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HomeMy WebLinkAbout2010-04-07; Planning Commission; Resolution 66841 PLANNING COMMISSION RESOLUTION NO. 6684 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 203 (D) 4 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM RESIDENTIAL LOW-MEDIUM DENSITY (RLM) TO RESIDENTIAL MEDIUM (RM), 6 RESIDENTIAL LOW-MEDIUM DENSITY (RLM), AND OPEN SPACE (OS) AND CHANGE THE ZONING FROM LIMITED 7 CONTROL (L-C) TO RESIDENTIAL DENSITY-MULTIPLE (RD-M), ONE-FAMILY RESIDENTIAL (R-l), AND OPEN 8 SPACE (OS) ON A 20.27 ACRE SITE WITHIN PLANNING 9 AREA "E" OF THE ZONE 20 SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED NORTH OF AVIARA PARKWAY, 10 SOUTH OF CORTE ORCHIDIA, EAST OF TOWHEE LANE, AND WEST OF BLACK RAIL ROAD IN LOCAL FACILITIES 1 ] MANAGEMENT ZONE 20. CASE NAME: MUROYA SUBDIVISION CASE NO.: SP 203(D) __ 13 WHEREAS, Taylor Morrison of CA, LLC, "Developer," has filed a verified 14 application with the City of Carlsbad regarding property owned by Muroya Family Trust, , s "Owner," described as 17 The East One-Half of the Northeast Quarter of the Northwest Quarter, Section 27, Township 12 South, Range 4 West, San 18 Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, According to United States Government Survey 20 ("the Property"); and 21 WHEREAS, said application constitutes a request for a Specific Plan Amendment22 on file in the Carlsbad Planning Department, MUROYA SUBDIVISION - SP 203D , as 24 provided by SP 203A and Government Code Section 65453; and 25 WHEREAS, the proposed MUROYA SUBDIVISION - SP 203(D) is set forth 26 and attached in the draft City Council Ordinance, Exhibit "Y" dated, APRIL 7, 2010, and 27 attached hereto; and 28 WHEREAS, the Planning Commission did, on April 7, 2010, 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 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Specific Plan Amendment; and4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 5 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 RECOMMENDS APPROVAL of MUROYA SUBDIVISION - SP 203(D) based on the following findings and subject to the following conditions: 10 Findings; 11 1. The proposed development as described by the Specific Plan Amendment (SP203 (D)) is consistent with the provisions of the General Plan in that the General Plan Land Use 13 designation for the 20.27 acre project site within a portion of Planning Area E of the Zone 20 Specific Plan is amended to be consistent with the proposed amended 14 General Plan Land Use designation of Residential Medium Density (RM, 4-8 du/ac) on lots 1 & 5, Residential Low-Medium Density (RLM, 0-4 du/ac) on lot 2, and •* Open Space (OS) on Lots 3 & 4. The project is consistent with General Plan , x- Residential Action Program C.3 in that the Specific Plan Amendment allows for the density transfer and clustering of development to preserve habitat and topography. 17 2. The proposed Specific Plan Amendment would not be detrimental to the public interest, 18 health, safety, convenience, or welfare of the City in that the project, as identified in the Mitigated Negative Declaration, will not cause any significant impacts to the public, health, safety, and welfare, and furthermore the proposed land use change from 20 RLM to RM, RLM, and OS on a topographically and habitat constrained property within Planning Area E of the Specific Plan still allows for the development of the 21 constrained property with one-family type of dwelling on lots 1 and 5 that are comparable in size to the existing surrounding development and all required 22 development standards and applicable design criteria required by the City of _,, Carlsbad's Zoning Ordinance and the Zone 20 Specific Plan are incorporated into the project. 24 3. All necessary public facilities can be provided concurrent with need, and adequate 25 provisions have been provided to implement those portions of the capital improvement program applicable to the subject property in that the proposed project density at 5.29 26 du/ac is compatible with the proposed RM (4-8 du/ac) land use designation and is 5 units below the GMCP. The number of proposed dwelling units on Lot 1 (37) and one existing residence on Lot 2 exceeds the 37.79 permitted under the existing RLM 28 General Plan Land Use designation by a fraction of a unit (.21). Although the project exceeds the GMCP density for the RLM General Plan Land Use designation by 0.017 dwelling units/acre, or by a fractional unit of .21 dwelling units, the PC RESO NO. 6684 -2- General Plan Land Use Element allows the City to approve