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Home My WebLink About2008-10-01; Planning Commission; Resolution 64771 PLANNING COMMISSION RESOLUTION NO. 6477 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM 4 AMENDMENT TO CHANGE THE LCP LAND USE DESIGNATION FROM RLM TO RLM AND OS ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE 6 OF ADAMS STREET ALONG THE NORTH SHORE OF THE AGUA HEDIONDA LAGOON BETWEEN HIGHLAND DRIVE 7 AND PARK DRIVE WITHIN THE AGUA HEDIONDA SEGMENT OF THE LOCAL COASTAL PROGRAM AND 8 LOCAL FACILITIES MANAGEMENT ZONE 1. 9 CASE NAME: ADAMS STREET SUBDIVISION CASE NO: LCPA 06-08 10 WHEREAS, California State law requires that the Local Coastal Program, 11 General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and 13 WHEREAS, Planning Systems, "Developer," has filed a verified application for 14 an amendment to the Local Coastal Program designations regarding property owned by 15 Benjamin & Eunice Medina, and David Graham, "Owner," described as The southeasterly 127.0 feet measured at right angles of Lot 5 17 and that portion of Lot 6, in Block "D" of Bella Vista, in the City of Carlsbad, County of San Diego, State of California, 18 according to map thereof No. 2152, filed in the Office of the County Recorder of said San Diego County, March 7, 1929, lying westerly of a line and the prolongations thereof that is 20 drawn parallel with and distant 300 feet westerly measured at right angles from the easterly line of Lot 6 21 ("the Property"); and 22 WHEREAS, said verified application constitutes a request for a Local Coastal £3 24 Program Amendment as shown on Exhibit "LCPA 06-08" dated October 1, 2008, attached 25 hereto, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, 2" Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California 27 Coastal Commission Administrative Regulations; and 28 WHEREAS, the Planning Commission did on October 1, 2008, 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 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Local Coastal Program Amendment; and 4 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 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 August 15, 2008, and ending on September 26, 2008, 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 ADAMS STREET SUBDIVISION - 14 LCPA 06-08 based on the following findings, and subject to the following conditions: 15 , f Findings: That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies 18 of the Agua Hedionda segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the proposed change in the LCP Land Use designation for Parcel 3 of MS 05-29 from Residential Low-Medium Density (RLM) 2Q to Open Space (OS) is based on the environmental constraints of the property and is environmentally appropriate for the site in that the habitat areas within Parcel 3 21 will be included in an open space habitat preserve area; and, that this area is proposed to be designated as OS on the General Plan Land Use and Open Space and 22 Conservation maps and Zoning Map in accordance with the Habitat Management Plan requirements to designate high-priority resource areas as open space at the time of development. 24 2. That the proposed amendment to the Agua Hedionda segment of the Carlsbad Local 25 Coastal Program is required to bring it into consistency with the General Plan as proposed in General Plan Amendment (GPA 06-08). 26 3. The Planning Commission has reviewed each of the exactions imposed on the Developer 27 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. PC RESO NO. 6477 -2- Conditions: 2 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 3 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 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 5 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 7 or a successor in interest by the City's approval of this Local Coastal Program Amendment.8 n 2. 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 10 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. 12 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 13 regulations in effect at the time of building permit issuance. 14 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 1 , 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 17 with all requirements of law. 18 5. 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 20 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 21 Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 22 (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 24 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 25 6. This approval is granted subject to the approval of the Mitigated Negative Declaration 26 and Mitigation Monitoring and Reporting Program, GPA 06-08, ZC 06-07, HDP 05- 12, V 07-03, and HMP 07-04 and is subject to all conditions contained in Planning Commission Resolutions No. 6474, 6475, 6476, 6478, 6479, and 6480 for those other 28 approvals incorporated herein by reference, and is subject to all conditions contained in the Planning Director's approval letter for PUD 05-19 and the City Engineers approval letter for MS 05-29. PC RESO NO. 6477 -3- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning 2 Commission of the City of Carlsbad, held on October 1,2008, by the following vote, to wit: 3 AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, and Chairperson Whitton 5 NOES: 6 ABSENT: Commissioners Douglas and Montgomery 7 ABSTAIN:8 9 10 /^FR^NKlLWHITTON, Chairperson CARLSBAD PLANNING COMMISSION 12 13 ATTEST: 14 15 DON NEU Planning Director 17" 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6477 -4- LCPA 06-08 (Land Use) Exhibit "LCPA 06-08" October 1, 2008 Adams Street Subdivision OS EXISTING PROPOSED Related Case File No(s): GPA 06-08/ ZC 06-07/ PUD 05-19/ HDP 05-1 2/ V 07-03/ HMP 07-04/MS 05-29 LCPA Land Use Designation Changes Property A. |206-200-01 From: RLM To: RLM/OS