HomeMy WebLinkAbout2010-09-15; Planning Commission; Resolution 67171 PLANNING COMMISSION RESOLUTION NO. 6717
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO CHANGE THE
4 LOCAL COASTAL PROGRAM LAND USE DESIGNATION
FROM PLANNED INDUSTRIAL (PI) AND OPEN SPACE (OS)
5 TO A COMBINATION DISTRICT OF PLANNED
6 INDUSTRIAL/OFFICE (PI/O) AND OS AND TO CHANGE
THE LOCAL COASTAL PROGRAM ZONING FROM
7 PLANNED INDUSTRIAL (P-M) AND OPEN SPACE (OS) TO A
COMBINATION DISTRICT OF PLANNED
8 INDUSTRIAL/OFFICE (P-M/O) AND OS TO BRING THE
LAND USE AND ZONING DESIGNATIONS ON THE LOCAL
COASTAL PROGRAM INTO CONFORMANCE WITH THE
10 GENERAL PLAN AND ZONING MAPS ON PROPERTY
GENERALLY LOCATED NORTH OF PALOMAR AIRPORT
11 ROAD, EAST AND WEST OF COLLEGE BOULEVARD, AND
SOUTH OF FARADAY AVENUE WITHIN THE
12 BOUNDARIES OF THE CITY OF CARLSBAD MUNICIPAL
13 GOLF COURSE IN LOCAL FACILITIES MANAGEMENT
ZONES 5 AND 8.
14 CASE NAME: CARLSBAD MUNICIPAL GOLF COURSE
MAPPING
15 CASE NO: LCPA 09-06
WHEREAS, California State law requires that the Local Coastal Program,
17 General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and'
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WHEREAS, the City of Carlsbad, "Developer and Owner," has filed a verified
„„ application for an amendment to the Local Coastal Program designations regarding property
21 described as
22 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
23 through 26 of Carlsbad Tract CT 85-17 per Map No. 12903 filed
24 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,
25 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
28 WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit LCPA 09-06 dated September 15, 2010, attached
hereto, as provided in Public Resources Code Section 30514 and Section 13551 of California
2 Code of Regulations Title 14, Division 5.5; and
3
WHEREAS, the Planning Commission did on September 15, 2010, hold a duly
4
noticed public hearing as prescribed by law to consider said request; and
+}
5 WHEREAS, at said public hearing, upon hearing and considering all testimony
7 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Local Coastal Program Amendment; and
9 WHEREAS, State Coastal Guidelines requires a six-week public review period
10
for any amendment to the Local Coastal Program.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
13 Commission of the City of Carlsbad, as follows:
14 A) That the foregoing recitations are true and correct.
15 B) At the end of the State-mandated six-week review period, starting on May 7,
. ,• 2010 and ending on June 18, 2010, staff shall present to the City Council a
summary of any comments received, if any.
17
C) That based on the evidence presented at the public hearing, the Commission
18 RECOMMENDS APPROVAL of CARLSBAD MUNICIPAL GOLF
COURSE MAPPING - LCPA 09-06 based on the following findings, and
subject to the following conditions:
20 Findings:
21
1. That the proposed Local Coastal Program Amendment meets the requirements of, and is
22 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 PI/O land use
24 designation and P-M/O zoning designation is consistent with the proposed Planned
Industrial/Office (PI/O) General Plan Land Use designation and the Planned
25 Industrial/Office (P-M/O) zoning designation; the development does not obstruct
public views of the coastline as seen from public lands or rights-of-way; the project
26 complies with erosion and storm water control measures; sensitive resources are
protected onsite, public access includes a portion of the Carlsbad citywide trail
system, no water oriented recreational activities exist on or near the site; and the
28 site is located 2,200 feet from the water's edge of Agua Hedionda Lagoon and 1.3
miles from the Pacific Ocean. The Carlsbad Municipal Golf Course was approved
by Conditional Use Permit 97-07 and constructed on property with a General Plan
PCRESONO. 6717 -2-
Land Use designation and Zoning of Planned Industrial and Open Space. The
2 Local Coastal Program Amendment changes all but 18.5 acres of the existing
Planned Industrial designations to Open Space, changes .843 acres of Open Space to
3 Planned Industrial, and 2.7 acres of Open Space to Planned Industrial/Office and
results in a net increase in both General Plan Land Use and Zoning Open Space
over the entire project property of 186.53 acres.
