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Home My WebLink About2014-06-04; Planning Commission; Resolution 7057PLANNING COMMISSION RESOLUTION NO. 7057 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENTS TO THE CARLSBAD LOCAL COASTAL PROGRAM TO BRING 4 THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, GENERAL PLAN, AND ZONING MAP INTO CONFORMANCE, ON A 4.53-ACRE SITE 5 WHICH IS LOCATED ON THE SOUTHEAST CORNER OF FISHERMAN DRIVE AND POINSETTIA LANE, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM. CASE NAME: DAYBREAK COMMUNITY CHURCH CASE NO.: LCPA 12-04 26 27 28 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 WHEREAS, Daybreak Community Church of Coastal North County, "Owner/Developer," has filed a verified application for an amendment to the Local Coastal Program designations regarding property described as 6 7 8 9 10 11 12 13 APN 215-080-04 14 East V2 of the northeast quarter of the southwest quarter of the southeast quarter of Section 22, Township 12 South, Range 4 West San 15 Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, as shown on Record of Survey 17470 16 17 18 29 Amendment as shown on Exhibit "LCPA 12-04" dated June 4, 2014, attached hereto, as provided in 20 Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, 21 Division 5.5; and 22 WHEREAS, the Planning Commission did on June 4, 2014, hold a duly noticed public 23 hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony and 25 arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment; and WHEREAS, State Coastal Guidelines requires a six-week public review period for any amendment to the Local Coastal Program. ("the Property"); and WHEREAS, said verified application constitutes a request for a Local Coastal Program 1 2 3 4 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carisbad, as follows: A) That the foregoing recitations are true and correct. B) At the end of the State-mandated six-week review period, starting on May 9, 2014, 5 and ending on June 20, 2014 staff shall present to the City Council a summary of the comments received. 6 7 8 g Findings C) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of DAYBREAK COMMUNITY CHURCH - LCPA 12-04 based on the following findings, and subject to the following conditions: 2Q 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 of the 21 Mello II segment of the Carisbad Local Coastal Program not being amended by this amendment, in that the amendments ensure consistency with the Carlsbad Zoning Ordinance and do not 12 conflict with any coastal zone regulations, land use designations or policies. 13 2. That the proposed amendment to the Mello II segment of the Carisbad Local Coastal Program is required to bring the property's Local Coastal Program Land Use and Zoning Designations into 14 consistency with the proposed General Plan Amendment (GPA 13-01) and Zone Change (ZC 12- 04). 15 " 16 The Planning Commission of the City of Carisbad does hereby find: a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and 17 Mitigation Monitoring and Reporting Program and Addendum for DAYBREAK COMMUNITY CHURCH- GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00- 06(C)/CDP 00-09(C)/HMP 13-02, the environmental impacts therein identified for this ^g project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and 20 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 21 and Addendum has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection 22 Procedures of the City of Carlsbad; and 23 c. it reflects the independent judgment of the Planning Commission of the City of Carisbad; and 24 based on the EIA and comments thereon, there is no substantial evidence the project 25 will have a significant effect on the environment. 26 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. PC RESO NO. 7057 -2- 1.. Conditions: 2 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented 3 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 4 granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein 5 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 or a successor in interest by the City's approval of this Local Coastal Program Amendment. 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 to make g 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 development, 20 different from this approval, shall require an amendment to this approval. 11 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. 12 4. If any condition for construction of any public improvements or facilities, or the payment of any 13 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 14 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. 15 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carisbad, 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 or indirectly, 2g 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 discretionary or nondiscretionary, in 29 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 20 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 21 continues even if the City's approval is not validated. 22 6. This approval is granted subject to the approval of the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, GPA 13-01, ZC 12-04, SDP 00- 23 06(C), CUP 00-06(C), CDP 00-09(C), and HMP 13-02, and is subject to all conditions contained in Planning Commission Resolutions No. 7055, 7056, 7058 and 7059 for those other approvals 24 incorporated herein by reference. 25 7, Developer shall implement, or cause the implementation of, the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, GPA 13-01/ZC 12- 2^ 04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02. 27 28 PC RESO NO. 7057 -3- 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 ofthe Planning Commission of the City of Carlsbad, held on June 4, 2014, by the following vote, to wit: AYES: Chairperson Black, Commissioners Anderson, Segall and Siekmann NOES: Commissioner Scully ABSENT: Commissioner L'Heureux ABSTAIN: ruJ NEIL BLACK, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: L2l DON NEU City Planner PC RESO NO. 7057 -4- Exhibit "LCPA 12-04" June 4, 2014 LCPA 12-04 (Land Use) Daybreak Community Church IRLM OS \ EXISTING PROPOSED Related Case File No(s): GPA 13-01/ZC 12-04/ SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 LCPA Land Use Designation Changes Property From: To; A. 215-080-04 RLM RLM/OS B. C. Exhibit "LCPA 12-04' June 4, 2014 LCPA 12-04 (Zoning) Daybreak Community Church R-1-Q OS —• J.:4; POINSETTIA LN r^DWCFT P-C I EXISTING ;R-1-Q R-1 I j \ II .>1KY ..'^-r' i I NEW CREST' 'MM OS I •J/ 111, ( 1 '^v I 1. P-C PROPOSED Related Case File No(s): GPA 13-01/ZC 12-04/ SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 LCPA Zoning Designation Changes Property From; To; A. 215-080-04 L-C R-1/OS B. C.