HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 66031 PLANNING COMMISSION RESOLUTION NO. 6603
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
3 APPROVAL OF AN AMENDMENT TO THE CARLSBAD
LOCAL COASTAL PROGRAM TO CHANGE THE LCP
4 ZONING DESIGNATION FROM LIMITED CONTROL (L-C)
5 TO ONE-FAMILY RESIDENTIAL (R-l) ON PROPERTY
GENERALLY LOCATED AT THE NORTHEAST END OF
6 CAMINO HILLS DRIVE ALONG THE WEST SIDE OF EL
CAMINO REAL IN LOCAL FACILITIES MANAGEMENT
7 ZONE 24.
CASE NAME: TAB ATA 10
8 CASE NO: LCPA 06-02
9 WHEREAS, California State law requires that the Local Coastal Program,
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General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and
WHEREAS, the Tabata Family, "Developer/Owner," has filed a verified
13 application for an amendment to the Local Coastal Program Zoning designation regarding
14 property described as
15 Parcels 1 & 2 of Parcel Map 2481 (County TM9612-1), in the
jg City of Carlsbad, County of San Diego, State of California Rec.
March 21, 1974 in the Office of the County Recorder of said
17 San Diego County
18 ("the Property"); and
19 WHEREAS, said verified application constitutes a request for a Local Coastal
20 Program Amendment as shown on Exhibit "LCPA 06-02" dated July 15, 2009, attached hereto,
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as provided in Public Resources Code Section 30514 and Section 13551 of California Code of
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~, Regulations Title 14, Division 5.5; and
24 WHEREAS, the Planning Commission did on the 15th day of July , 2009, hold a
25 duly noticed public hearing as prescribed by law to consider said request; and
^(-\WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Local Coastal Program Amendment; and
WHEREAS, State Coastal Guidelines requires a six-week public review period
2 for any amendment to the Local Coastal Program.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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_ Commission of the City of Carlsbad, as follows:
g A) That the foregoing recitations are true and correct.
7 B) At the end of the State-mandated six-week review period, starting on June 12,
2009 and ending on July 24, 2009, staff shall present to the City Council a
° summary of the comments received.
9 C) That based on the evidence presented at the public hearing, the Commission
10 RECOMMENDS APPROVAL of TABATA 10 - LCPA 06-02 based on the
following findings, and subject to the following conditions:
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Findings:
13 1. 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
14 of the Mello II segment of the Carlsbad Local Coastal Program not being amended by
this amendment, in that the proposed change in the LCP Zoning designation from
15 Limited Control (L-C) to One-Family Residential (R-l) is consistent with and
implements the existing and proposed RLM General Plan Land Use designation on
the property.
17 2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal
] g Program is required to bring the property's LCP Zoning designation into consistency
with the City of Carlsbad Zoning designation and General Plan land use designation.
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3. The Planning Commission has reviewed each of the exactions imposed on the Developer
20 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
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Conditions:
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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
25 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
26 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
27 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 Local Coastal Program
Amendment.
PC RESO NO. 6603 -2-
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
2 and modifications to the Local Coastal Program 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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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
13 or indirectly, from (a) City's approval and issuance of this Local Coastal Program
Amendment, (b) City's approval or issuance of any permit or action, whether
14 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
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 Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and GPA 06-04 and ZC 06-04 and is
subject to all conditions contained in Planning Commission Resolutions No. 6601, 6602
2Q and 6604 for those other approvals incorporated herein by reference.
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PC RESO NO. 6603 -3-
1 PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning
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Commission of the City of Carlsbad, held on July 15, 2009, by the following vote, to wit:
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AYES: Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux,
Nygaard, and Chairperson Montgomery
5 NOES:
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ABSENT:
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ABSTAIN:8
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5. MONTGOMERY, QWfp'erson
CARLSBAD PLANNING COMN&BION
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ATTEST:
14"
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16 DONNEU
17 Planning Director
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PC RESO NO. 6603 -4-
LCPA 06-02
EXISTING
PROPOSED
Tabata 10
7/15/09
Related Case File No(s): GPA 06-04/ ZC 06-03/ CT 06-13/ SUP 06-08/ CDP 06-19/ HDP 07-03
LCPA Zoning Designation Changes
Property
A.
B.
C
D.
E.
F.
G.
212-050-33
212-050-32
From:
L-C
L-C
To:
R-1
R-1