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
Zoning designations into consistency with the City's General Plan Land Use and
7 Zoning designations.
8 3. The Planning Director has determined that:
" 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
been given, which includes statements that this activity is within the scope of the EIR
11 approved earlier, and that the EIR adequately describes the activity for the purposes
of CEQA) [15168(c)(2) and (e)];
12
b. this project is consistent with the project cited above;
14 c. EIR 97-01 was certified in connection with the prior project; and
15 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-
16 01;
17 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under
1 g CEQA Guidelines Sections 15162 or 15163 exist.
19 4. 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
degree of the exaction is in rough proportionality to the impact caused by the project
22 Conditions:
23 l. 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
25 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
26 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
20 or a successor in interest by the City's approval of this Local Coastal Program
Amendment.
PCRESONO. 6717 -3-
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
6
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.
10
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 of this Local Coastal Program Amendment,
(b) City's approval or issuance of any permit or action, whether discretionary or
14 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 GPA 09-06, ZC 09-07, SP 181(G),
and SP 199(B) and is subject to all conditions contained in Planning Commission
Resolutions No. 6715, 6716 and 6718 for those other approvals incorporated herein by
2Q reference.
21 7. Developer shall implement, or cause the implementation of, the CARLSBAD
MUNICIPAL GOLF COURSE - EIR 97-07 Project Mitigation Monitoring and
22 Reporting Program.
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PCRESONO. 6717 -4-
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PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, 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:
FARRATf'Gs.D.OUGLAS,
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PCRESONO. 6717 -5-
Exhibit "LCPA 09-06"
September 15, 2010
LCPA 09-06 (Zoning) Carlsbad Municipal Golf Course Mapping
EXISTING
,Ut ^ti
I p-MsA
PROPOSED
Related Case File No(s): GPA 09-06/ZC 09-07/CT 09-03
LCPA Zoning Designation Changes
Property
A.
B.
C.
D.
E.
F.
G.
H.
1.
J.
K.
L.
M.
N.
212-041-12 thru 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
LCPA 09-06 (Land Use)
OSPI/O
PI/O
PICOLLEGEBLCANNON RDFARADAY AVRUTHERF
ORD RD
B A L B O A C R
THE CROSSI
NGS DRVAN ALLEN W Y
DAR
WIN CT
SALK AV
P A L O M A R AIRPORT RD
PALOMAR PO INT WYMARBRISA CR
PA
L
O
M
A
R OAK
S
W
YASTON AV
KE LL O G G AVEXISTING
PROPOSED
Carlsbad Municipal Golf Course MappingSeptember 15, 2010Exhibit "LCPA 09-06"
OS
PIT-R
RL
PI
G
RLMRMH
PIPI
PI
C O LLEGE BLFARADAY AVCANNON RDASTON AV
P A L O MAR AIRPORT RD
G
RAND P
A
C
I
F
I
C DR VAN ALLEN WYDRYDEN PLFrom:To:A.212-041-12 thru 37 PI OSB.212-081-01 thru 03 PI OSC.212-081-10 thru 15 PI OSD.212-082-01 thru 04 PI OSE.212-082-06 thru 09 PI OSF.212-081-04 thru 09 PI PI/OSG.212-081-16 thru 18 PI PI/OSH.212-082-05 PI PI/OSI.212-081-20 OS OS/PIJ.212-082-10 OS OS/PIK.212-010-15 OS OS/PIL.212-010-15 OS PI/OM.212-081-05 OS PI/ON.212-081-17 OS PI/O
Related Case File No(s): GPA 09-06/ZC 09-07/CT 09-03LCPA Land Use Designation ChangesProperty