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Home My WebLink About2005-08-17; Planning Commission; Resolution 59521 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 PLANNING COMMISSION RESOLUTION NO. 5952 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN ON PROPERTY GENERALLY LOCATED SOUTHEAST OF RANCHO SANTA FE ROAD LONG THE CITY’S EASTERN BOUNDARY IN LOCAL FACILITIES MANAGEMENT ZONE 1 1. CASE NAME: SHELLEY PROPERTY CASE NO: GPA 03-1 1 WHEREAS, Fair Oaks Valley, LLC, “DevelopedOwner,” has filed a verified application with the City of Carlsbad regarding property described as That portion of the east half of Lot 6 of Rancho Las Encinitas, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego County, June 27, 1898. (APN 223-061-01-00 and 223-061-02-00) (“the Property”); and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit “GPA 03-11” dated August 17,2005, attached hereto and on file in the Carlsbad Planning Department, SHELLEY PROPERTY - GPA 03-11, as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of August 2005, hold a duly noticed public hearing as prescribed by law to consider said request; 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: 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 A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission based on the following findings: RECOMMENDS APPROVAL of SHELLEY PROPERTY - GPA 03-11, Findinps: 1. 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 August 17,2005 including, but not limited to the following: a. Land Use: The redesignation of 25.8 acres from the RL to the RLM designation is for the purpose of transferring density from the remaining acreage proposed to be designated as Open Space to the development area. The potential increase in overall density that would result from this change is 14 units. Although the RLM designation could theoretically yield 71 units on 25.8 acres, the R-1-10,000 zoning, configuration of land, surrounding habitat preserve, and necessary development and design standards will limit the yield on the property so that no more than the 56 units that the current RL designation would allow will occur unless a planned development permit allowing smaller lots is approved on the property. b. Open Space: - 55.46 acres will be redesignated to Open Space and preserved and maintained as a habitat preserve area in accordance with the City’s Habitat Management Plan. c. Circulation: An irrevocable offer of dedication for 102’ of public right-of-way across the open space preserve from the eastern project boundary to the eastern property boundary will enable the extension of General Plan Circulation Element arterial roadway (Melrose Drive) at some future date if the need arises. Because the County of San Diego, which abuts the property to the east, and the City of Encinitas, which abuts the property to the south, have indicated that their General Plans include no future circulation arterial roadway connections to a roadway through the Shelley property, construction of the roadway is not proposed or required. 2. 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: 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 hrther condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy PC RES0 NO. 5952 -2- 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 2. 3. 4. 5. 6. 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. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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. Developer/Operator shall and does hereby agree to indemnifl, 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, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, 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. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, ZC 03-09, CT 02-17, HDP 02- 08 and HMPP 05-04 and is subject to all conditions contained in Planning Commission Resolutions No. 5951,5953,5954,5955 and 5956 for those other approvals. 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 “feeslexactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section PC RES0 NO. 5952 -3- 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 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 feedexactions 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, held on the 17th day of August 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Dominguez, Heineman, Montgomery, and Whitton NOES: ABSENT: Commissioner Cardosa ABSTAIN: JEFFRE N. SEGALL, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: n DON NEU Assistant Planning Director PC RES0 NO. 5952 -4- GPA 03-11 Shelley Property Auaust 17,2005 Property From: A. 223-061-01-00 RL B. 223-061-02-00 RL EXISTING To: RLM-OS RLM-OS PROPOSED I Related Case file No(s): ZC 03-091CT 02-1 7/HDP 02-08HMP 05-44 I I I I I