HomeMy WebLinkAbout2008-10-01; Planning Commission; Resolution 64751 PLANNING COMMISSION RESOLUTION NO. 6475
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND USE AND
4 OPEN SPACE AND CONSERVATION ELEMENTS OF THE
GENERAL PLAN TO CHANGE THE GENERAL PLAN LAND
USE DESIGNATION FROM RLM TO RLM AND OS ON
6 PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF ADAMS STREET ALONG THE NORTH SHORE OF THE
7 AGUA HEDIONDA LAGOON BETWEEN HIGHLAND DRIVE
AND PARK DRIVE WITHIN THE AGUA HEDIONDA
8 SEGMENT OF THE LOCAL COASTAL PROGRAM AND
o LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: ADAMS STREET SUBDIVISION
10 CASE NO: GPA 06-08
11 WHEREAS, Planning Systems, "Developer," has filed a verified application
12 with the City of Carlsbad regarding property owned by Benjamin & Eunice Medina, and
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David Graham, "Owner," described as
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The southeasterly 127.0 feet measured at right angles of Lot 5
15 and that portion of Lot 6, in Block "D" of Bella Vista, in the
16 City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 2152, filed in the Office of the
17 County Recorder of said San Diego County, March 7, 1929,
lying westerly of a line and the prolongations thereof that is
18 drawn parallel with and distant 300 feet westerly measured at
right angles from the easterly line of Lot 6
2Q ("the Property"); and
21 WHEREAS, said verified application constitutes a request for a General Plan
22 Amendment as shown on Exhibit "GPA 06-08" dated October 1, 2008, attached hereto and on
23 file in the Carlsbad Planning Department, ADAMS STREET SUBDIVISION - GPA 06-08, as
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provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad
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Municipal Code; and26
27 WHEREAS, the Planning Commission did, on October 1, 2008, hold a duly
28 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 General Plan Amendment.
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5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
5 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 ADAMS STREET SUBDIVISION - GPA 06-08,
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 October 1,
13 2008 including, but not limited to the following: that the proposed change in General
Plan Land Use designation from Residential Low-Medium (RLM) to Open Space
14 (OS) for Parcel 3 of MS 05-29 is based on the environmental constraints of the
property and is environmentally appropriate for the site in that the habitat areas
^ within Parcel 3 will be included in an open space habitat preserve area; and, that
Ig the Habitat Management Plan requires high-priority resource areas to be
designated as Open Space at the time of development.
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2. The change in General Plan Land Use designation from RLM to OS for the portions
18 of the site proposed for open space habitat preservation is consistent with the
adopted General Plan, in that the General Plan Open Space Element requires high-
priority resource areas to be designated as Open Space at the time of development.
20 3. The Planning Commission has reviewed each of the exactions imposed on the Developer
21 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
22 degree of the exaction is in rough proportionality to the impact caused by the project.
23 Conditions:
24 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
issued under the authority of approvals herein granted; record a notice of violation on the
28 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.
PC RESO NO. 6475 -2-
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
2 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.
3 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.4
- 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.
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4. If any condition for construction of any public improvements or facilities, or the payment
7 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.
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Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
11 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
13 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
14 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
17 approval is not validated.
18 6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, ZC 06-07, LCPA 06-08, HDP
05-12, V 07-03, and HMP 07-04 and is subject to all conditions contained in Planning
20 Commission Resolutions No. 6474, 6476, 6477, 6478, 6479, and 6480, for those other
approvals incorporated herein by reference, and is subject to all conditions contained
21 in the Planning Director's approval letter for PUD 05-19 and the City Engineers
approval letter for MS 05-29.
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PC RESO NO. 6475 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on October 1, 2008, by the following vote,
to wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Dominguez, and
Chairperson Whitton
ABSENT: Commissioners Douglas and Montgomery
ABSTAIN:
TRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
•^4v\ 'ku
DON NEU
Planning Director
PC RESO NO. 6475 -4-
GPA 06-08
Exhibit "GPA 06-08"
October 1, 2008
Adams Street Subdivision
OS
EXISTING
PROPOSED
Related Case File No(s): ZC 06-07/ LCPA 06-08/ PUD 05-1 9/ HDP 05-12/ V 07-03/ HMP 07-04/MS 05-29
General Plan Land Use Designation Changes
Property
A. |206-200-01
From:
RLM
To:
RLM/OS