HomeMy WebLinkAbout2010-09-15; Planning Commission; Resolution 67161 PLANNING COMMISSION RESOLUTION NO. 6716
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE TO CHANGE THE
4 PLANNED INDUSTRIAL (P-M) AND OPEN SPACE (OS)
ZONING DESIGNATIONS TO A COMBINATION ZONE OF
PLANNED INDUSTRIAL/OFFICE (P-M/O) AND OPEN SPACE
6 (OS) ON PROPERTY GENERALLY LOCATED NORTH OF
PALOMAR AIRPORT ROAD, EAST AND WEST OF
7 COLLEGE BOULEVARD, AND SOUTH OF FARADAY
AVENUE WITHIN THE BOUNDARIES OF THE CITY OF
8 CARLSBAD MUNICIPAL GOLF COURSE IN LOCAL
9 FACILITIES MANAGEMENT ZONES 5 AND 8.
CASE NAME: CARLSBAD MUNICIPAL GOLF COURSE
10 MAPPING
CASE NO: ZC 09-07
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WHEREAS, the City of Carlsbad, "Developer and Owner," has filed a verified
13 application regarding property described as:
14 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
15 through 26 of Carlsbad Tract CT 85-17 per Map No. 12903 filed
, s December 13, 1991, together with a portion of Lot F and a portion of Lot
G of Rancho Agua Hedionda per Map No. 823 filed November 16, 1896,
17 all in the County of San Diego, State of California, all maps filed in the
Office of the County Recorder of San Diego County
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("the property"); and
20 WHEREAS, said application constitutes a request for a Zone Change as shown
21 on Exhibit "ZC 09-07" dated September 15, 2010, attached hereto and on file in the Planning
22 Department, CARLSBAD MUNICIPAL GOLF COURSE MAPPING - ZC 09-07, as
23 provided by Chapter 21.52 of the Carlsbad Municipal Code; and
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WHEREAS, the proposed Zone Change is set forth in the draft City Council
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Ordinance, Exhibit "X" dated, September 15, 2010, and attached hereto CARLSBAD
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2y MUNICIPAL GOLF COURSE MAPPING - ZC 09-07; and
28 WHEREAS, the Planning Commission did on September 15, 2010, hold a duly
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
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relating to the Zone Change.
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5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
5 Commission as follows:
7 A) That the foregoing recitations are true and correct.
o0 B) That based on the evidence presented at the public hearing, the Commission
9 RECOMMENDS APPROVAL of CARLSBAD MUNICIPAL GOLF
COURSE MAPPING - ZC 09-07, based on the following findings and
10 conditions:
11 Findings:
12 1. That the proposed Zone Change from Planned Industrial (P-M) and Open Space (OS)
13 to the combination district of Planned Industrial/Office (P-M/O) and Open Space
(OS) is consistent with the goals and policies of the various elements of the General Plan,
14 in that the proposed Open Space portion of the property is developed as the City of
Carlsbad Municipal Golf Course and the Zone Change to OS on the golf course
1 -* property will accurately reflect the existing golf course development and the vacant
*s development pads will be accurately reflected as P-M/O. The P-M/O combination
district designation will provide opportunities for a wider variety of industrial and
17 office uses and are compatible with surrounding OS uses.
18 2. That the Zone Change will provide consistency between the General Plan and Zoning as
mandated by California state law and the City of Carlsbad General Plan Land Use
19 Element, in that the P-M/O and OS zones shown on Exhibit ZC 09-07, attached
2Q hereto, implements the proposed Planned Industrial/Office and Open Space General
Plan land use designations.
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3. That the Zone Change is consistent with the public convenience, necessity, and general
22 welfare, and is consistent with sound planning principles in that the OS zoning
designation is an appropriate zone for a recreation facility such as the City of
Carlsbad Municipal Golf Course and the combination zone of P-M/O on the vacant
24 development pads will allow for the development of compatible industrial and office
uses.
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4. The Planning Director has determined that:
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27 a. the project is a(n) subsequent activity of a project for which an EIR was prepared
(City of Carlsbad Municipal Golf Course EIR 97-07), and a notice for the activity has
28 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
of CEQA) [15168(c)(2) and (e)];
PCRESONO. 6716 -2-
b. this project is consistent with the project cited above;
2 c. EIR 97-07 was certified in connection with the prior project;
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d. the project considered the change of Zoning and General Plan Land Use and has no
4 new significant environmental effect not analyzed as significant in the prior EIR; and
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under
5 CEQA Guidelines Sections 15162 or 15163 exist.
7 5. 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
to mitigate impacts caused by or reasonably related to the project, and the extent and the
o degree of the exaction is in rough proportionality to the impact caused by the project.
