HomeMy WebLinkAbout1989-03-15; Planning Commission; Resolution 2768..
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PLANNING COMMISSION RESOLUTION NO. 2768
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MASTER
PLAN 175(A), TO AMEND EXISTING MASTER PLAN 175 TO ALLOW MINOR ACCESSORY STRUCTURES WITHIN THE REARYARDS OF ALL
PHASE I SINGLE FAMILY LOTS (PLANNING AREA IrC'I) LOCATED
ON THE WEST AND SOUTH SIDES OF NAVIGATOR CIRCLE ALONG
THE SOUTH FACING BATIQUITOS LAGOON BLUFF EDGE AND
OVERLOOKING THE DESILTATION BASIN.
APPLICANT: SAMMIS PROPERTIES
CASE NO. : MP 175(A)
WHEREAS, a verified application for certain property, to wit:
All of lots 1, 2, 3 and 4 of Parcel Map No. 13653,
together with a portion of the west half of Section 33,
Township 12 South, Range 4 West, SBBM, all in the City
of Carlsbad, County of San Diego, State of
California.
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request as
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of
October, 1988, the 2nd day of November, 1988, the 16th day of
November 1988, the 4th day of January, 1989, and the 15th day of
March, 1989 hold a duly noticed public hearing as prescribed by
law, to consider said request; and
WHEREAS, at said pubic 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
Master Plan; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
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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 MP 175(A), based on the
following findings and subject to the following conditions:
Findinss :
1.
2.
The Master Plan Amendment is in compliance with the intent and purpose of the original 45 foot structural setback requirement because through the incorporation of specific accessory use limitations and structural height and encroachment design guidelines, for such accessory uses,
biological and visual impacts to Batiquitos Lagoon will be
avoided. In addition, the project applicant has dedicated
to the City an easement over the 45 t setback area, thereby
enabling the City to clearly regulate accessory uses allowed within this setback area.
This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Planning Director on November 2, 1988 and recommended for approval by the Planning Commission on March 15, 1989. In approving this Negative Declaration the Planning Commission
has considered the initial study, the staff analysis, all
required mitigation measures and any written comments
received regarding the significant effects this project could
have on the environment.
3. The Master Plan Amendment is consistent with the Carlsbad General Plan and with Section 21.38.120 of Title 21, which
regulates amendments of Master Plans.
Conditions
1. Approval is granted for MP 175 (A) as shown on Exhibits rtBtl and tlctl, dated March 15, 1989, incorporated by reference and
on file in the Planning Department. All conditions of MP 175
and of Planning Commission Resolution No. 2485 are hereby
incorporated except as modified by this resolution.
2. This amendment to MP 175 is approved subject to the condition
that the Grant Deed approved by City Council (Resolution No.
' 88-290), establishing a 45 foot open space easement along the Batiquitos Lagoon bluff edge be modified to: (a) also
include bluff edge lots 2-5 of CT 85-14 and (b) permit within the 45 foot setback/open space easement those minor accessory structures identified within this amendment (as shown on
Exhibit ItBlt, dated March 15, 1989) .
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PC RES0 NO. 2768 -2 -
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3. The lagoon public access trail as shown on Exhibits IIAI1-IIBI1, dated March 1, 1989 is approved, subject to the approval of the California Coastal Commission. Any trail revisions mandated by the California Coastal Commission and approved by the City of Carlsbad's Planning 'Director will necessitate that the trail plan be redesigned by the project applicant.
4. Approval is granted for MP 175 (A) subject to the approval of
a Coastal Development Permit Amendment consistent with this
Amendment and subject to the condition that a lagoon public
access trail, as shown on Exhibits llA1l-llB1l, dated March 1,
1989, incorporated by reference and on file in the Planning
Department, is designed, constructed and maintained by the project applicant. This public access trail, or portions
thereof, as approved by the Planning Director, shall be constructed prior to the issuance of a building permit for,
or construction of accessory structures within the rearyards of the bluff edge dwelling units within Planning Area "C" of
MP 175. If the California Coastal Commission approves the
construction of any rearyard minor accessory structures, as
identified in Exhibit B, dated March 15, 1989, prior to the
construction of the lagoon public access trail, then the City
of Carlsbadwill require that Sammis Properties shall provide to the City an adequate bond, letter of credit, or other appropriate security for the construction of this trail, prior to the initiation of construction of any of these
approved rearyard structures.
5. MP-175 (A) is approved subject to the condition that the 3 foot high wrought iron fence proposed along the lagoon side of the public access trail be increased to a height of 4 feet, or that some other adequate barrier, as approved by the Planning Director be provided by the project applicant in its place.
6. MP-l75(A) is approved subject to the condition that the lagoon trail public parking lot, as shown on Exhibit tlA1l,
dated March 1, 1989, be relocated to some other area of the
site, subject to the approval of the Planning Director. An acceptable new location for this lagoon trail and public parking (6 spaces) shall be identified prior to the initiation of construction of the lagoon trail.
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PC RES0 NO. 2768 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 15th day of March, 1989, by the following vote, to wit:
AYES : Chairman Hall, Commissioners: Schramm,
Schlehuber, Holmes, Erwin & Marcus.
NOES : Commissioner McFadden.
ABSENT : None.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. MLZMIYLER
PLANNING DIRECTOR
PC RES0 NO. 2768 -4-