HomeMy WebLinkAbout1997-05-21; Planning Commission; Resolution 4097t.
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PLANNING COMMISSION RESOLUTION NO. 4097
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND USE AND
OPEN SPACE ELEMENTS OF THE GENERAL PLAN,
CHANGING A 1.2 ACRE PARCEL FROM OPEN SPACE TO
RESIDENTIAL LOW MEDIUM DENSITY AND CHANGING A
14.4 ACRE PARCEL FROM RESIDENTIAL LOW MEDIUM
DENSITY TO OPEN SPACE ON PROPERTY GENERALLY
LOCATED WITHIN THE AVIARA MASTER PLAN, SOUTH
OF AVIARA PARKWAY BETWEEN POINSETTIA LANE
AND BLACK RAIL COURT IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASENAME: AVIARA LOT 308/AZURE COVE
CASE NO: GPA 96-06
WHEREAS, Aviara Land Associates, “Developer”, has filed a ve
application with the City of Carlsbad regarding property owned by Aviara Land Assoc
“Owner”, described as
ANNEXATION
Lot 308 of Carlsbad Tract 85-35, Unit E, according to Map No.
12413, filed June 29, 1989, in the Office of the County
Recorder, County of San Diego and Lot 36 of Carlsbad Tract
No. 90-37, according to Map No. 13188, filed in the Office of
the County Recorder, County’of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a General
Amendment as shown on Exhibit “Y” dated May 21, 1997, attached, General
Amendment (GPA 96-06), as provided in Chapter 21.52 of the Carlsbad Municipal Code; 2
WHEREAS, the Planning Commission did, on the 21st day of May 1997, I:
duly noticed public hearing as prescribed by law to consider said request;
WHEREAS, at said public hearing, upon hearing and considering all testi
and arguments, if any, of all persons desiring to be heard, said Commission considered all f
relating to the General Plan Amendment.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
Commission of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Pla
Commission RECOMMENDS APPROVAL of General Plan Amendment
96-06, exchanging open space and residential low medium density lan
designations for two parcels, as shown on Exhibit “Y” dated May 21,
Staff is authorized and directed to make, or require Developer to mak
necessary corrections and modifications to the General Plan Amend
documents, as necessary, to make them internally consistent and in confc
with final action on the project, based on the following findings:
Findings:
1. The proposed amendment to the land use element is consistent with goal!
objectives of the various elements of the General Plan in that it assists in crc
and retaining open space while still providing for an orderly balance of land us
2. That the proposed open space area is equal to or greater than the area depicted (
Official Open Space and Conservation Map, as shown on Exhibit ‘‘Y” dated Ms
1997, the total gain in General Plan Open Space is 13.2 acres.
3. That the proposed open space area is of environmental quality equal to or greate:
that depicted on the Official Open Space and Conservation Map, in that the
proposed to be removed from Open Space contains no native vegetation an
area to be added to Open Space contains healthy native habitat and a
successful revegetation area.
4. That the proposed open space, as depicted on the Official Open Space and Conser
Map, is contiguous or within close proximity to open space as shown on the 0
Open Space Map, since there is Official Open Space to the east and south t
proposed open space.
Conditions:
1. The Planning Commission does hereby RECOMMEND APPROVAL of the G
Plan Amendment for the project entitled Aviara Lot 308/Azure Cove Annexa
GPA 96-06 (Exhibit “Y” dated May 21, 1997, attached and incorporated b:
reference), subject to the conditions herein set forth. Staff is authorized and direc
make, or require Developers to make, all corrections and modifications to the G
Plan Amendment documents as necessary, to make them internally consistent 2
conformity with final action on the project. Development shall occur substanti2
shown in the approved Exhibits. Any proposed development substantially differen
this approval, shall require an amendment to this approval.
PC RES0 NO. 4097 -2-
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2. Approval of GPA 96-06 is granted subject to the approval of MP 177(S), LCPA 5
ZC 97-03. GPA 96-06 is subject to all conditions contained in Planning Commj
Resolutions No. 4096, 4098 and 4117 for MP 177(S), LCPA 96-13 and ZC 5
respectively.
General Conditions:
3. 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 t
implemented and maintained according to their terms, the City shall have the rig
revoke or modify all approvals herein granted; deny or further condition issuance
future building permits; deny, revoke or further condition all certificates of OCCUI
issued under the authority of approvals herein granted; institute and prosecute litigatj
compel their compliance with said conditions or seek damages for their violati01
vested rights are gained by Developer or a successor in interest by the City’s appro’
this General Plan Amendment,
Code Reminders:
4. Approval of this request shall not excuse compliance with all applicable sections c
Zoning Ordinance and all other applicable City ordinances in effect at time of bui
permit issuance, except as otherwise specifically provided herein.
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I 1 PC RES0 NO. 4097 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Pk
Commission of the City of Carlsbad, California, held on the 21st day of May 1997, 1
following vote, to wit:
, AYES: Chairperson Nielsen, Commissioners Compas, Hein
Monroy, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
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ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
.....-.. .
ATTEST:
x
Planning Director
PC RES0 NO. 4097 -4-
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1,
e POlNSETTlA 0 LANE “--J
EXHIBIT “Y
MAY 21,19!
LOT 3 os to
1.2 AI
PROPOSED GENERAL PLAN ram SCALE
AVIARA [m
LOT 308 OPEN SPACE TRADE-OIF