HomeMy WebLinkAbout1999-03-17; Planning Commission; Resolution 4471-I
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1 /I PLANNING COMMISSION RESOLUTION NO. 4471
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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 MELLO I
SEGMENT OF THE CARLSBAD LOCAL COASTAL
PROGRAM TO REVISE THE USE ALLOCATION AND
DEVELOPMENT STANDARDS FOR PLANNING AREA 23,
THEREBY BRINGING THE MELLO I SEGMENT OF THE
LOCAL COASTAL PROGRAM AND THE AVIARA MASTER
PLAN INTO CONFORMANCE ON PROPERTY LOCATED IN
THE NORTHEAST CORNER OF AVIARA PARKWAY AND
BLACK RAIL ROAD IN LOCAL FACILITIES MANAGEMENT
ZONE 19.
CASE NAME: CRISTALLA - AVIARA PA 23
CASE NO: LCPA 97-1 1
I,1 /I WHEREAS, California State law requires that the Local Coastal
l2 11 General Plan, and Zoning designations for properties in the Coastal Zone be in con5
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15 WHEREAS, Brehm - Aviara Development Associates, L.P, “Develo:
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“Owner”, described as ’ 8
ordinances regarding property owned by Brehm - Aviara Development Associal 17
filed a verified application for an amendment to the Local Coastal Program imp11
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Lots 138 and 139 of Carlsbad Tract No. 92-3, Aviara Phase 111,
Unit 6, according to Map No. 13512, filed in the Office of the
County Recorder on December 10, 1997, in the City of
Carlsbad, County of San Diego, State of California.
22 11 (“the Property”); and
23 /I WHEREAS, said verified application constitutes a request for a Loca
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25 I/ Program Amendment as shown on Exhibit “Z” dated March 17, 1999, and att:
26 Planning Commission Resolution No. 4470, as provided in Public Resources Codc
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30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the Califor
of Regulations of the California Coastal Commission Administrative Regulations; and
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WHEREAS, the Planning Commission did on the 17th day of Febru;
and on the 17th day of March, 1999, hold a duly noticed public hearing as prescribed
consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all I
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
1998, and ending on September 7, 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 Cristalla - Aviara PA 23 - LCP
based on the following findings, and subject to the following conditions:
Findinps:
1. That the proposed Local Coastal Program Amendment is consistent with all a]
policies of the Mello I segment of the Carlsbad Local Coastal Program, in that
consistency between the use allocation and development standards of tht
Master Plan and the implementing ordinances without reducing the requj
for slope preservation, habitat preservation and erosion control.
2. That the proposed amendment to the "ello I segment of the Carlsbad Local
Program is required to bring the provisions of the Aviara Master Plan and th
the implementing ordinances into conformance with each other.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all correct
modifications to the Tentative Tract Map document(s) necessary to make them i~
PC RES0 NO. 4471 -2-
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consistent and in conformity with final action on the project. Development sl:
substantially as shown in the approved Exhibits. Any proposed development
from this approval, shall require an amendment to this approval.
2. Approval of LCPA 97-11 is granted subject to the approval of MP 177(X), C
PUD 97-17 and CDP 97-51. CT 97-20 is subject to all conditions con
Planning Commission Resolutions No. 4470, 4472, 4473, and 4474 for ME
CT 97-20, PUD 97-17 and CDP 97-51, respectively.
3. Prior to effectuation of the Local Coastal Program Amendment, the Develc
receive approval of a Local Coastal Program Amendment issued by the (
Coastal Commission that substantially conforms to this approval. If the ap
substantially different, an amendment this approval shall be required.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve~
“fees/exactions.”
You have 90 days from [date of final approval] to protest imposition of these fees/exac
you protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t
~ follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
I You are hereby FURTHER NOTIFIED that your right to protest the specified fees/€
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor 1
zoning, grading or other similar application processing or service fees in connection 7
project; NOR DOES IT APPLY to any feedexactions of which you have previously bel
a NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
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PC RES0 NO. 4471 .3 -
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PASSED, APPROVED AND ADOPTED at a regular meeting to the
Commission of the City of Carlsbad, held on the 17th day of March, 1999, by the :
vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heurc
Nielsen, Noble, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HXZ&ER -
Planning Director
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PC RES0 NO. 4471 -4-