HomeMy WebLinkAbout2015-12-16; Planning Commission; Resolution 7141
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO
AMEND THE CARLSBAD RANCH SPECIFIC PLAN WHICH IS THE
IMPLEMENTING ORDINANCE AND TO BRING THE DESIGNATIONS ON
THE LOCAL COASTAL PROGRAM LAND USE AND ZONING MAP INTO
CONFORMANCE WITH THE CITY GENERAL PLAN LAND USE AND ZONING
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: LCPA 14-03
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, 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 Local Coastal Program
Amendment as shown on Exhibit “LCPA 14-03” dated December 16, 2015, attached hereto, as provided
in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14,
Division 5.5; 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 Local Coastal Program Amendment; and
PLANNING COMMISSION RESOLUTION NO. 7141
PC RESO NO. 7141 -2-
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WHEREAS, State Coastal Guidelines requires a six-week public review period for any
amendment to the Local Coastal Program.
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. At the end of the State-mandated six-week review period, starting on October 8, 2015,
and ending on November 18, 2015, staff shall present to the City Council a summary of
the comments received.
C. That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of LCPA 14-03 – WESTIN HOTEL AND TIMESHARE based on
the following findings, and subject to the following conditions:
Findings:
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
Mello II segment of the Carlsbad Local Coastal Program not being amended by this amendment,
in that the proposed amendment to the implementing ordinance, Carlsbad Ranch Specific
Plan, establishes development standards for the continuation of destination resort facilities.
2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is
required to bring it into consistency with the City of Carlsbad General Plan and Zoning maps.
3. 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.
4. 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.
5. 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.
PC RESO NO. 7141 -3-
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6. 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.
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 Local
Coastal Program Amendment.
2. 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
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 Local Coastal Program 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 GPA 14-03 and ZC 14-02.
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