HomeMy WebLinkAbout1990-12-19; Planning Commission; Resolution 3151.. 0 0
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 3151
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
TO MODIFY PLANNING AREA BOUNDARIES AND REVISE
DEVELOPMENT STANDARDS FOR RESIDENTIAL PLANNING AREAS
25,26,27,28,29 AND 30 AND TO CHANGE PERMITTED PRODUCT
TYPES FROM MULTIPLE FAMILY TO SINGLE FAMILY WITHIN
PLANNING AREAS 26 AND 30 ON PROPERTY GENERALLY
LOCATED IMMEDIATELY NORTH OF BATIQUITOS LAGOON,
SOUTH OF ALGA ROAD AND WEST OF AVIARA PHASE I.
CASE NAME: AVIARA PHASE I1
CASE NO.: MP 177(B)
WHEREAS, a verified application for certain property to wit:
Portion of Sections 22,26,27,28,33 and 34 in Township 12 south,
Range 4 west, in the City of Carlsbad.
MASTER PLAN 177(B) TO AMEND EXISTING MASTER PLAN 177
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 19th day of December, 1990, 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 Master Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
follows ;
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission recommends
APPROVAL of MP 177(B) according to Exhibit "X", attached hereto and made a part hereof,
based on the following findings and subject to the following conditions:
Findings:
1. The proposed Master Plan Amendment is consistent with the intent and purposes of the
original Master Plan 177.
, \I 0 0
2. This Master Plan Amendment is consistent with the City of Carlsbad's Gend Plan and with
1 Section 21.38.120 of Title 21, which regulates amendments of Mastex Plans.
2
3
3. As discussed in the staff report, the amended development standards of the Master Plan will
ensure compliance with all existing City ordinances and policies.
4. As discussed in the staff report, the proposed product type changes are compatiile with 4 surrounding uses and will result in a more balanced mix of product types within the Master
5
6 5. This project will not cause any significant environmental impacts and a Mitigated Negative
Declaration has been issued by the Plannhg Director on September 6, 1990, and
recommending approval for this Mitigated Negative Declaration, the Planning Commission
written comments received regarding significant effects this project could have on the
Plan and City.
7
8
RECOMMENDED FOR APPROVAL by the Planning commission on December 19,1990. In
has considered the initial study, the staff analysis, all required mitigation measures and any
9 environment
10
1. Approval is granted for MP 177(B) as shown on Attachment "Y", dated December 19,1990, 11
Conditions:
12 incorporated by reference and on file in the Planning Department All conditions of MP 177
and of PC Resolution No. 2594 are hereby incorporated except as modified by this
13 resolution.
14
15
16
17
18
19
2. Approval is &ranted for Mp 177(B) subject to the approval of the California Coastal
Commission consistent with this Amendment. Any amendment revisions mandated by the
California Coastal Commission shall require subsequent approval by the City of Carlsbad's
Planning Director.
3. Approval of MP 177(B) is granted subject to approval of LCPA 90-5.
4. MP 177(B) is approved subject to the condition that the project applicant submit 20 copies
of the Master Plan text changes to the Planning Department within two weeks (14 days) of final approval by the California Coastal Comm;ss;On
20
21
*..**
.....
22 .....
23 .....
24
25
.....
27
26
28
.....
PC RES0 NO. 3151 2
1
2
3
4
5
6
7
8
9
10
11
e 0
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of December, 1990, by the
following vote, to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Erwin, Marcus
& Hall.
NOES: None.
ABSENT: Commissioner McFadden.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATI'EST:
12 .
l3 x .
14
15
PLANNING DIRECTOR
16
11
18
19
20
21
22
23
24
25
26
27 PC RES0 NO. 3151 3
28 ll
0 0 EXHIBIT $‘X”
1
2
3
4
5
6
7
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING ORDINANCE NO. 9839 AND
MASTER PLAN 177 TO ALLOW CHANGES IN THE PLANNING
AREA BOUNDARIES AND DEVELOPMENT STANDARDS FOR
PLANNING AREAS 25,26,27,28,29 AND 30 AND TO CHANGE
FAMILY WITHIN PLANNING AREAS 26 AND 30. THE PROPERTY
IS LOCATED ON THE NORTH SHORE OF BATIQUITOS LAGOON,
SOUTH OF ALGA ROAD AND WEST OF AVIARA PHASE I.
APPLICANT: AVIARA PHASE I1 , ’
CASE NO: MP 177CB)
PERMITTED PRODUCT TYPES FROM MULTI-FAMILY TO SINGLE
8
SECTION 1: That Ordinance No. 9839, and Master Plan 177 adopted thereby, is 9
The City Council of the City of Carlsbad, California does ordain as follows:
10 hereby amended.
11
12
13
14
15
16
17
18
19
SECTION 2: That the findings of the Planning Commission contained in Resolution
No. 3151 constitute the findings of the City Council in this matter.
SECTION 3: That amended Master Plan 177(B) is approved subject to all
applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions 1
~ imposed by previous approvals of said plan,
SECTION 4: That Master Plan 177, dated November 4, 1977 as adopted by
Ordinance No. 9839 is hereby amended as shown on the documents marked Attachment ‘7”’ to
Ordinance No. attached hereto and made a part thereof. Except for said amendments,
20
21 remain in full force and effect.
Ordinance No. 9839 and the Master Plan (MP 177) and all the terms and conditions thereof shall
22 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, ’
23
least once in the Carlsbad Journal within fifteen days after its adoption. 24
and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at
25 INTRODUCED AND FIRST READ at a regular meeting of the Garlsbad City Council
26
27
held on the - day of , 1990, and thereafter
28
,a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
PASSED AND ADOPTED at a regular meeting of said City Council held on - day
of , 1990, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
VINCENT F. BIONDO, JR., City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)