residential development 2 at a density that exceeds the GMCP provided the proposed residential development complies with certain findings as discussed in the staff report Section "A". The 3 existing Black Rail Road as conditioned to be improved, which provides access to the project site, operates at an acceptable level of service and all other public facilities and infrastructure improvements are in place or are conditioned to be r implemented concurrent with the development of the site consistent with the Zone 20 Local Facilities Management Plan. 6 4. The area surrounding the development is or can be planned and zoned in coordination 7 and substantial compatibility with the development in that the surrounding property is already developed with single-family residential or open space uses and the project ° is proposing a one family detached type of development that will have the appearance of single-family residences and be compatible with the predominant surrounding single-family uses. 10 5. Appropriate measures are proposed to mitigate any adverse environmental impact as 11 noted in the adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project. 12 6. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for MUROYA SUBDIVISION - 15 GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06-19, CDP 06-32, HDP 06-10, and HMP 07-02, the environmental impacts therein identified for this 16 project and said comments thereon, and the Program, on file in the Planning Department, prior to RECOMMENDING ADOPTION of the project; and 18 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California 19 Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and20 c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 22 d. based on the EIA Part II and comments thereon, the Planning Commission, finds 23 that there is no substantial evidence the project will have a significant effect on the environment. „, 7. 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 26 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. 27 Conditions; 28 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 PC RESO NO. 6684 -3- implemented and maintained according to their terms, the City shall have the right to 2 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 3 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 Specific Plan Amendment. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Specific Plan Amendment document(s) necessary to make 7 them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed ° development, different from this approval, shall require an amendment to this approval. o 3. Prior to the issuance of any permits for the project, the applicant shall submit to the Planning Director a digital copy and a camera-ready master copy of the SP 203 (D) Plan, in addition to the required number of bound copies. 11 4. Developer shall comply with all applicable provisions of federal, state, and local laws and 12 regulations in effect at the time of building permit issuance. 5. 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 15 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 16 with all requirements of law. 1 *T 6. Developer shall implement, or cause the implementation of, the MUROYA lg SUBDIVISION - GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06- 19, CDP 06-32, HDP 06-10, and HMP 07-02 Project Mitigation Monitoring and 19 Reporting Program. 20 7. 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 Specific Plan Amendment, 23 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 24 (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. 27 8. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 06-09, ZC 06-08, and LCPA 06-09, and is subject to all conditions contained in Planning Commission PC RESO NO. 6684 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolutions No. 6681, 6682, 6683, and 6685 for those other approvals incorporated herein by reference. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on April 7, 2010, by the following vote, to wit: AYES: NOES: Chairperson Douglas, Commissioners Baker, Dominguez, L'Heureux, and Nygaard ABSENT: Commissioners Montgomery and Schumacher ABSTAIN: FARRAFTT5?»eOUGLAS, Chairperson CARLSBAD PLANNING COMMISSION DON NEU Planning Director PC RESO NO. 6684 -5- Exhibit "Y" April/, 2010 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN AMENDMENT TO 3 THE ZONE 20 SPECIFIC PLAN (SP 203(D)) TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM RESI- 4 DENTIAL LOW-MEDIUM DENSITY (RLM) TO RESIDENTIAL MEDIUM (RM), RESIDENTIAL LOW-MEDIUM DENSITY (RLM), 5 AND OPEN SPACE (OS) AND CHANGE THE ZONING FROM LIMITED CONTROL (L-C) TO RESIDENTIAL DENSITY- 6 MULTIPLE (RD-M), ONE-FAMILY RESIDENTIAL (R-1), AND OPEN SPACE (OS) ON A 20.27 ACRE SITE WITHIN PLANNING 7 AREA "E" OF THE ZONE 20 SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED NORTH OF AVIARA PARKWAY, 8 SOUTH OF CORTE ORCHIDIA, EAST OF TOWHEE LANE, AND WEST OF BLACK RAIL ROAD IN LOCAL FACILITIES 9 MANAGEMENT ZONE 20. CASE NAME: MUROYA SUBDIVISION 10 CASE NO.: SP 203(D) 11 The City Council of the City of Carlsbad, California, does ordain as follows: 12 WHEREAS, the Zone 20 Specific Plan was originally adopted by City Council 13 Ordinance No. NS-257 on December 14, 1993 and has since been amended (SP 203(C)) and contains the uses, development standards and design guidelines for the development of the subject property; and 16 WHEREAS, the City Council of the City of Carlsbad has reviewed and 17 considered a Specific Plan Amendment (SP 203(D)) for the Zone 20 Specific Plan; and 1 8 WHEREAS, after procedures in accordance with requirements of law, the City 19 Council has determined that the public interest indicates that said Specific Plan Amendment (SP 20 203(D)) be approved. 21 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 22 follows: SECTION 1: That Specific Plan (SP 203(D)), on file in the Planning Department, 24 and incorporated herein by reference, is adopted. The Zone 20 Specific Plan (SP 203(D)) shall 25 constitute the development plan for the property and all development within the plan area shall conform to the plan. 27 SECTION 2: That the Zone 20 Specific Plan (SP 203), as amended to date, and 28 further amended by Specific Plan Amendment 203(D), dated April 7, 2010, is approved. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 17 22 23 24 SECTION 3: That Specific Plan Amendment (SP 203(D)) replaces Exhibit 3 - General Plan, Exhibit 7 - Existing Zoning, and Exhibit 10 - Open Space and text on Pg. 121- 124 in the Zone 20 Specific Plan, as shown on Exhibits "SP 203(D)" attached. SECTION 4: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 6684 shall 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 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 2010, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 2010, by the following vote, to wit: 15 AYES: 16 NOES: ABSENT: 18 ABSTAIN: 19 2Q APPROVED AS TO FORM AND LEGALITY 21 RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor 25 ATTEST: LORRAINE M. WOOD, City Clerk 27 (SEAL) 28 " -2- Legend Residential Low Density (0-1.5du/ac) Residential Low-Medium Density (0-4 du/ac) Residential Medium Density (4-8 du/acj Open Space Proposed School Planned Industrial 1995 Noise Contours Note: Source: (Noise Contour) FAH Part 150 Report Prepared for: San Diego County Prepared by: KPMG, Peta Marwick (May, 1990) Updated by: Jack Henthorn & Associates (November, 2009) MKS to scaJs city Of Carlsbad, ZONE 20 • Exhibit 3 GIEI^ALIPLAINI SPECIFIC "PLAN Legend Single Family Residential Single Family Residential (10,000 sfmin.) Residential Density - Multiple Planned Community Limited Control Planned Industrial Open Space H* to srato City Of Carlsbad, ZONE 20 Updated by: Jack Henthorn & Associates (November, 2009) • Exhibit 7 20NING SPECIFIC PLAN Legend General Plan Open Space Specific Plan Open Space General Plan & Master Pian Open Space Adjacent to the Specific Plan Area Proposed Locai Pedestrian Trail System Proposed City-wide Trail System Updated by: Jack Henthorn & Associates (November, 2009) • Exhibit 10 OPEN SPACE not to scala City of Carlsbad, ZONE 20 SPECIFIC PLAN Planning Area E is composed of the following twenty-four parcels: Planning Area E Ownership Owner Aitchison Nelson Bolton Bolton Poinsettia Hills Partners Buerger Buerger Cardosa Carnation CMWD Hadley Hidalgo Kaiser Lujan McKinney Moore Murfoya Rudvalis Sugino Sugino Tabata Tabata Yamamoto APN 215-070-18 215-080-04 215-070-23 215-070-24 215-070-19 215-040-08 215-040-10 215-070-08 215-070-06 215-080-05 215-080-19 215-070-20 215-080-22 215-070-09 215-070-10 215-080-17 215-040-03 215-070-04 215-040-09 215-040-11 215-040-04 215-080-21 215-040-05 Acreage 1.00 5.17 0.68 0.51 7.09 2.53 2.52 1.80 10.05 2.65 15.03 2.0 10.03 2.03 5.02 1.29 20.00 5.03 2.53 2.53 5.00 2.87 5.00 Current Land Use Vacant Vacant Agric. SFR GR/HSE/VA Argric Green Hse SFR Green Hse Water Tank Vacant SFR GrnHse SFR GrnHse SFR Grn Hse/SFR GrnHse Agric Agric Agric Agric Agric General Plan Designation RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM .RLM RLM RLM *RLM RLM RLM RLM RLM RLM RLM * RLM, RM. OS 2. Land Use Designations a. General Plan The majority of Planning Area E is designated RLM (Residential Low- Medium Density, 0-4 du/acre). The Muroya property is designated RLM, RM (Residential Medium Density. 