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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, 14 "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 21 Amendment as shown on Exhibit "GPA 06-09" dated April 7, 2010, attached hereto and on file 22 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 28 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 General Plan Amendment. 4 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: 10 Findings; 11 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. 25 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. 28 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. 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6682 -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 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