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Home My WebLink About1996-02-21; Planning Commission; Resolution 3900/I 0 e L 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. 3900 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO AMEND 21.35.020 OF THE CARLSBAD MUNICIPAL CODE; AND CREATE THE S ZONE DESIGNATION AND CREATE THE BARRIO SPECIFIC PLAN FOR THE PROPERTIES GENERALLY LOCATED NORTH OF TAMARACK AVENUE, WEST OF INTERSTATE 5, SOUTH OF CARLSBAD VILLAGE DRIVE AND EAST OF THE SAN DIEGO NORTHERN RAILROAD, IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BARRIO SPECIFIC PLAN CASE NO: LCPA 95-05 WHEREAS, California State law requires that the Local Coasta General Plan, and Zoning designations for properties in the Coastal Zone conformance; WHEREAS, the Zoning Ordinance serves as the implementing ordinz the Mello I, Mello 11, Agua Hedionda, East Batiquitos Lagoon, West Batiquitos Lag< Village Redevelopment Area segments of the Local Coastal Program and SP 2 constitute the zoning for the Barrio Specific Plan as well as the implementing ordina the subject Coastal Zone property; and WHEREAS, the City of Carlsbad has filed a verified applicati amendments to the text of the implementing ordinance of the Local Coastal Prog~ shown on Exhibit "Xt, dated February 21, 1996, attached to Planning ComI Resolution No. 3901, Exhibit 'V, dated February 21, 1996, attached to PA Commission Resolution No. 3898 and Exhibit "Y", dated February 21, 1996, attac Planning Commission Resolution No. 3902, both incorporated herein, which has bee with the Planning Commission; and ! // 0 0 I/ 1 ll WHEREAS, said verified application constitutes a request for a Local 2 Program Amendment as provided in Public Resources Code Section 30574 and Ar 3 of the California Coastal Commission Administrative Regulations; and 4 of Subchapter 2, Chapter 8, Division 5.5 of Title 14 of the California Code of Reg1 5 WHEREAS, the Planning Commission did on the 21st day of Februar 6 7 hold a duly noticed public hearing as prescribed by law to consider the propose( I/ Coastal Plan Amendments shown on Exhibits "V'l and "Yl', and; 8 9 WHEREAS, at said public hearing, upon hearing and considering all te5 10 factors relating to the Local Coastal Program Amendment; 11 and arguments, if any, of all persons desiring to be heard, said Commission considt 12 WHEREAS, the City in compliance with State Administrative reg l3 // opened a six week public review for the proposed LCP amendment; and 14 15 NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI 16 /I Commission of the City of Carlsbad as follows: 17 18 B) At the end of the State mandated six week review period, start 19 September 7, 1995, and ending on October 20, 1995 staff shall presenl City Council a summary of the comments received. A) That the foregoing recitations are true and correct. I 20 21 22 23 24 25 C) That based on the evidence presented at the public hearing, the Corn] RECOMMENDS APPROVAL of Local Coastal Program Amendment, 95-05, according to Exhibit V"V, dated February 21, 1996, which CI specific plan text as attached to Planning Commission Resolution NI for SP 209 and according to Exhibit "Y", dated February 21, 1996, contains zoning ordinance text changes as attached to Planning Cornx Resolution No. 3902 for ZCA 95-05 and based on the following findir subject to the following conditions: 2.6 II Findings: 27 28 1. That the proposed Local Coastal Program Amendment is consistent M applicable policies of the Mello I, Mello 11, Agua Hedionda, Village Redevelc PC RES0 NO. 3900 -2- 7 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 0 e Area, West Batiquitos Lagoon and East Batiquitos Lagoon segments of the C Local Coastal Program, in that the creation of a Specific Plan (S) zoning for 1 of Carlsbad allows for more restrictive and site-specific zoning regulations on zone properties; the creation of the Barrio Specific Plan maintains the ! parking, and public works policies of the various Local Coastal Program se and no agricultural lands, environmentally sensitive lands, geologic hazard or shoreline access areas exist within the Barrio Specific Plan area. 2. That the proposed amendments to the implementing ordinance of the Mello : 11, Village Redevelopment Area, Agua Hedionda, West Batiquitos Lagoon ai Batiquitos Lagoon segments of the Carlsbad Local Coastal Program are req1 maintain consistency between the City’s Zoning Ordinance and the City’! Coastal Program. Planning Conditions: 1. The Planning Commission does hereby recommend approval of the Majo: Coastal Program Amendment (Exhibits ‘V, attached to Resolution No. 38: “Y”, attached to Resolution No. 3902, dated February 21, 1996) for the revis the implementing ordinance, including creation of a specific plan and creatia S zone designation entitled “Barrio Specific Plan”, on file in the P Department and incorporated by this reference, subject to the conditions he: forth. Staff is authorized and directed to make all corrections and modifica the Local Coastal Program Amendment documents, as necessary to makt internally consistent and conform to City Council’s final action on the I Development shall occur substantially as shown on the approved exhibits proposed development substantially different from this approval, shall reql amendment to this approval. 2. Approval of LCPA 95-05 is granted subject to the approval of SP 209, GPA ZCA 96-01, ZCA 95-05 and ZC 95-05. LCPA 95-05 is subject to all con contained in Planning Commission Resolution NO’S. 3898,3899,3901,3902 an 3. Approval of LCPA 95-05 is not effective until it is approved by the California ( Commission. If the Coastal Commission approval is substantially differ1 amendment to the City-issued Major Local Coastal Program Amendment (LC 05) shall be required. General Conditions: 4. If any of the foregoing conditions fail to occur; or if they are, by their terms implemented and maintained over time; if any of such conditions fail to implemented and maintained according to their terms, the City shall have tk to revoke or modify all approvals herein granted; deny or further condition is of all future building permits; deny, revoke or further condition all certific occupancy issued under the authority of approvals herein granted; institu prosecute litigation to compel their compliance with said conditions or seek d; PC RES0 NO. 3900 -3- i 1 2 0 0 i 1 1 for their violation. No vested rights are gained by Developer or a SUCCE interest by the City's approval of this Resolution. ~ PASSED, APPROVED, AND ADOPTED at a regular meeting 3 4 5 Planning Commission of the City of Carlsbad, California, held on the 21st day of Fe 1996, by the following vote, to wit: 6 7 a 9 AYES: Chairperson Compas, Commissioners Noble, Saval Welshons NOES: Commissioner Erwin ABSENT: Commissioners Monroy and Nielsen 1 10 11 12 ABSTAIN: None 13 WILLIAM COMPAS, Chdrperson 34 UA*fd CARLSBAD PLANNING COMMISSION 15 16 17 ATTEST: 18 tp I ST'' ph. 2 . . [A /- z".. /[. yL&&&*&,$j 5 4;!./<L7 19 , MICHAEL J. I-~~~ZMILLEY 2o I/ Planning Director 21 22 23 11 24 25 26 27 28 PC RES0 NO. 3900 -4-