HomeMy WebLinkAbout2015-12-16; Planning Commission; Resolution 7139
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO
CHANGE THE LAND USE DESIGNATION FROM PUBLIC (P), PLANNED
INDUSTRIAL (PI), AND OFFICE (O) TO VISITOR COMMERCIAL (VC) ON
PROPERTY GENERALLY LOCATED WEST OF THE CROSSINGS DRIVE AND
EAST OF MARBRISA DRIVE IN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8.
CASE NAME: WESTIN HOTEL AND TIMESHARE
CASE NO: GPA 14-03
WHEREAS, Grand Pacific Resorts, Inc., “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by the City of Carlsbad, “Owner,” described as
Those portions of Lots F and H of Rancho Agua Hedionda, in the County of San
Diego, State of California, according to Partition Map No. 823, filed in the
office of the County Recorder of San Diego County, November 16, 1896; and,
Lot 9 of City of Carlsbad CT 09-03, in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 15902, filed in the office of
the County Recorder of San Diego County, March 4, 2013
(“the Property”); and
WHEREAS, said verified application constitutes a request for a General Plan Amendment
as shown on Exhibit “GPA 14-03” dated December 16, 2015, attached hereto and on file in the Carlsbad
Planning Division, GPA 14-03 – WESTIN HOTEL AND TIMESHARE, as provided in Government Code
Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on December 16, 2015, 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 and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad, as follows:
A. That the above recitations are true and correct.
PLANNING COMMISSION RESOLUTION NO. 7139
PC RESO NO. 7139 -2-
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B. That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of GPA 14-03 – WESTIN HOTEL AND TIMESHARE, based on
the following findings:
Findings:
1. That the property is located adjacent to larger properties that have a general plan land use
designation of Visitor Commercial, that the surrounding properties are developed with visitor
serving uses including a hotel and timeshare resort, LEGOLAND California, and the Carlsbad
Crossings municipal golf course, and that the property is isolated from planned industrial and
office uses in the area.
2. That the Public (P) land use designation is no longer valid for the property since the
government facility, water tank, has been decommissioned and will no longer be used as a
water storage facility.
3. That adopting Visitor Commercial as the land use designation for this property will promote
infill development that makes efficient use of limited land supply, while ensuring
compatibility and integration with existing adjacent uses as well as promoting the continued
growth of visitor-oriented land uses, and providing enhanced opportunities for new hotels
and visitor-services in desirable locations.
4. That the site is near major transportation corridors, Palomar Airport Road and Cannon Road,
and proximate to key visitor draws such as the ocean, LEGOLAND, and business in the Palomar
Airport Road corridor.
5. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed and considered Final EIR 15-02, the environmental impacts therein
identified for this project; the CEQA Findings, and the Program prior to RECOMMENDING
APPROVAL of the project;
b. the Final EIR 15-02, the CEQA Findings, and the Program have been prepared in accordance
with requirements of the California Environmental Quality Act, the State EIR Guidelines and
the Environmental Review Procedures of the City of Carlsbad; and they reflect the
independent judgment of the City of Carlsbad Planning Commission.
6. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and
make each and every one of the findings contained in the CEQA Findings, including feasibility of
mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and
infeasibility of project alternatives.
7. The Planning Commission hereby finds that the Program is designed to ensure that during
project implementation the Developer and any other responsible parties implement the project
components and comply with the feasible mitigation measures identified in the CEQA Findings
and the Program.
8. The Record of Proceedings for this project consists of a Project Environmental Impact Report,
Findings of Fact, and Mitigation Monitoring and Reporting Program which may be found at
1635 Faraday Avenue in the custody of the City Clerk and City Planner.
PC RESO NO. 7139 -3-
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9. The project is consistent with the adopted Airport Land Use Compatibility Plan for the
McClellan-Palomar Airport (ALUCP), dated October 2004, in that the project is compatible with
the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix
of the ALUCP, the proposed land use is compatible with the airport.
Conditions:
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 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 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 or a successor in interest by the City’s approval of this General
Plan Amendment.
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. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development, different
from this approval, shall require an amendment to this approval.
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.
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 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
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 or indirectly,
from (a) City’s approval and issuance 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 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 ZC 14-02 and LCPA 14-03.
. . .
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on December 16, 2015, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Anderson, Commissioners Black, L'Heureux, Montgomery,
and Segall
Commissioner Siekmann
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CARLSBAD PLANNING COMMISSION
ATIEST:
~YL
DON NEU
City Planner
PC RESO NO. 7139 -4-
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THE CROSSINGS DRGPA 14-03 Westin Hotel and Timeshare
December 16, 2015Exhibit "GPA 14-03"
EXISTING
PROPOSED
P PI/OVC OS
VC OS
From:To:A. 212-271-02-00 PI/O VCB. 211-023-07-00 P VCC.
Related Case File No(s): ZC 14-02 / LCPA 14-03 /CT 14-08 / PUD 15-01 / SDP 14-11 / CUP 15-03 /CDP 14-29 / HDP 14-06 / V 14-03 / EIR 15-02General Plan Land Use Designation ChangesProperty
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