HomeMy WebLinkAbout2010-04-07; Planning Commission; Resolution 66831 PLANNING COMMISSION RESOLUTION NO. 6683
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM LIMITED
4 CONTROL (L-C) TO RESIDENTIAL DENSITY-MULTIPLE
(RD-M), ONE-FAMILY RESIDENTIAL (R-l), AND OPEN
SPACE (OS) ON A 20.27 ACRE PROPERTY GENERALLY
6 LOCATED NORTH OF AVIARA PARKWAY, SOUTH OF
CORTE ORCHIDIA, EAST OF TOWHEE LANE, AND WEST
7 OF BLACK RAIL ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
8 CASE NAME: MUROYA SUBDIVSION
9 CASE NO: ZC 06-08
10 WHEREAS, Taylor Morrison of CA, LLC, "Developer," has filed a verified
11 application with the City of Carlsbad regarding property owned by Muroya Family Trust,
12 "Owner," described as
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The East One-Half of the Northeast Quarter of the Northwest
14 Quarter, Section 27, Township 12 South, Range 4 West, San
Bernardino Base and Meridian, in the City of Carlsbad,
^ County of San Diego, State of California, According to United
, x- States Government Survey
17 ("the Property"); and
18 WHEREAS, said application constitutes a request for a Zone Change as shown on
19 Exhibit "ZC 06-08" dated April 7, 2010, attached hereto and on file in the Planning Department,
20 MUROYA SUBDIVISION - ZC 06-08, as provided by Chapter 21.52 of the Carlsbad
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Municipal Code; and
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23 WHEREAS, the proposed Zone Change (ZC 06-08) is set forth in draft City
24 Council Ordinance, Exhibit "X", dated April 7, 2010 and attached hereto as MUROYA
25 SUBDIVISION- ZC 06-08; 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
2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Zone Change.
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5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
5 Commission 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 - ZC 06-08,
based on the following findings and subject to the following conditions:
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Findings:
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1. That the proposed Zone Change from Limited Control (L-C) to Residential Density-
Multiple (RD-M), One-Family Residential (R-l), and Open Space (OS) is consistent
13 with the goals and policies of the various elements of the General Plan, in that the RD-
M, R-l, and OS zoning designations replace the L-C Zone (which is intended to be
14 an interim zoning designation), and implements the proposed Residential Medium
(4-8 du/ac), Residential Low-Medium Density (RLM, 0-4 du/ac), and OS General
Plan designations as well as the proposed amended Zone 20 Specific Plan (SP
16 203(D).
17 2. That the Zone Change will provide consistency between the General Plan and Zoning as
mandated by California State law and the City of Carlsbad General Plan Land Use
18 Element, in that the zone designations shown on Exhibit "ZC 06-08" attached hereto,
implement the General Plan Land Use designations of RM, RLM and OS.
20 3. That the Zone Change is consistent with the public convenience, necessity, and general
welfare, and is consistent with sound planning principles in that residential and open
21 space uses allowed by the proposed zone change are compatible with the adjacent
and future residential and open space uses.
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4. The Planning Commission of the City of Carlsbad does hereby find:
24 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for MUROYA SUBDIVISION -
25 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
project and said comments thereon, and the Program, on file in the Planning
27 Department, prior to RECOMMENDING ADOPTION of the project; and
28 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program have been prepared in accordance with requirements of the California
PC RESO NO. 6683 -2-
1 Environmental Quality Act, the State Guidelines and the Environmental Protection
2 Procedures of the City of Carlsbad;
3 c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
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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
5 environment.
7 5. 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
o degree of the exaction is in rough proportionality to the impact caused by the project.
10 Conditions;
11 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
13 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
14 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
15 conditions or seek damages for their violation. No vested rights are gained by Developer
, f or a successor in interest by the City's approval of this Zone Change.
17 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Zone Change documents, as necessary to make them internally
18 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.
20 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
21 regulations in effect at the time of building permit issuance.
22 4. 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
24 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
25 with all requirements of law.
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5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
27 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
28 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 Zone Change, (b) City's
approval or issuance of any permit or action, whether discretionary or nondiscretionary,
PC RESO NO. 6683 -3-
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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.
6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 06-09, SP 203(D), and
LCPA 06-09, and is subject to all conditions contained in Planning Commission
Resolutions No. 6681, 6682, 6684, and 6685, for those other approvals incorporated
herein by reference.
7. Developer shall implement, or cause the implementation of, the MUROYA
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
Reporting Program.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, 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:
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6683 -4-
Exhibit "ZC 06-08"
April?, 2010
ZC 06-08 Muroya Subdivision
EXISTING
PROPOSED
Related Case File No(s): GPA 06-09 / SP 203D / LCPA 06-09
CT 06-27 / CP 06-19 / CDP 06-32 / HDP 06-10 / HMPP 07-02
Zoning Designation Changes
Property
A.
B.
C.
215-040-03
From:
L-C
To:
R-1 / RD-M / OS
Exhibit "X"
April 7, 2010
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF
3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO
THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 06-08, ON
4 FIVE LOTS FROM LIMITED CONTROL (L-C) TO RESIDENTIAL
DENSITY-MULTIPLE (RD-M), ONE-FAMILY RESIDENTIAL (R-1),
5 AND OPEN SPACE (OS) ON A 20.27 ACRE PROPERTY
GENERALLY LOCATED NORTH OF AVIARA PARKWAY,
6 SOUTH OF CORTE ORCHIDIA, EAST OF TOWHEE LANE, AND
WEST OF BLACK RAIL ROAD IN LOCAL FACILITIES
7 MANAGEMENT ZONE 20.
CASE NAME: MUROYA SUBDIVISION
8 CASE NO.: ZC 06-08
9 WHEREAS, the City Council did on the day of , hold a duly
10 noticed public hearing as prescribed by law to consider said request; and
11 WHEREAS, said application constitutes a request for a Zone Change as shown
12 on Exhibit "ZC 06-08" - MUROYA SUBDIVISION ," dated April 7, 2010, attached hereto and
13 made a part hereof; and
14 WHEREAS at said public hearing, upon hearing and considering all testimony
1^ and arguments, if any, of all persons desiring to be heard, said City Council considered all
" factors relating to the ZC 06-08 - Muroya Subdivision.
17 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
18 follows:
19 SECTION I: That section 21.50.030 of the Carlsbad Municipal Code, being the
20 zoning map, is amended as shown on the map marked "ZC 06-08 - Muroya Subdivision," dated
21 April 7, 2010, attached hereto and made a part hereof.
22 SECTION II: That the findings and conditions of the Planning Commission in
23 Planning Commission Resolution No. 6683 shall also constitute the findings and conditions of
24 the City Council.
25 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
26 adoption but not until LCPA 06-09 is approved by the California Coastal Commission, and the
27 City Clerk shall certify to the adoption of this ordinance and cause it to be published at least
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1 once in a publication of general circulation the City of Carlsbad within fifteen days after its
2 adoption.
3 INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City
4 Council on the day of , 2010, and thereafter.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
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of the City of Carlsbad, California, held on the day of , 2010, by the
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following vote, to wit:
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AYES:
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NOES:
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ABSENT:
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ABSTAIN:
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APPROVED AS TO FORM AND LEGALITY
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16 RONALD R. BALL, City Attorney
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19 CLAUDE A. LEWIS, Mayor
20 ATTEST:
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LORRAINE M. WOOD, City Clerk
24 (SEAL)
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