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HomeMy WebLinkAbout1995-11-15; Planning Commission; Resolution 3834ll 0 0 * 1 2 3 4 5 6 7 8 9 PLANNING COMMISSION RESOLUTION NO. 3834 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM AMENDMENT TO DEVELOP 131 DETACHED, CLUSTERED AIR SPACE OWNERSHIP SINGLE FAMILY HOMES ON 20 RESIDENTIAL LOTS ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF ALGA ROAD AND BATIQUITOS DRIVE WITHIN PLANNING AREA 5 OF THE AVIARA MASTER PLAN IN THE SOUTHWEST QUADRANT OF THE CITY. CASE NAME AVIARA - PLANNING AREA 5 CASE NO: LCPA 95-11 10 WHEREAS, California State law requires that the Local Coastal l1 General Plan, and zoning designations for properties in the Coastal Zone 12 13 14 15 application to the Local Coastal Program with the Planning Department; and 16 WHEREAS, said verified application constitutes a request for a Local ( 17 Program Amendment as provided in Public Resources Code Section 30574 and Arl l8 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regu conformance; WHEREAS, Western Pacific Housing has filed a verified amea l9 // of the California Coastal Commission Administrative Regulations; and 20 21 WHEREAS, the Planning Commission did on the 15th day of Nov 22 1995, hold a duly noticed public hearing as prescribed by law to consider the proposec 23 25 WHEREAS, at said public hearing, upon hearing and considering all tes 24 Coastal Program Amendment LCPA 95-11, and; and arguments, if any, of all persons desiring to be heard, said Commission considt 26 27 factors relating to the Local Coastal Program Amendment. 28 WHEREAS, State Coastal Guidelines requires a sixweek public review for any amendment to the Local Coastal Program. I 1 e e NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1' 2 Commission of the City of Carlsbad, as follows: 3 A) That the foregoing recitations are true and correct. 4 5 6 7 8 9 10 11 B) At the end of the State mandated six week review period, start September 27, 1995, and ending on November 8, 1995, staff shall pre; the City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Corn RECOMMENDS APPROVAL of Local Coastal Program Amendment 95-11, according to Exhibit "X" which contains master plan text chal attached to Planning Commission Resolution No. 3833 for MP 177(1 made a part hereof based on the following findings and subject following conditions: Findings: 12 1. That the proposed Local Coastal Program Amendment is consistent w in that no policy changes are proposed, only modified development standards : 13 applicable policies of the Mello I segment of the Carlsbad Local Coastal Pri 14 planning area (PA 5) within the Aviara Master Plan. 15 2. That the proposed amendment to the Mello I segment of the Carlsbad Local ( Program is required to maintain consistency between the City's Zoning Ord 16 (via the Aviara Master Plan), the City's General Plan and applicable 1 regulations and provisions. 17 18 Conditions: 19 20 21 22 23 24 25 1. The Planning Commission does hereby recommend approval of the Local ( Program Amendment (Exhibit "X", dated November 15, 1995 and attac Planning Commission Resolution No. 3833) for the Aviara Master Plan entitled "Aviara PA 5 - Western Pacific" (Exhibits "A" - "Q, dated Novem; 1995), subject to the conditions herein set forth. Staff is authorized and dire make or require the Developer to make all corrections and modifications project's exhibits and/or documents, as necessary to make them internally co1 and conform to City Council's final action on the project. Development shal substantially as shown on the approved exhibits. Any proposed develc substantially different from this approval, shall require an amendment approval. 26 2. Approval of LCPA 95-11 is granted subject to the approval of CT 90-09(A), CI Commission Resolution Nos. 3835,3836,3833 for CT 90-09(A), CP 95-01 a 27 and MP 177(P). LCPA 95-11 is subject to all conditions contained in PI 28 177(P), respectively. PC RES0 NO. 3834 -2- 8 b 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 I 0 e 3. Approval of LCPA 95-11 is not effective until it is approved by the California C Commission. If the Coastal Commission approval is substantially differe amendment to City-issued Major Local Coastal Program Amendment (LCPA shall be required. PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, held on the 15th day of November, l! the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Monroy, and Savary NOES: Commissioner Erwin ABSENT: Commissioner Nielsen ABSTAIN: None KIM ~JELSHONS, Chairperson CARLSBAD PLANNING COMMl ATEST: , Planning Director ~ PC RES0 NO. 3834 -3-