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HomeMy WebLinkAbout1998-12-16; Planning Commission; Resolution 4436r Q 1 L 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 PLANNING COMMISSION RESOLUTION NO. 4436 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL, PROGRAM AND IMPLEMENTING ORDINANCE (AVIARA MASTER PLAN) OF THE CARLSBAD LOCAL COASTAL PROGRAM TO REVISE DEVELOPMENT STANDARDS FOR PLANNING AREA 19, THEREBY BRINGING THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, GENERAL PLAN, AND ZONING MAP INTO CONFORMANCE ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF AMBROSIA LANE AND POINSETTIA LANE CASE NAME: BRTNDISI CASE NO: LCPA 97-10 WHEREAS, California State law requires that the Local Coastal General Plan, and Zoning designations for properties in the Coastal Zone be in conform2 WHEREAS, Brehm-Aviara I11 Development Associates, L.P., “De has filed a verified application to the Local Program regulatory text regarding property 1 property owned by, Brehm-Aviara I11 Development Associates, L.P., “Owner”, descri Lots 3 and 4 of City of Carlsbad Tract 92-3, Aviara Phase I11 Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13434, filed in the office of the County Recorder of San Diego County, on June 23,1997 (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Program Amendment as shown on Exhibit “X” dated December 16, 1998, atta Planning Commission Resolution No. 4437, and incorporated by this reference, as prc Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Divisic Title 14 of the California Code of Regulations of the California Coastal Con Administrative Regulations; and r 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 e WHEREAS, the Planning Commission did on the 16th day of Decem1 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all and arguments, if any, of all persons desiring to be heard, said Commission considered i relating to the Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a six week public review 1 any amendment to the Local Coastal Program. 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) At the end of the State mandated six week review period, starting on OCI 1998 and ending on December 11,1998, staff shall present to the City ( summary of the comments received. C) That based on the evidence presented at the public hearing, the Cor RECOMMENDS APPROVAL of BRINDISI, LCPA 97-10, on the f findings, and subject to the following conditions: Findinys: 1. That the proposed Local Coastal Program Amendment is consistent with all a1 policies of the Mello I segment of the Carlsbad Local Coastal Program, in proposed revisions to the development standards do not adverse11 environmentally sensitive resources, prime agricultural lands, scenic re public access to the Coastal Zone or geologic stability. 2. That the proposed amendment to the Mello I segment of the Carlsbad Local Program is required to maintain consistency between the Aviara Master Plan implementing ordinances of the City’s Local Coastal Program. Conditions: 1. Staff is authorized and directed to make, or require the Developer to make, all COI and modifications to the Local Coastal Program Amendment documents, as n to make them internally consistent and in conformity with the final action on the Development shall occur substantially as shown on the approved Exhibit “X”, 2 PC RES0 NO. 4436 -2- r 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 to Planning Commission Resolution No. 4437. Any proposed developmen from this approval, shall require any amendment to this approval. 2. Approval of LCPA 97-10 is granted subject to the approval of MP 177(W), C CP 98-10, and CDP 97-46. LCPA 97-10 is subject to all conditions cor Planning Commission Resolutions No. 4437,4441,4438,4439 and 4435 respec PASSED, APPROVED AND ADOPTED at a regular meeting to the Commission of the City of Carlsbad, held on the 16th day of December, 1998, by the vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, P Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4436 -3-