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HomeMy WebLinkAbout1998-10-21; Planning Commission; Resolution 4409s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .m (t PLANNING COMMISSION RESOLUTION NO. 4409 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MASTER PLAN AMENDMENT BY THE AMENDMENT OF THE LANDSCAPE DESIGN CRITERIA FOR PLANNING AREA 19, INCORPORATING THE CALJ- FORNIA COASTAL COMMISSION’S SUGGESTED MODIFI- CATIONS FOR PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF POINSETTIA LANE AND AMBROSIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: AVIARA PLANNING AREA 19 SUGGES- TED MODIFICATIONS CASE NO: MP 177(AA) WHEREAS, the Planning Commission of the City of Carlsbad, Califc reviewed and considered an application for a Master Plan Amendment to provide co1 between the Aviara Master Plan and the City’s Local Coastal Program; and WHEREAS, said application constitutes a request for a Master Plan Am as shown on Exhibit “X”, dated October 21, 1998, attached hereto and made a part here WHEREAS, the Aviara Master Plan was adopted by City Council C No. 9839 on December 22,1987, and constitutes the zoning for the subject property; anc WHEREAS, the Aviara Master Plan was amended through the approv Aviara Phase I11 North land use change, MP 177(U) through City Council Ordini NS-440 on January 6,1998; and WHEREAS, the City Council approved Local Coastal Program Am LCPA 97-06 concurrently with the Aviara Phase I11 North master plan amendment; WHEREAS, on June 9, 1998, the California Coastal Commission appro Master Plan Amendment and Local Coastal Program Amendment with s1 modifications; and 1 /I m a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City of Carlsbad acknowledges receipt of the Californi; Commission’s resolution of certification including suggested modifications for thl Master Plan as set forth in this resolution; and WHEREAS, acceptance of the California Coastal Commission’s L modifications is necessary to comply with the California Coastal Act and C Administrative Code; and WHEREAS, the Planning Commission did on the 21st day of Octobc hold a duly noticed public hearing as prescribed by law to consider said Coastal Cor suggested modifications; and WHEREAS, at said public hearing, upon hearing and considering all tc and arguments, if any, of all persons desiring to be heard, said Commission considered a relating to the Master Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Con RECOMMENDS APPROVAL of AVIARA PA 19 SUGGESTED N CATIONS (MP 177(AA)), according to Exhibit “X”, dated October 2 attached hereto, based on the following findings: Findlingg: 1. The California Coastal Commission’s Suggested Modifications, as shown in “X”, October 21, 1998, attached hereto, are consistent with the City of Ca Local Coastal Program in that they protect sensitive coastal resourcc degradation due to fire suppression for residential development. 2. The acceptance of the proposed Suggested Modifications is necessary to ef the Local Coastal Program Amendment, in accordance with Section 13544.5 14 of the California Code of Regulations. PC RES0 NO. 4409 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m e l 1 3. That the proposed master plan amendment is necessary to retain COI ~ between the Aviara Master Plan and the implementing ordinances for tk Local Coastal Program. PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 21st day of October 199 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, h Nielsen, and Savary NOES: ABSENT: Commissioner Welshons ABSTAIN: BAILE'Y"NO&E Gh . . . .-- L.- -" CARLSBAD PLANNING COMMISSION .", -?, axperson ATTEST: 1 e> ;q \ c. 47 /<(& :* /J,j! ,*igAAA&, ~ MICHAEL J. HOL~ILL~ Planning Director PC RES0 NO. 4409 -3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a e EXHIBIT “X” October 21, 199t ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE AVIARA MASTER PLAN BY THE AMENDMENT OF THE LANDSCAPE DESIGN CRITERIA REQUIREMENTS FOR PLANNING AREA 19, SION’S SUGGESTED MODIFICATIONS. CASE NAME: AVIARA PLANNING AREA 19 SUGGESTED CASE NO.: MP 177(AA) WHEREAS, the City Council of the City of Carlsbad, California has revie considered a Master Plan Amendment to provide consistency between the Aviara Ma and Local Coastal Program; and INCORPORATING THE CALIFORNIA COASTAL COMMIS- MODIFICATIONS WHEREAS, the Aviara Master Plan was adopted by City Council Ordin 9839 on December 22, 1987, and constitutes the zoning for the subject property; and WHEREAS, the Aviara Master Plan has been amended a total of twer since original adoption, most recently for MP 177(Z) through City Council Ordinance N! July 21, 1998; and WHEREAS, the City of Carlsbad acknowledges receipt of the Californiz Commission’s resolution of certification including suggested modifications for the Aviar Plan as set forth in this resolution; and WHEREAS, after procedures in accordance with the requirements of City Council determined that the public interest indicates that said plan amendr approved. NOW, THEREFORE, The City Council of the City of Carlsbad, Califorr ordain as follows: SECTION I: That the Aviara Planning Area 19, “Landscape” section (p~ I be revised to read as follows: Landscape A fire suppression zone subject to the approval of the Planning Director Marshal shall be established between native areas and structures. suppression plan should incorporate structural setbacks from native ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e combination with a program of selective thinning of native vegetation as in the “Fire Suppression Landscape Guidelines for Undisturbed and Rev Native Plant Communities” provided no portion of Zone 1 as define “Guidelines” shall encroach upon deed restricted open space areas ret part of the approval of the Master Plan. All elements of the fire suppres: including the location of zone boundaries and selective thinning progra be subject to approval of the Planning Director. Any deviation from 1 Suppression Landscape Guidelines” shall be the subject of future loca program amendments. EFFECTIVE DATE: This ordinance shall be effective thirty days adoption, and the City Clerk shall certify to the adoption of this ordinance and cause published at least once in a publication of general circulation in the City of Carlsb: fifteen days after its adoption. (Not withstanding the preceding, this ordinance sha, effective within the City’s Coastal Zone until approved by the California Coastal Commi: INTRODUCED AND FIRST READ at a regular meeting of the Carls~ Council on the day of 1998, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of th Carlsbad on the day of 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: ~ ALETHA L. RAUTENKRANZ, City Clerk 1 (SEAL) -2-