HomeMy WebLinkAbout2007-05-16; Planning Commission; Resolution 62991 PLANNING COMMISSION RESOLUTION NO. 6299
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
4 LOCAL COASTAL PROGRAM TO CHANGE THE
DESIGNATIONS ON THE LOCAL COASTAL PROGRAM
5 LAND USE PLAN AND ZONING MAP FROM PLANNED
6 INDUSTRIAL (PI) AND UNPLANNED AREA (UA)TO OPENSPACE (OS) AND os TO PI, AND PLANNED INDUSTRIAL
7 QUALIFIED DEVELOPMENT OVERLAY ZONE (PM-Q) TO
OPEN SPACE (OS) RESPECTIVELY ON PROPERTY
8 GENERALLY LOCATED ON THE SOUTHEAST CORNER OF
PALOMAR AIRPORT ROAD AND AVIARA PARKWAY IN
THE MELLO II SEGMENT OF THE LOCAL COASTAL
!0 PROGRAM AND IN LOCAL FACILITIES MANAGEMENT
ZONE 5.
11 CASE NAME: KELLY/JRM OFFICE BUILDING
CASE NO: LCPA 06-0512
,3 WHEREAS, California State law requires that the Local Coastal Program,
14 General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and
15 WHEREAS, Kelly/JRMC Palomar Airport Road I, LLC, "Developer/Owner"
has filed a verified application with the City of Carlsbad regarding property described as
17 A portion of Parcel "C" and all of Parcel "D" of Parcel Map
18 No. 2993, in the City of Carlsbad, County of San Diego, State
of California, according to map thereof no. PM 2993, filed in
19 the Office of the County Recorder of San Diego, August 23,
2Q 1974 as file number 74-230326
21 ("the Property"); and
22 WHEREAS, said verified application constitutes a request for a Local Coastal
23 Program Amendment as shown on Exhibit "LCPA 06-05" dated May 16,2007, attached hereto,
24 as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2,
25
Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal
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Commission Administrative Regulations; and
28 WHEREAS, the Planning Commission did on the 16th day of May, 2007, 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
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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 Local Coastal Program Amendment.; and4
WHEREAS, State Coastal Guidelines requires a six-week public review period
6 for any amendment to the Local Coastal Program.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
o
Commission of the City of Carlsbad, as follows:
9 A) That the foregoing recitations are true and correct.
10
B) At the end of the State-mandated six-week review period, starting on March 22,
2007 and ending on May 3, 2007, staff shall present to the City Council a
. summary of the comments received.
13 C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of KELLY/JRM OFFICE BUILDING -
14 LCPA 06-05 based on the following findings:
Findins:
1. That the proposed Local Coastal Program Amendment meets the requirements of, and is
1 7 in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
of the Mello II segment of the Carlsbad Local Coastal Program not being amended by
18 this amendment, in that the project will protect Environmentally Sensitive Habitat
Areas and the payment of Agricultural Conversion Mitigation Fees will provide
* 9 funding of other agricultural programs.
2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal
Program is required to bring it into consistency with the City's General Plan Land Use
Map, Zoning Map (as amended), and Mello II Implementation Plan (the zoning
22 map).
Conditions;
04 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
25 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
26 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
27 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
i conditions or seek damages for their violation. No vested rights are gained by Developer
PC RESO NO. 6299 -2-
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or a successor in interest by the City's approval of this Local Coastal Program
Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Local Coastal Program 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 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 Local Coastal Program
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,
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, GPA 04-20, ZC 04-15, and
CDP 03-03 and is subject to all conditions contained in Planning Commission
Resolutions No. 6296,6297,6298, and 6300 for those other approvals.
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PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on the 16th day of May 2007, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, Montgomery, Whitton
JUL
CARLS
ATTEST:
R, Chairperson
PLANNING COMMISSION
DONNEU
Planning Director
PC RESO NO. 6299 -4-
LCPA 06-05 KELLY/JRM OFFICE BUILDING
5/16/2007
EXISTING
PROPOSED
Related Case File No(s): ZC 04-15/GPA 04-20/SDP 03-01
/CDP 03-03/PIP 03-01
G.P. Map Desig
Property
A. 212-040-64-00
B.
C.
D.
From:
PI/OS/UA
nation Change
To:
PI/OS
LCPA 06-05 KELLY/JRM OFFICE BUILDING
5/16/2007
PROPOSED
Related Case File No(s): ZC 04-15/GPA 04-20/SDP 03-01
/CDP 03-03/PIP 03-01
G.P. Map Desig
Property
A. 212-040-64-00
B.
C.
D.
From:
P-M-Q
nation Change
To:
P-M-Q/OS