 1. That the proper environmental analysis was conducted in accordance with
the procedures established by the California Environmental Quality Act ("CEQA"), the
Mitigated Negative Declaration is appropriate in this case and an environmental impact
14 report is not appropriate given all of the evidence in the record including the Biological
Resources Surveys that were conducted and reports submitted in June 2003, May
15 2004, March 2005, January 2006 and May 2009. The Council is persuaded that the site
does not contain significant biological habitat or other features, which if eliminated,
16 would be considered a significant adverse impact. The Council further determines that
no California Gnatcatchers have been identified on site and that there are no significant
17 impacts to Gnatcatchers which could be mitigated. The appellant has not presented
any substantial evidence to the contrary and has not presented a fair argument that any
onsite resource or impact created by the project is significant.
19 2. The Council further determines that the proposed project site is not within
a hardline preserve area and that all references to hardline preservation, the
20 equivalency findings or HMP hardline amendment protocols do not apply. Figure 28 of
the Habitat Management Plan mistakenly included this property as a hardline even
21 though there was no agreement between the property owner and the City and the
appropriate wildlife agencies to designate it as hardline preserve. The Council further
22 finds that the site has been designated as developable as single family residential on
both the existing General Plan and zoning maps. The Council further finds that the
California Department of Fish and Game and the US Fish and Wildlife Services have
24 agreed that the property was never intended to be designated as hardline preserve and
have confirmed so in writing.
25 3. After having reviewed the reports by the applicants' geotechnical
engineer, by the City staff and by third-party independent geotechnical engineers, the
26 Council is persuaded that there are no geological hazards resulting from the approval of
27
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1 this project. Nevertheless, prior to grading of the site, all grading of the site will be
under the direct supervision of a geotechnical firm approved by the City.
2 4. Architectural review by La Costa Meadows Unit 3 Architectural Review
3 Committee is irrelevant to the Council's decision on this project and disputes, if any,
may be resolved by the parties without action by this Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
5 Carlsbad, California, as follows:
6 1. That the above recitations are true and correct
7
2. That the appeal of the La Costa Meadows Unit 3 Home Owners
8 Association Architectural Review Committee is denied but, based on the independent
review of the City Council, a revised tentative map is approvable and the matter is
9 remanded to the Planning Director to approve a five residential lot subdivision with a
private road providing circulation for these lots and being accessed from El Fuerte
1° Street. The decision by the Planning Director shall be final and an appeal of his
decision, if any, shall be returned to the City Council for determination.
12 3. The Hillside Development Permit, the Habitat Management Permit, the
General Plan Amendment are approved, the Mitigated Negative Declaration for this
13 permit is adopted and the findings of Planning Commissions Resolutions No.'s 6669,
6670, 6671, 6672, 6674 and 6675, on file with the City Clerk and incorporated herein by
14 reference, constitute the findings of the City Council in this matter.
4. Appellant has obtained significant relief on its appeal, and its appeal fees
16 shall be refunded.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 8th day of February, 2011, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard
NOES: None.
ABSENT: None.
ATTEST:
lNE M. WOOD, City Clerk
Exhibit "GPA 09-08'
August 04, 2010
GPA 09-08 El Fuerte View
EXISTING
PROPOSED
Related Case File No(s): ZC 09-09 / CT 04-13 / HDP 04-06 / HMP 09-10
LCPA Land Use Designation Changes
Property
A.|215-370-28
From:
RLM
To:
RLM and OS
1 ORDINANCE NO. cs-117
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030
3 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT
4
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TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 09-
09, FROM ONE-FAMILY RESIDENTIAL (R-1) TO OPEN
SPACE (OS) ON A PORTION OF PROPERTY GENERALLY
LOCATED SOUTH OF EL FUERTE STREET AND NORTH OF
CACATUA STREET IN LOCAL FACILITIES MANAGEMENT
ZONE 6.
CASE NAME: EL FUERTE VIEW
CASE NO.: ZC 09-09
NOW, THEREFORE, the City Council of the City of Carlsbad ordains
as follows:
11 SECTION I: That section 21.050.30 of the Carlsbad Municipal Code,
12 being the zoning map, is amended substantially as shown on the map marked
13
Exhibit "ZC 09-09," dated August 4, 2010, attached hereto and made a part hereof.
14
SECTION II: That the findings and conditions of the Planning
Commission as set forth in Planning Commission Resolution No. 6671 constitute the
findings and conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective at least thirty
19 days after its adoption and the city clerk shall certify the adoption of this ordinance
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and cause it to be published at least once in a publication of general circulation in the
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City of Carlsbad within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 8th day of February, 2011, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the day of , 2011, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
Exhibit "ZC 09-09'
August 04, 2010
ZC 09-09 El Fuerte View
EXISTING
PROPOSED
Related Case File No(s): GPA 09-08 / CT 04-13 / HDP 04-06 /HMP 09-10
Zoning Designation Changes
Property
A. (215-370-28
From:
R-1
To:
R-1 and OS
' Robin Nuschy
From:
Sent:
To:
Cc:
Subject:
Anne Estes [anne.estes@att.net]
Monday, February 07, 2011 11:26 AM
Attorney
Council Internet Email
Revisions to El Fuerte View Development Resolution
FOR THE INFORMATION OF
THE CITY COUNCIL
DATE CITY ATTORNEY
La Costa Meadows No. 3 Homeowners Associationoc;
ArchitectuVaTReview Committee
Robert W. Lattin
Anne Estes
James BradleyDate: ,3/7///
Distribution:
City Clerk
Asst. City Clerk
Deputy Clerk
Book
February 7, 2011
Mr. Ron Ball
Carlsbad City Attorney
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: El Fuerte View Development
Dear Mr. Ball:
We would like to request that the wording of the above resolution as posted on the Agenda for February 8, be
changed to more accurately reflect the motion passed by City Council on January 25, 2011. The motion made
by Mayor Hall expressly conditioned the plan "...not to exceed five homes and one driveway." Further,
according to the video, an addition to the motion made by Councilmember Kulchin stipulated that the
developer be directed to work with the neighborhood.
