Loading...
HomeMy WebLinkAbout2008-11-05; Planning Commission; Resolution 65011 PLANNING COMMISSION RESOLUTION NO. 6501 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 LOCAL COASTAL PROGRAM LAND USE DESIGNATION FROM RESIDENTIAL 5 LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) TO 6 RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) AND OPEN SPACE (OS) AND THE LOCAL COASTAL 7 PROGRAM ZONING DESIGNATION FROM LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-l) AND 8 OPEN SPACE (OS) ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF BLACK RAIL ROAD AND AVENA COURT EAST IN LOCAL FACILITIES I o MANAGEMENT ZONE 20. CASE NAME: SEASCAPE II CASE NO: LCPA 05-06 i ^WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and 14 WHEREAS, Rajeev Bhatia, "Developer," has filed a verified application for an 15 amendment to the Local Coastal Program designations regarding property owned by Ron16 I 7 Vandermooren and Rajeev Bhatia, "Owner," described as: 18 Parcel IB: *9 The Southwest Quarter of the Southwest Quarter of the 2Q Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and 21 Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof; and 22 Parcel 2B:23 24 The Southeast Quarter of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, 25 Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State 26 of California, according to the official plat thereof; and 27 Parcel 3B: 28 An easement for road and public utility purposes over, under, upon and across the westerly 30 feet of the south half of the Northwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San 2 Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat 3 thereof; and 4 Parcel 4B: An easement for road and public utility purposes over, under, 6 along and across the westerly 30 feet of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 7 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof 9 ("the Property"); and 10 WHEREAS, said verified application constitutes a request for a Local Coastal 11 Program Amendment as shown on Exhibit "LCPA 05-06" dated November 5, 2008, attached J3 hereto, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, 14 Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California * 5 Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on November 5, 2008, hold a duly 17 noticed public hearing as prescribed by law to consider said request; and 18 WHEREAS, at said public hearing, upon hearing and considering all testimony 2Q and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 21 relating to the Local Coastal Program Amendment; and 22 WHEREAS, State Coastal Guidelines requires a six-week public review period 23 for any amendment to the Local Coastal Program. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 25 Commission of the City of Carlsbad, as follows:26 27 A) That the foregoing recitations are true and correct. 28 B) At the end of the State-mandated six-week review period, starting on August 8, 2008 and ending on September 19, 2008, staff shall present to the City Council a summary of the comments received. PCRESONO. 6501 -2- C) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of SEASCAPE - LCPA 05-06, based on the following findings, and subject to the following conditions: 3 Findings: 4 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 of the Mello II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the proposed Local Coastal Program RLM and OS land use designation and R-l and OS zoning designations are consistent with the Residential Low-Medium Density (RLM, 0-4 du/ac) and Open Space (OS) Land Use designations, the One-Family Residential (R-l) and Open Space (OS) Zoning designations, and the Zone 20 Specific Plan (203); the development does not obstruct public views of the coastline as seen from public lands or rights-of-way; the 10 project has been conditioned to comply with erosion and storm water control measures; and no sensitive resources, public access areas or water oriented 11 recreational activities exist on or near the site; the site is located over 1 mile from Batiquitos Lagoon and approximately 1.5 miles from the Pacific Ocean and no coastal access areas or water-oriented recreational activities exist on or near the 13 site; and the project is required to provide drainage and erosion control measures. That the project is conditioned to provide the payment of an agricultural conversion mitigation fee in the amount of $10,000/acre, which will mitigate the loss of agricultural resources by preserving or enhancing other important coastal i-ocrhiif nac 14 2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is required to bring the property's Local Coastal Program Land Use and 15 Zoning designations into consistency with the General Plan Land Use designation, Zoning designation, and the Zone 20 Specific Plan.16 " 17 18.. resources. 19 4. The Planning Commission of the City of Carlsbad does hereby find: 20 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for SEASCAPE - GPA 05- 22 H/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 23 and said comments thereon, and the Program, on file in the Planning Department, prior to RECOMMENDING ADOPTION of the project; and 24 b. the Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the 26 State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 27 c. they reflect the independent judgment of the Planning Commission of the City of 28 Carlsbad; and PC RESO NO. 6501 -3- d. based on the EIA Part II and comments thereon, the Planning Commission, finds 2 that there is no substantial evidence the project will have a significant effect on the environment. 3 5. The Planning Commission has reviewed each of the exactions imposed on the Developer 4 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. Conditions: 7 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 8 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 1Q 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 11 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 12 or a successor in interest by the City's approval of this Local Coastal Program Amendment. 14 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 15 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 1" development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 1 g regulations in effect at the time of building permit issuance. 19 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 21 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 22 with all requirements of law. 23 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 25 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 26 Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 2' (c) Developer/Operator's installation and operation of the facility permitted hereby, 2g 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 PC RESO NO. 6501 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 05-11, ZC 05-10, and CT 05-18 and is subject to all conditions contained in Planning Commission Resolutions No. 6498, 6499, 6500, 6502 for those other approvals incorporated herein by reference. PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, 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: *RANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: JlX. DON NEU Planning Director PC RESO NO. 6501 -5- LCPA 05-06 (Land Use) Exhibit "LCPA 05-06" November 5, 2008 Seascape EXISTING PROPOSED Related Case File No(s): GPA 05-11/ ZC 05-10/ CT 05-18/ PUD 05-14/ SDP 05-127 CDP 05-37/ HDP 06-02/ HMP 07-09 LCPA Land Use Designation Changes A. B. Property 215-040-09 215-040-11 From: RLM RLM To: RLM/OS RLM/OS LCPA 05-06 (Zoning) Exhibit "LCPA 05-06" November 5, 2008 Seascape EXISTING PROPOSED Related Case File No(s): GPA 05-11/ ZC 05-107 CT 05-18/ PUD 05-14/ SDP 05-12/ CDP 05-37/ HDP 06-02/ HMP 07-09 LCPA Zoning Designation Changes A. B. Property 215-040-09 215-040-11 From: L-C L-C To: R-1/OS R-1/OS