HomeMy WebLinkAbout2004-03-02; City Council; Resolution 2004-071RESOLUTION NO. 2004-071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT
TO THE MELLO II SEGMENT OF THE CARLSBAD LOCAL
COASTAL PROGRAM TO BRING THE LAND USE
DESIGNATIONS IN THE LOCAL COASTAL PROGRAM
INTO CONFORMANCE WITH THE CARLSBAD GENERAL
PLAN AND ZONING MAP ON PROPERTY LOCATED
NORTH OF FARADAY AVENUE AT THE SOUTHERN
TERMINUS OF TWAIN AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 8.
CASE NAME: KIRGIS TENTATIVE MAP
CASE NO: LCPA 03-01
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, Pergola, Inc., “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Kirgis 1996 Trust, “Owner,” described
as
All that portion of Lot ‘IF” of Rancho Agua Hedionda, in the
County of San Diego, State of California, as shown on
Partition Map thereof No. 823, filed in the Office of the
County Recorder of San Diego County, on November 16,
1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Local
Coastal Program Amendment as shown on Exhibit “LCPA 03-01 - Zoning” dated
September 3, 2003 attached hereto and on file in the Planning Department, as provided
in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2,
Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal
Commission Administrative Regulations; and
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WHEREAS, the Planning Commission did on the 3rd day of September
2003, on the 17th day of September 2003, and on the 5th day of November 2003 hold
duly noticed public hearings as prescribed by law to consider said request; and
WHEREAS, at said public hearings, 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.
WHEREAS, State Coastal Guidelines requires a six week public review
period for any amendment to the Local Coastal Program; and
WHEREAS, the City Council of the City of Carlsbad, did on the 3rd day of
February, 2004, hold a public hearing to consider the recommendations and heard all
persons interested in or opposed to GPA 03-01/ZC 03-01/LCPA 03-01/CT 02-06/PUD
02-02/CDP 02-05/HDP 02-01 ,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of
the City of Carlsbad, as follows:
A.
B.
That the foregoing recitations are true and correct.
The State mandated six-week review period, started on July IO, 2003, and
ended on August 21,2003. No comments have been received.
C. That based on the evidence presented at the public hearing, LCPA 03-01
is approved, 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 land use
designation changes will be consistent with the proposed development and
conservation of the property.
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Resolution No. 2004-071 page 2 4f
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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 Land Use and Zoning Maps.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, held on the 2nd day of March , 2004
by the following vote, to wit:
AYES:council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None - ABSENT: None
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Resolution No. 2004-071 page 3