The minutes attached below verify these two points.
Thank you for your attention to this matter.
Bob Lattin, Anne Estes, Jim Bradley
Cc: Mayor Hall, Councilmembers Kulchin, Packard, Blackburn, Douglas
MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: January 25, 2011
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Hall called the Regular Meeting to order at 6:00 p.m.
ROLL CALL: was taken by the City Clerk, as follows:
Present: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
Absent: None.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Kulchin, the minutes of the following meetings were approved as
presented:
Minutes of the Regular Meeting held January 11, 2011.
PRESENTATIONS:
Mayor Hall presented a proclamation to Dawn Cauthen in recognition of the Carlsbad Winter Music
Celebration Series.
Mayor Pro Tem Kulchjn presented a proclamation to Rob Swette in recognition of his service to the
Library Board of Trustees.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Kulchin, the Council affirmed the action of
the Consent Calendar, Items #1 through #3 as follows:
AYES: Hall, Kulchin, Blackburnr Douglas and Packard.
NOES: None.
ABSENT: None.
WAIVER OF ORDINANCE TEXT READING:
Council waived tne reading of the text of all OrdlnaHues and Resolutions al this Met;liny.
1. AB #20.434 - ACCEPTANCE OF GRANT FUNDS.
nnimr.il adopted RESOLUTION NO. 2011-009. accepting the award of State Homeland
Security Grant funds to the Fire and Police Departments for emergency preparedness; and,
authorizing the appropriation of funds.
"2. AB#20.435 - AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH SAN DIEGO
ASSOCIATION OF GOVERNMENTS.
Council adopted RESOLUTION NO. 2011-010. approving Amendment No. 1 to the
Memorandum of Understanding with the San Diego Association of Governments (SANDAG)
supporting a regional beach sand project, biological and shoreline monitoring, planning
contingency and construction management.
3. AB #20.436 - REPORT OUT AND AUTHORIZE PURCHASE AGREEMENT OF
CONSERVATION CREDITS.
Council adopted RESOLUTION NO. 2011-011. reporting out and authorizing the Mayor to
execute purchase agreement and other documents to complete the acquisition of conservation
credits for 50.13 acres of Alemir Property.
ORDINANCE FOR INTRODUCTION:
4. AB #20437 - INCREASE PRIMA FACIE SPEED LIMITS UPON LOKER AVENUE.
Ray McHenry, Carlsbad, spoke in opposition to increased speed limits, addressing the safety of 280
company employees who frequently cross the street between 2762 Loker Avenue and 2747 Loker
Avenue.
City Traffic Engineer, John Kim, addressed Council regarding possible safety solutions including
signage and cross walks.
ACTION: On a motion by Council Member Mark Packard, Council agreed to remand
this item to the Traffic Safety Commission for recommendations.
ORDINANCE NO. CS-115 - Void.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
PUBLIC COMMENT:
Peter Haenebalcke, Carlsbad, addressed Council regarding traffic light synchronization.
Walt Meier, Carlsbad, came forward to address Council regarding traffic control.
Buzzl 857@vahoo.com. a.k.a. Policewatch.org, came forward to address Council regarding freedom
of speech.
Rebecca Bartling, Deputy General Manager, 22nd District Agricultural Association, addressed Council
in opposition to the purchase OT the uei Mar hairgrounas oy me uny or uel Mar.
PUBLIC HEARING.
5. AB #20.431 - EL FUERTE VIEW APPEAL
City Manager Lisa Hildabrand announced that this item was held over from the January 11, 2011
meeting and that the public hearing is closed.
Following questions from Council Member Packard, Senior Civil Engineer Glen Van Peski stated that
the study provided by the developer, and the City selected geo-technical expert, both agreed that the
slope met City standards.
Council Member Douglas asked about traffic flow and number of vehicles, up to and including build
out, to which Mr. Van Peski explained the protocol for driveways on secondary arterial roads. He
stated that a single access was preferred.
City Attorney Ron Ball stated the following correspondence be part of the record -
Letter from the applicant dated January 12, 2011
Letter from Ann Estes, dated January 24, 2011
Email from Gary Barberio, dated January 25, 2011 "
Council encouraged the developer to work with the neighborhood on this project.
ACTION: On a motion by Mayor Hall, Council approved RESOLUTION NO. 2011-
006. denying an appeal and upholding the Planning Commission's
approval of Tentative Tract Map CT 04-13, Hillside Development Permit
HDP 04-06 and Habitat Management Permit HMP 09-10 and
recommendation to adopt a Mitigated Negative Declaration and approve
General Plan Amendment GPA 09-08 and Zone Change ZC 09-09.
AYES:
NOES:
ABSENT.
ACTION:
AYES:
NOES:
ABSENT:
ACTION:
AYES:
NOES:
Hall, Kulchin, Blackburn, Douglas and Packard.
None.
None.
Council concurred that RESOLUTION NO. 2011-007 be sent back to staff
for revision.
Hall, Kulchin, Blackburn, Douglas and Packard.
None.
None.
On a motion by Mayor Hall, Council concurred that ORDINANCE NO. CS-
116 be sent back to staff and that the developer should redesign thi
project with a maximum of five lots with one driveway. City Planner, Don
Neu, will have the final decision, which would be subject to appeal.
Hall, Kulchin, Blackburn, Douglas and Packard.
None. .