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