HomeMy WebLinkAbout2008-11-05; Planning Commission; Resolution 64991 PLANNING COMMISSION RESOLUTION NO. 6499
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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
4 ELEMENT OF THE GENERAL PLAN TO CHANGE THE
GENERAL PLAN LAND USE DESIGNATION FROM
RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC)
6 TO RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4
DU/AC) AND OPEN SPACE (OS) ON PROPERTY
7 GENERALLY LOCATED ON THE NORTHEAST CORNER OF
BLACK RAIL ROAD AND AVENA COURT EAST IN LOCAL
8 FACILITIES MANAGEMENT ZONE 20.
9 CASE NAME: SEASCAPE
CASE NO: GPA 05-11
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WHEREAS, Rajeev Bhatia, "Developer," has filed a verified application with
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the City of Carlsbad regarding property owned by Ron Vandermooren and Rajeev Bhatia,
j3 "Owner," described as:
14 Parcel IB:
^ The Southwest Quarter of the Southwest Quarter of the
*s Northwest Quarter of the Northeast Quarter of Section 27,
Township 12 South, Range 4 West, San Bernadino Base and
17 Meridian, in the City of Carlsbad, County of San Diego, State
of California, according to the official plat thereof; and
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Parcel 2B:
20 The Southeast Quarter of the Southwest Quarter of the
Northwest Quarter of the Northeast Quarter of Section 27,
21 Township 12 South, Range 4 West, San Bernadino Base and
Meridian, in the City of Carlsbad, County of San Diego, State
22 of California, according to the official plat thereof; and
23 Parcel 3B:
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An easement for road and public utility purposes over, under,
25 upon and across the westerly 30 feet of the south half of the
Northwest Quarter of the Northwest Quarter of the Northeast
26 Quarter of Section 27, Township 12 South, Range 4 West, San
27 Bernadino Base and Meridian, in the City of Carlsbad, County
of San Diego, State of California, according to the official plat
28 thereof; and
1 Parcel 4B:
2 An easement for road and public utility purposes over, under,
3 along and across the westerly 30 feet of the Northwest Quarter
of the Southwest Quarter of the Northwest Quarter of Section
27, Township 12 South, Range 4 West, San Bernadino Base
t- and Meridian, in the City of Carlsbad, County of San Diego,
State of California, according to the official plat thereof
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a General Plan8
Amendment as shown on Exhibit "GPA 05-11" dated November 5, 2008, attached hereto and
10 on file in the Carlsbad Planning Department, SEASCAPE - GPA 05-11, as provided in
Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code;
12 and
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WHEREAS, the Planning Commission did, on November 5, 2008, hold a duly
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noticed public hearing as prescribed by law to consider said request; and
, r WHEREAS, at said public hearing, upon hearing and considering all testimony
17 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
18 relating to the General Plan Amendment.
19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
20 Commission of the City of Carlsbad, as follows:
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A) That the above recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of SEASCAPE - GPA 05-11, based on the
24 following findings:
25 Findings:
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 November 5,
2008 including, but not limited to the following: that the proposed change in General
28 Plan Land Use designation from Residential Low-Medium Density (RLM, 0-4
du/ac) to Open Space (OS) for Lots 14 and 15 of CT 05-18 is consistent with the
adopted General Plan, in that the General Plan Open Space & Conservation
PC RESO NO. 6499 -2-
Element encourages the OS designation over buffer areas located adjacent to
2 sensitive environmental areas and constrained undevelopable lands (i.e. major
powerline easements).
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2. The Planning Commission of the City of Carlsbad does hereby find:4
- a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for SEASCAPE - GPA 05-
6 11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP
06-02/HMP 07-09, the environmental impacts therein identified for this project
1 and said comments thereon, and the Program, on file in the Planning Department,
prior to RECOMMENDING ADOPTION of the project; and8
p b. the Mitigated Negative Declaration and the Program have been prepared in
accordance with requirements of the California Environmental Quality Act, the
10 State Guidelines and the Environmental Protection Procedures of the City of
Carlsbad; and
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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
14 that there is no substantial evidence the project will have a significant effect on
the 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
17 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.
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Conditions:19
~~ 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
21 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
22 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
property title; institute and prosecute litigation to compel their compliance with said
24 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.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
26 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.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
2g development, different from this approval, shall require an amendment to this approval.
PC RESO NO. 6499 -3-
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
2 regulations in effect at the time of building permit issuance.
3 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
- 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
5 with all requirements of law.
7 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
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,
10 (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
13 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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This approval is granted subject to the approval of the Mitigated Negative Declaration
15 and Mitigation Monitoring and Reporting Program, ZC 05-10, LCPA 05-06, and
CT 05-18 and is subject to all conditions contained in Planning Commission Resolutions
No. 6498, 6500, 6501, and 6502 for those other approvals incorporated herein by
17 reference.
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PC RESO NO. 6499 -4-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on November 5, 2008, by the following
vote, to wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery,
and Chairperson Whitton
ABSENT: Commissioner Douglas
ABSTAIN:
/FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6499 -5-
GPA 05-11
Exhibit "GPA 05-11"
November 5, 2008
Seascape
EXISTING
PROPOSED
Related Case File No(s):
ZC 05-10/ LCPA 05-06/ CT 05-18/ PUD 05-14/ SDP OS-12/ CDP 05-37/ HDP 06-02/ HMP 07-09
A.
B.
General Plan Land Use Designation Chano
Property
215-040-09
215-040-11
From:
RLM
RLM
es
To:
RLM/OS
RLM/OS