HomeMy WebLinkAbout2015-12-16; Planning Commission; Resolution 7140
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE
CHANGE FROM EXCLUSIVE AGRICULTURE (E-A), PLANNED INDUSTRIAL
(P-M) AND OFFICE (O) TO COMMERCIAL TOURIST (C-T) WITH A
QUALIFIED DEVELOPMENT OVERLAY ZONE (Q) 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: ZC 14-02
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 application constitutes a request for a Zone Change as shown on
Exhibit “ZC 14-02” dated December 16, 2015, attached hereto and on file in the Planning Division, ZC
14-02 – WESTIN HOTEL AND TIMESHARE, as provided by Chapter 21.52 of the Carlsbad Municipal
Code; and
WHEREAS, the proposed Zone Change is set forth in the draft City Council Ordinance,
EXHIBIT “ZC 14-02” dated December 16, 2015, and attached hereto ZC 14-02 – WESTIN HOTEL AND
TIMESHARE; 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 Zone Change.
PLANNING COMMISSION RESOLUTION NO. 7140
PC RESO NO. 7140 -2-
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A. That the foregoing recitations are true and correct.
B. That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of ZC 14-02 – WESTIN HOTEL AND TIMESHARE, based on
the following findings and subject to the following conditions:
Findings:
1. That the proposed Zone Change from Exclusive Agriculture (E-A), Planned Industrial (P-M), and
Office (O) to Commercial Tourist (C-T) and a Qualified Development Overlay (Q) is consistent
with the goals and policies of the various elements of the General Plan, in 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 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 Element, in
that the request for a Zone Change to C-T-Q is accompanied by a request for a General Plan
Land Use change to establish the property as Visitor Commercial (VC) and the Commercial
Tourist Zoning implements the Visitor Commercial Land Use.
3. That the Zone Change is consistent with the public convenience, necessity, and general welfare,
and is consistent with sound planning principles in 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, 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, 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.
4. 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.
5. 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
PC RESO NO. 7140 -3-
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mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and
infeasibility of project alternatives.
6. 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.
7. 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.
8. 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.
9. 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.
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 Zone
Change.
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 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.
. . .
Exhibit “ZC 14-02”
December 16, 2015
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD
MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO
GRANT A ZONE CHANGE FROM EXCLUSIVE AGRICULTURE (EA),
PLANNED INDUSTRIAL (PM), AND OFFICE (O) TO COMMERCIAL
TOURIST (C-T) WITH A QUALIFIED DEVELOPMENT OVERLAY (Q)
FOR 3.6 ACRES 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.: ZC 14-02
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the City Council did on the _______ day of __________, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit “ZC 14-02” dated December 16, 2015, attached hereto and made a part hereof; and
WHEREAS at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council considered all factors
relating to the “ZC 14-02 – WESTIN HOTEL AND TIMESHARE.”
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
follows:
SECTION I: That section 21.05.030 of the Carlsbad Municipal Code, being the
zoning map, is amended as shown on the map marked “ZC 14-02” dated December 16, 2015
attached hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 7140 shall also constitute the findings and conditions of
the City Council.
ORDINANCE NO.
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EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days
after its adoption, 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. Notwithstanding the preceding, this ordinance shall not be
effective until approved by the California Coastal Commission.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
on the day of 2016, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
(SEAL)
GR
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DPACIFICDR
THE CROSSINGS DRGR
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D
PACIFICDR
THE CROSSINGS DRZC 14-02 Westin Hotel and Timeshare
December 16, 2015Exhibit "ZC 14-02"
EXISTING
PROPOSED
C-T-Q
OS
C-T-Q
E-A P-M/O
OS
C-T-QC-T-Q
From:To:A. 212-271-02-00 P-M/O C-T-QB. 211-023-07-00 E-A C-T-QC.
Related Case File No(s): GPA 14-03 / 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 15-02Zoning Designation ChangesProperty