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HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 4575I 0 e 1 2 3 4 5 6 7 8 PLANNING COMMISSION RESOLUTION NO. 4575 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO B€UNG THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, GENERAL PLAN, AND ZONING MAP INTO CONFORMANCE ON PROPERTY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND NORTH OF AVIARA PARKWAY CASE NAME: HADLEY PROPERTY CASE NO: LCPA 98-07 9 10 11 WHEREAS, California State law requires that the Local Coastal : General Plan, and Zoning designations for properties in the Coastal Zone be in conforrna I2 I1 WHEREAS, Spectrum Communities, L.L.C., “Developer”, has filed 2 13 14 described as application regarding property owned by Paul and Peggy Hadley Family Trust, ‘ 15 16 17 18 19 20 A portion of the south half of the southwest quarter of the southeast quarter of Section 22, Township 12 south, Range 4 west, San Bernardino base and meridian, in the County of San Diego, State of California, according to the United States Government Survey. (“the Property”); and WHEREAS, said verified application constitutes a request for a Loca 21 Program Amendment as shown on Exhibit “CC” attached hereto and made a par 22 Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulatic 23 dated July 7, 1999, as provided in Public Resources Code Section 30574 and Artic 26 25 24 27 California Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on the 7th day of July, 199 duly noticed public hearing as prescribed by law to consider said request; and 28 0 0 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 WHEREAS, at said public hearing, upon hearing and considering all t and arguments, if any, of all persons desiring to be heard, said Commission considered 2 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 1 1999, and ending on May 28,1999, staff had received no public commeI proposed Local Coastal Program Amendment. C) That based on the evidence presented at the public hearing, the COI RECOMMENDS APPROVAL of HADLEY PROPERTY - 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 I1 segment of the Carlsbad Local Coastal Program, in that steep slopes containing sensitive habitat will be designated as open space preserved thereby complying with policies regarding the preservation slopes. 2. That the proposed amendment to the Mello II segment of the Carlsbad Local Program is required to bring the designations of the of the City’s General P1. Use Map, Zoning Map (as amended), and Mello I1 Land Use Plan into confo 3. That the project is conditioned to provide the payment of an agricultural co mitigation fee which will mitigate the loss of agricultural resources by prese enhancing other important coastal resources. NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for conver “fees/exactions.” 28 You have 90 days from the date of final approval to protest imposition of these fees/e: If you protest them, you must follow the protest procedure set forth in Government Cod( 66020(a), and file the protest and any other required information with the City Mar PC RES0 NO. 4575 -2- 0 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 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure follow that procedure will bar any subsequent legal action to attack, review, set aside annul their imposition. 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 zoning, grading or other similar application processing or service fees in connection project; NOR DOES IT APPLY to any feedexactions of which you have previously bt a NOTICE similar to this, or as to which the statute of limitations has previously ( expired. PASSED, APPROVED AND ADOPTED at a regular meeting to the Commission of the City of Carlsbad, held on the 7th day of July, 1999, by the followin) wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heure Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. MZM~LER Planning Director PC RES0 NO. 4575 -3- a c LOCAL COASTAL PROGRAM a EXHIBIT JULY 7, LCPA: 98-1 draft W fin: Government Survey.