4-8 du/acre), and OS (Open Si /lay 1993 121 Zone 20 Specific Plan b. Zoning The majority of Planning Area E is currently zoned L-C (limited Control). Prior to or when the various property owners, collectively or separately, are ready to develop, the properties will need to be rezoned to R-l consistent with the underlying General Plan Designation of RLM, unless General Plan designations have been changed through the City's General Plan Amendment process and alternative zoning classifications are applied. The Muroya Property is zoned, R-l VRD-M (Residential Density - Multiple) and OS (Open Space).T c. Local Coastal Plan Planning Area E falls within Site III of the Mello II Segment of the Carlsbad Local Coastal Plan. Conversion of property within Site III from agriculture to urban uses will require appropriate mitigation as specified in the Carlsbad Local Coastal Plan. 3. Permitted Uses The permitted uses and base regulations for property zones L-C are detailed in Section 21.39 of the Carlsbad Municipal Code and allows for uses permitted in the E-A zone, Carlsbad Municipal Code Section 21.07. Prior to or when the property is ready to be developed, based on the current underlying General Plan designation of RLM, 0-4 du/ac, the appropriate zoning for Planning Area E would be R-l (Residential Single Family). The R-l zone generally allows for single family detached homes. Clustered and/or multifamily structures may be permitted to meet City requirements related to affordable housing subject to site development plan approval. Additional permitted uses may be allowed subject to approval of necessary jand use approvals by the City Council. 4. Circulation Direct access to Planning Area E will be provided by Poinsettia Lane. Per the City's intersection spacing standards, there will be two intersections on Poinsettia Lane between Alga Road and the eastern boundary of the Specific Plan. These future intersections are identified in Exhibit 13 or page 73. lay 1993 . 122 Zone 20 Specific Plan Black Rr-ail Road which is identified in the Aviara Master Plan will eventually extend northward up the center of Planning Area E along the property lines and the existing access easement and will intersect Poinsettia Lane. Black Rail Road will be a residential collector. Properties within the southern half of Planning Area E can be adequately served with cul-de-sacs emanating from Black Rail Road or a loop road system connecting to Black Rail Road. In order to provide access to properties in the northern half of Planning Area E, a loop road will be required which extends east-west intersecting Poinsettia Lane on the east and west ends of the Planning area. 5. Open Space/Trails The 150 foot wide, SDG&E easement offers and opportunity to provide a variety of open space amenities. At a minimum, a pedestrian trail (^Constructed of decomposed granite shall be provided concurrent with development. This trail shall be designated to tie into the city wide Open Space/Trail system. Any trail system or landscaping provided within these easements must be developed in compliance with the requirements of SDG&E. The average 50 foot landscaped setbacks along Poinsettia Lane will provide additional open space within Planning Area E. Where topography permits, a separated bike/pedestrian trail will be provided within this 50 foot setback. The two canyons within Planning Area E will provide additional open space opportunity. Feasibility of enhancement of these canyons will be analyzed upon submittal of development applications for affected properties. 6. Special Design Criteria a. An average 50 footd setback from Poinsettia Lane shall be provided concurrent with development. This setback shall be landscaped and have separated pedestrian and bicycle trails where topography permits. b. The north-south running ridge that bisects Planning Area E offers ocean view opportunities to the west and back country views to the east. lay 1993 123 Zone 20 Specific Plan c. Development within Planning Area E should consider the possibility of establishing a trail system within the SDG&E easement in this area, if it is possible to do so without requiring excessive amounts of grading. d. Developers in Planning Area E should cooperate with the Carlsbad Municipal Water District to provide a landscape screen around the existing and future water tanks in this area. lay 1993 124 Zone 20 Specific Plan