HomeMy WebLinkAbout1993-08-18; Planning Commission; Resolution 3532I/
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PLANNING COMMISSION RESOLUTION NO. 3532
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 TEXT OF THE MELLO
11 LOCAL COASTAL PROGRAM TO ACCEPT THE
SUGGESTED MODIFICATIONS CERTIFIED BY THE
CALIFORNIA COASTAL COMMISSION.
CASE NAME: EVANS POINT
CASE NO: LCPA 91-01(AI
WHEREAS, California State law requires that the Local Coastal Program
General Plan, and Zoning designations for properties in the Coastal Zone be il
conformance;
WHEREAS, on November 17, 1992 the California Coastal Commissiol
certified an amendment to the Land Use Map and implementation program of the MeUc
I1 segment of the Local Coastal Program with two suggested modifications;
WHEREAS, before the original amendment request can become effectivel;
certified, the Executive Director of the California Coastal Commission must receivc
documentation that the City has accepted the suggested modifications; and
WHEREAS, the Planning Commission did on the 18th day of August, 1993
hold a duly noticed public hearing as prescribed by law to consider the propose(
suggested modifications to the text of the Mello I1 segment of the Local Coastal Progran
shown on Exhibit 91-01(A), dated August 18, 1993, attached hereto, and;
WHEREAS, at said public hearing, upon hearing and considering a1
testimony and arguments, if any, of all persons desiring to be heard, said Commissiol
considered all factors relating to the Local Coastal Plan Amendment.
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WHEREAS, State Coastal Guidelines require a six week public review perio
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4 of the City of Carlsbad, as follows:
for any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio
5 A) That the foregoing recitations are true and correct.
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B) At the end of the State mandated six week review period, starting on Ma
26, 1993, and ending on July 8, 1993, staff shall present to the Cit
Council a summary of the comments received.
C) That based on the evidence presented at the public hearing, th
Commission recommends APPROVAL of LCPA 91-01 (A), as shown 0:
Exhibit "LCPA 91-01(A)", dated August 18, 1993, attached hereto an1
made a part hereof based on the following findings:
Findinns:
1. The proposed Local Coastal Plan Amendment is consistent with all applicabl
policies of the Mello I1 segment of the Local Coastal Program.
2. The proposed amendment to the Mello I1 segment of the Carlsbad Local Coast:
Program to accept the suggested modifications certified by the California Coast:
Commission is required in order for the Executive Director of the California Coast;
Commission to effectively certify the Local Coastal Program Amendment necessar
for the Evans Point Project to bring the designations of the Local Coastal Prograrr
General Plan and Zoning Map into conformance. ....
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27 PC RES0 NO. 3532 -2-
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11 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin
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2 /I Commission of the City of Carlsbad, held on the 18th day of August, 1993, by th
3 /j following vote, to wit:
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AYES: Chairperson Noble, Commissioners: Betz, Noble, Welshom
Savary & Hall.
6 NOES: Commissioner Erwin.
7 ABSENT: None.
8 ABSTAIN: None.
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13 ATTEST:
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BAILEY NOBIE, Chairperson
CARLSBAD PLANNING COMMISSION
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15 MICHAEL J. H~LZMI~~ER
Planning Director
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EXHIBJT "LCPA 91 -01 (A)"
AUGUST 18,1993
SUGGESTED MODIFICATIONS:
Mello I1 Segment Land Use Plan
. 1. On page 18, under "Environmentally Sensitive Habitat Areas", a new Policy #3-7
shall be add to read: Wetlands and riparian resources outside the lagoon
ecosystems shall be protected and preserved. No direct impacts may be allowed ,
except for the expansion of existing circulation element roads identified in the
certified LCP and those direct impacts associated with installation of utilities (i.e.,
water, sewer, and electrical lines). There must be no feasible less environmentally-
damaging. alternative to the proposed disturbance; any allowable disturbance must
.. be performed in the least environmentally damaging manner. Open space
dedication of sensitive resource areas is required.
Mitigation ratios for any temporary disturbance or permanent displacement of
identified resources shall be determined in consultation with the California
Department of Fish and Game and the U.S. Fish and Wildlife Service. Appropriate
mitigation ratios shall be determined based on site specific information including the
quality of the habitat being disturbed or destroyed and surrounding site conditions.
2. On page 18, under "Environmentally Sensitive Habitat Areas", a new Policy #3-8
shall be added to read: Buffer zones of 100 feet in width shall be maintained
around all identified wetland areas and 50 feet in width shall be maintained around
all identified riparian areas, unless the applicant demonstrates that a buffer of lesser
width will protect the identified resources, based on site-specific information. Such
information shall include, but is not limited to, the type and size of the development
and/or proposed mitigations (such as planting of vegetation or the construction of
fencing) which will also achieve the purposes of the buffer. The buffer shall be
measured landward from the delineated resource. The California Department of
Fish and Game and the United States Fish and Wildlife Senrice shall be consulted
in such buffer determinations. Buffer zones shall be protected through the
execution of open space easements and passive recreational uses are restricted to the
upper half of the buffer zone.
DN:lhNd
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