HomeMy WebLinkAbout1997-05-21; Planning Commission; Resolution 4098r.
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PLANNING COMMISSION RESOLUTION NO. 4098
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE IMPLEMENTING
ORDINANCE (AVIARA MASTER PLAN) OF THE
CARLSBAD LOCAL COASTAL PROGRAM TO REVISE THE
PERMITTED LAND USES AND EXPAND THE BOUNDARY
OF THE AVIARA MASTER PLAN, THEREBY BRINGING
THE DESIGNATIONS ON THE LOCAL COASTAL
PROGRAM, GENERAL PLAN AND ZONING MAP INTO
CONFORMANCE ON PROPERTY LOCATED SOUTH OF
AVIARA PARKWAY BETWEEN AVIARA DRIVE AND
BATIQUITOS DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASENAME: AVIARA LOT 308/AZURE COVE
CASE NO: LCPA 96-1 3
WHEREAS, California State law requires that the Local Coastal Pro{
General Program, and Zoning designations for properties in the Coastal Zone be in conform
and
ANNEXATION
WHEREAS, Aviara Land Associates and Brookfield Carlsbad, “Develol
has filed a verified application for an amendment to the Local Coastal Program design2
regarding property owned by Aviara Land Associates and Brookfield Carlsbad, “Ow
described as
i
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 all of Carlsbad Tract
No.89-19, according to Map No. 12902, filed December 11,
1991, 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 Local C
Program Amendment as shown on Exhibit “X” dated May 21,1997, and attached to Plal
Commission Resolution No. 4096, as provided in Public Resources Code Section 3057
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Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Coc
Regulations of the California Coastal Commission Administrative Regulations; and
WHEREAS, the Planning Commission did on the 21st day of May 1997, h
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testil
and arguments, if any, of all persons desiring to be heard, said Commission considered all fl
relating to the Local Coastal Program Amendment.
WHEREAS, State Coastal Guidelines requires a six week public review peric
any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla~
Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
B) At the end of the State mandated six week review period, starting on Marc
1997, and ending on May 6, 1997, staff shall present to the City COUI
summary of the comments received.
C) That based on the evidence presented at the public hearing, the Comm
RECOMMENDS APPROVAL of LCPA 96-13 based on the following finc
and subject to the following conditions:
Findings:
1. That the proposed Local Coastal Program Amendment is consistent with all appl
policies of the Mello I, Mello I1 and East Batiquitos Lagoon/Hunt Properties sel
of the Carlsbad Local Coastal Program, in that proposed land use change
compatible with the protection of sensitive coastal resources since more I
habitat is being placed into General Plan Open Space and the development sc
for Azure Cove matches the provisions of the Aviara Master Plan.
2. That the proposed amendment to the Mello I, Mello I1 and East Batic
Lagoon/Hunt Properties segment of the Carlsbad Local Coastal Program is requi
maintain consistency between the Aviara Master Plan and the implemc
ordinances of the City’s Local Coastal Program.
i PC RESO NO. 4098 -2-
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Conditions:
1. The Planning Commission does hereby RECOMMEND APPROVAL of the Gc
Plan Amendment for the project entitled Aviara Lot 308/Azure Cove Annexat
LCPA 96-13 (Exhibit “X” dated May 21, 1997, attached to Planning Commi
Resolution No. 4096 and incorporated by this reference), subject to the conditions 1
set forth. Staff is authorized and directed to make, or require Developers to mak
corrections and modifications to the Local Coastal Program Amendment documel
necessary, to make them internally consistent and in conformity with final action c
project. Development shall occur substantially as shown in the approved Exhibits.
proposed development substantially different from this approval, shall requil
amendment to this approval.
2. Approval of LCPA 96-13 is granted subject to the approval of MP 177(S), GPA 9
and ZC 97-03. LCPA 96-13 is subject to all conditions contained in Plan
Commission Resolutions No. 4096,4097 and 4117 for MP 177(S), GPA 96-06 anc
97-03, 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 k
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 1
future building permits; deny, revoke or further condition all certificates of occur
issued under the authority of approvals herein granted; institute and prosecute litigati
compel their compliance with said conditions or seek damages for their violatior
vested rights are gained by Developer or a successor in interest by the City’s appro7
this Local Coastal Program Amendment.
Code Reminders:
4. Approval of this request shall not excuse compliance with all applicable sections o
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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PC RES0 NO. 4098 -3-
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1 PASSED, APPROVED AND ADOPTED at a regular meeting to the Plm
2 11 Commission of the City of Carlsbad, held on the 21st day of May 1997, by the following vo
3 11 wit:
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AYES: Chairperson Nielsen, Commissioners Compas, Heine
Monroy, Noble, Savary and Welshons
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NOES: None
ABSENT: None
ABSTAIN: None
k&rs”&-.*”-- “
ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
Planning Director
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28 PC RES0 NO. 4098 -4-