HomeMy WebLinkAbout2010-04-07; Planning Commission; Resolution 66821 PLANNING COMMISSION RESOLUTION NO. 6682
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND USE
4 ELEMENT AND OPEN SPACE AND CONSERVATION
ELEMENT MAP OF THE GENERAL PLAN TO CHANGE THE
GENERAL PLAN LAND USE DESIGNATION FROM
6 RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC)
TO RESIDENTIAL MEDIUM DENSITY (RM, 4-8 DU/AC),
7 RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC),
AND OPEN SPACE (OS) ON A 20.27 ACRE PROPERTY
8 GENERALLY LOCATED NORTH OF AVIARA PARKWAY,
9 SOUTH OF CORTE ORCHIDIA, EAST OF TOWHEE LANE,
AND WEST OF BLACK RAIL ROAD IN LOCAL FACILITIES
10 MANAGEMENT ZONE 20.
CASE NAME: MUROYA SUBDIVSION
11 CASE NO.: GPA 06-09
12 WHEREAS, Taylor Morrison of CA, LLC, "Developer," has filed a verified
13 application with the City of Carlsbad regarding property owned by Muroya Family Trust,
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"Owner," described as15
, s The East One-Half of the Northeast Quarter of the Northwest
Quarter, Section 27, Township 12 South, Range 4 West, San
17 Bernardino Base and Meridian, in the City of Carlsbad,
County of San Diego, State of California, According to United
18 States Government Survey
19 ("the Property"); and
20 WHEREAS, said verified application constitutes a request for a General Plan
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Amendment as shown on Exhibit "GPA 06-09" dated April 7, 2010, attached hereto and on file
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in the Carlsbad Planning Department, MUROYA SUBDIVISION - GPA 06-09, as provided in
24 Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code;
25 and
26 WHEREAS, the Planning Commission did, on April 7, 2010, hold a duly noticed
27 public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the General Plan Amendment.
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5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
g Commission of the City of Carlsbad, as follows:
7 A) That the above 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 - GPA 06-09,
based on the following findings:
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Findings;
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1. The Planning Commission finds that the project is in conformance with the Elements of
the City's General Plan based on the facts set forth in the staff report dated April 7, 2010
13 including, but not limited to the following:
14 a. Land Use/Open Space - in that the proposed change in General Plan Land Use
designation from Residential Low-Medium Density (RLM, 0-4 du/ac) to
15 Residential Medium (RM, 4-8 du/ac) for Lots 1 & 5 and to Open Space (OS) for
,s Lots 3 and 4 of CT 06-27 is based on the environmental constraints of the
property and that the HMP requires clustering development on the disturbed
17 area to the maximum extent feasible for this site; and is environmentally
appropriate for the site in that the habitat areas on Lot 4 will be included in an
18 open space habitat preserve area whereby the Habitat Management Plan
requires high-priority resource areas to be designated as Open Space at the time
of development.
20 b. Housing - The project has been conditioned to purchase 7 inclusionary housing
21 credits from the Villa Loma Project located in the SW Quadrant.
22 c. Circulation - AH roadways (including curb, gutter, and sidewalk) needed to
serve the development will be dedicated and constructed prior to, or concurrent
with, site development. The proposed circulation system is designed to provide
24 access to each of the proposed lots and dwelling units and complies with all
applicable City design standards.
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d. The project is consistent with the adopted Airport Land Use Compatibility Plan
26 for the McCIellan-Palomar Airport (ALUCP), dated January 25, 2010, in that
the project has been conditioned so that the applicant shall record a notice
concerning aircraft noise. The project is compatible with the projected noise
28 levels of the ALUCP and, based on the land use compatibility matrix of the
ALUCP, the proposed land use is compatible with the airport, in that the
property is located within Zone 6 of the Safety Compatibility Policy and
PC RESO NO. 6682 -2-
residential uses are allowed within Zone 6 at the proposed density and lot
2 coverage.
3 2. 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 -
GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06-19, CDP 06-32,
6 HDP 06-10, and HMP 07-02, the environmental impacts therein identified for this
project and said comments thereon, and the Program, on file in the Planning
7 Department, prior to RECOMMENDING ADOPTION of the project; and
8 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program have been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental Protection
10 ' Procedures of the City of Carlsbad; and
c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
13 d. based on the EIA Part II and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on the
14 environment.
15 3. 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,
18 Conditions:
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
2 1 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
22 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.
25 2. 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
26 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.
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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.
PC RESO NO. 6682 -3-
4. If any condition for construction of any public improvements or facilities, or the payment
2 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
3 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
5 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
7 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
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
10 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
1 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, ZC 06-08, SP 203(D), and
14 | LCPA 06-09 and is subject to all conditions contained in Planning Commission
Resolutions No. 6681, 6683, 6684, and 6685 for those other approvals incorporated
herein by reference.
7. Developer shall implement, or cause the implementation of, the Muroya Subdivision -
17 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,
GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06-19, CDP 06-32,
18 HDP 06-10, and HMP 07-02 Project Mitigation Monitoring and Reporting Program.
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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:
sepon
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6682 -5-
Exhibit "GPA 06-09'
April 7, 2010
GPA 06-09 Muroya Subdivision
EXISTING
RLM
PROPOSED
Related Case File No(s): ZC 06-08 / SP 203D / LCPA 06-09 /
CT 06-27 / CP 06-19 / CDP 06-32 / HDP 06-10 / HMPP 07-02
General Plan Land Use Designation Changes
Property
A.
B.
C.
215-040-30
From:
RLM
To:
RLM / RM / OS