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Home My WebLink About2010-09-15; Planning Commission; Resolution 67151 PLANNING COMMISSION RESOLUTION NO. 6715 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE 4 ELEMENT LAND USE MAP AND OPEN SPACE ELEMENT , OPEN SPACE AND CONSERVATION MAP OF THE GENERAL PLAN TO CHANGE THE PLANNED INDUSTRIAL 6 (PI) AND OPEN SPACE (OS) LAND USE DESIGNATIONS TO A COMBINATION DISTRICT OF PLANNED 7 INDUSTRIAL/OFFICE (PI/O) AND OPEN SPACE (OS) ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR 8 AIRPORT ROAD, EAST AND WEST OF COLLEGE 9 BOULEVARD, AND SOUTH OF FARADAY AVENUE WITHIN THE BOUNDARIES OF THE CITY OF CARLSBAD 10 MUNICIPAL GOLF COURSE IN LOCAL FACILITIES MANAGEMENT ZONES 5 AND 8. H CASE NAME: CARLSBAD MUNICIPAL GOLF COURSE MAPPING 12 CASE NO: GPA 09-06 13 WHEREAS, The City of Carlsbad, "Developer and Owner," has filed a verified 14 application regarding property described as 16 Lots 50 through 76 and the "Remainder Parcel" of Carlsbad Tract CT 81-46 Unit 3 per Map No. 11289 filed July 16, 1985, together with Lots 1 17 through 26 of Carlsbad Tract CT 85-17 per Map No. 12903 filed December 13,1991, together with a portion of Lot F and a portion of Lot 18 G of Rancho Agua Hedionda per Map No. 823 filed November 16, 1896, all in the County of San Diego, State of California, all maps filed in the Office of the County Recorder of San Diego County 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a General Plan 22 Amendment as shown on Exhibit GPA 09-06 dated September 15, 2010, attached hereto and on 24 file in the Carlsbad Planning Department, CARLSBAD MUNICIPAL GOLF COURSE 25 MAPPING - GPA 09-06, as provided in Government Code Section 65350 et. seq. and Section 26 21.52.150 of the Carlsbad Municipal Code; and 27 WHEREAS, the Planning Commission did, on September 15, 2010, hold a duly 28 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 General Plan Amendment.4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad, as follows: 7 A) That the above recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 RECOMMENDS APPROVAL of CARLSBAD MUNICIPAL GOLF COURSE MAPPING GPA 09-06, based on the following findings and 10 conditions: Findings: 12 1. The Planning Commission finds that the project, as conditioned herein, is in 13 conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated September 15, 2010 including, but not limited to the following: 14 That the Carlsbad Crossings Municipal Golf Course is consistent with the Open Space and Conservation Element of the General Plan since golf courses are Category 3: Outdoor Recreation Open Space and the net increase in General Plan ,s Open Space will be 186.53, a golf course development is a recreational use encouraged for the Open Space Land Use designation. The PI/O designation will 17 provide opportunities for a wider variety of industrial and office uses for the three lots not included in the golf course and are compatible with surrounding OS uses. 18 2. The Planning Director has determined that: 2Q a. the project is a(n) subsequent activity of a project for which an EIR was prepared (City of Carlsbad Municipal Golf Course EIR 97-01), and a notice for the activity has 21 been given, which includes statements that this activity is within the scope of the EIR approved earlier, and that the EIR adequately describes the activity for the purposes 22 of CEQA) [15168(c)(2) and (e)] and b. this project is consistent with the project cited above; c. EIR 97-01 was certified in connection with the prior project; 23 24 25 n d. the project considered the change of Zoning and General Plan Land Use and has no new significant environmental effect not analyzed as significant in the prior EIR 97- 27 28 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. PCRESONO. 6715 -2- 3. That the proposed open space area: 2 a. Is 186.53 acres of General Plan Open Space greater than the area depicted on the 3 Official Open Space and Conservation Map; and 4 b. Is of environmental quality equal to or greater than that depicted on the Official Open <- Space and Conservation Map in that the project adds 186.53 acres of open space that has varying quality from the preservation of natural resources to outdoor recreation; 6 and 7 c. Is contiguous or within close proximity to open space as shown on the Official Open Space and Conservation Map.8 o 4. The project application was deemed complete in September 2009 and is therefore subject to the adopted Airport Land Use Compatibility Plan for the McClellan- 10 Palomar Airport (ALUCP), dated October 2004. The project is consistent with the ALUCP. Golf courses are low density developments and are not adversely impacted 1 1 by the noise generated by an airport. The proposed project land use changes, which designate three parcels as Planned Industrial/Office, are also compatible in that the parcels fall within the less than 70 db CNEL noise contours; a portion of Lot 4 falls 13 within the flight activity zone (FAZ), however, no development is proposed at this time; future development of the Planned Industrial/Office lots will be subject to 14 separate discretionary action. 15 5. The Planning Commission has reviewed each of the exactions imposed on the Developer , f 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 17 degree of the exaction is in rough proportionality to the impact caused by the project. 18 Conditions: 19 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 2Q 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 21 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 22 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 conditions or seek damages for their violation. No vested rights are gained by Developer 24 or a successor in interest by the City's approval of this General Plan Amendment. 25 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 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. 27 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 28 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. PCRESONO. 6715 -3- 4. If any condition for construction of any public improvements or facilities, or the payment 2 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 3 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. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 5 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 7 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval of this General Plan Amendment, (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 10 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 approval is not validated. 12 6. This approval is granted subject to the approval of ZC 09-07, LCPA 09-06, SP 181(G), 13 and SP 199(B) and is subject to all conditions contained in Planning Commission Resolutions No. 6716, 6717 and 6718 for those other approvals incorporated herein by 14 reference. ^ 7. Developer shall implement, or cause the implementation of, the CARLSBAD 16 MUNICIPAL GOLF COURSE - EIR 97-07 Project Mitigation Monitoring and Reporting Program. 17" 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6715 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on September 15, 2010, by the following vote, to wit: AYES:Chairperson Douglas, Commissioners Baker, L'Heureux, Nygaard, and Schumacher NOES: ABSENT: Commissioners Dominguez and Montgomery ABSTAIN: FARRAlra-eOUGLAS, Cffittrperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6715 -5- GPA 09-06 Exhibit "GPA 09-06" September 15, 2010 Carlsbad Municipal Golf Course Mapping EXISTING i ,'SAtK: PROPOSED Related Case File No(s): ZC 09-07/LCPA 09-06/CT 09-03 General Plan Map Designation Changes Property A. B C. D. E. F. G. H. 1. J. K. L. M. N. 21 2-041 -12 thru 37 212-081-01 thru 03 212-081-10 thru 15 212-082-01 thru 04 21 2-082-06 thru 09 21 2-081 -04 thru 09 21 2-081 -16 thru 18 212-082-05 212-081-20 212-082-10 212-010-15 212-010-15 212-081-05 212-081-17 From: PI PI PI PI PI PI PI PI OS OS OS OS OS OS To: OS OS OS OS OS PI/OS PI/OS PI/OS OS/PI OS/PI OS/PI PI/O PI/0 PI/O