10 Conditions:
11 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
implemented and maintained according to their terms, the City shall have the right to
13 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
14 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
1 •* 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 Zone Change.
17 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Zone Change documents, as necessary to make them internally
18 consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
20 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
21 regulations in effect at the time of building permit issuance.
22 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
24 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
25 with all requirements of law.
2" 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
~7 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
28 and costs, including court costs and attorney's fees incurred by the City arising, directly
PCRESONO. 6716 -3-
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or indirectly, from (a) City's approval of this Zone Change, (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 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 GPA 09-06, LCPA 09-06, SP 181(G),
and 199(B) and is subject to all conditions contained in Planning Commission
Resolutions No. 6715, 6717 and 6718 for those other approvals incorporated herein by
reference.
7. Developer shall implement, or cause the implementation of, the CARLSBAD
MUNICIPAL GOLF COURSE - EIR 97-07 Project Mitigation Monitoring and
Reporting Program.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on September 15, 2010, by the following vote, to wit:
AYES:
NOES:
Chairperson Douglas, Commissioners Baker, L'Heureux,
Nygaard, and Schumacher
ABSENT: Commissioners Dominguez and Montgomery
ABSTAIN:
FARRATT@».DOUGLAS,
CARLSBAD PLANNING COMMISSION
ATTEST:
(LzL
DON NEU
Planning Director
PCRESONO. 6716 -4-
Exhibit "X"
September 15, 2010
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF
3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO
THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 09-07,
4 FROM PLANNED INDUSTRIAL AND OPEN SPACE TO
PLANNED INDUSTRIAL/OFFICE AND OPEN SPACE ON
5 PROPERTY GENERALLY LOCATED NORTH OF PALOMAR
AIRPORT ROAD, EAST AND WEST OF COLLEGE
6 BOULEVARD, AND SOUTH OF FARADAY AVENUE WITHIN
THE BOUNDARIES OF THE CITY OF CARLSBAD MUNICIPAL
7 GOLF COURSE IN LOCAL FACILITIES MANAGEMENT ZONES
5 AND 8.
8 CASE NAME: CARLSBAD MUNICIPAL GOLF COURSE
MAPPING
9 CASE NO.: ZC 09-07
10 The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
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SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the
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zoning map, is amended as shown on the map marked Exhibit "ZC 09-07," dated September
15, 2010 attached hereto and made a part hereof.
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SECTION II: That the findings and conditions of the Planning Commission as set
forth in Planning Commission Resolution No. 6716 constitute the findings and conditions of the16
City Council.
EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days
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after its adoption but not until Local Coastal Program Amendment LCPA 09-06 is approved by
the California Coastal Commission, and the City Clerk shall certify to the adoption of this
ordinance and cause it to be published at least once in a publication of general circulation in the
City of Carlsbad within fifteen days after its adoption.
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Exhibit "X"
September 15, 2010
1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
2 Carlsbad on the day of 2010, by the following vote, to wit:
3 AYES:
4 NOES:
5 ABSENT:
6
7
8 CLAUDE A. LEWIS, Mayor
ATTEST:
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12 LORRAINE M. WOOD, City Clerk
13 (SEAL)
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ZC 09-07
Exhibit "ZC 09-07"
September 15, 2010
Carlsbad Municipal Golf Course Mapping
EXISTING
PROPOSED
Related Case File No(s): GPA 09-06/LCPA 09-06/CT 09-03
Zoning Designation Changes
Property
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L
M.
N.
21 2-041 -12 thai 37
212-081-01 thru 03
21 2-081 -10 thru 15
212-082-01 thru 04
21 2-082-06 thru 09
21 2-081 -04 thru 09
212-081-16 thru 18
212-082-05
212-082-10
212-081-20
212-010-15
212-010-15
212-081-05
212-081-17
From:
P-M
P-M
P-M
P-M
P-M
P-M
P-M
P-M
P-M
OS
OS
OS
OS
OS
To:
OS
OS
OS
OS
OS
P-M/OS
P-M/OS
P-M/OS
P-M/OS
OS/P-M
OS/P-M
P-M/O
P-M/O
P-M/O