HomeMy WebLinkAbout2001-01-17; Planning Commission; Resolution 4893PLANNING COMMISSION RESOLUTION NO. 4893
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING THE
CITY COUNCIL: (1) CHANGE THE CARLSBAD LOCAL
COASTAL PROGRAM TO BRING THE DESIGNATIONS ON
THE LOCAL COASTAL PROGRAM, GENERAL PLAN, AND
ZONING MAP INTO CONFORMANCE ON THE TWO
PROPERTIES OWNED BY THE CHARLES B. LEDGERWOOD
TRUST, AND; (2) NOT CHANGE THE EXISTING LOCAL
COASTAL PROGRAM ZONING DESIGNATION ON THE LOT
OWNED BY THE MITZE H. EUBANKS TRUST AND
INSTEAD CONSIDER ALLOWING COMMERCIAL TO
REMAIN AS A CONFORMING USE ON THE LOT AND
ACCORDINGLY DIRECT STAFF TO PROCESS A LOCAL
COASTAL PROGRAM AMENDMENT AND THE
NECESSARY ENVIRONMENTAL REVIEW. THE THREE
AFFECTED LOTS ARE ON THE EAST SIDE OF CARLSBAD
BOULEVARD, BETWEEN TAMARACK AVENUE AND
REDWOOD AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: CARLSBAD BOULEVARD/TAMARACK
ZONE CHANGE
CASE NO: LCPA 00-01
WHEREAS, California State law requires that the Local Coastal Program,
General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and
WHEREAS, the City of Carlsbad has filed a verified application to amend the
Local Coastal Program by changing the zoning designations on property owned by the
Charles B. Ledgerwood Trust and property owned by the Mitze H. Eubanks Trust,
“Owners,” described as
Lots 1 and 2 in Block ‘G’ of Palisades in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 1747, Bled in the Office of the Recorder of said San
Diego County, February 5,1923. (property owned by Charles B.
Ledgerwood Trust)
Parcel 1 of Parcel Map 3713, Bled in the Office of the County
Recorder of San Diego County on April 21, 1975 as file/Page
No. 75-092233 of Official Records. (property owned by Mike H.
Eubanks Trust)
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(“the Properties”); and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on the draft ordinance Exhibit “X” attached to Planning
Commission Resolution No. 4892 and made a part hereof, dated January 17, 2001,
CARLSBAD BOULEVARD/TAMARACK ZONE CHANGE - LCPA 00-01, as provided in
Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of
Title 14 of the California Code of Regulations of the California Coastal Commission
Administrative Regulations; and
WHEREAS, the Planning Commission did on the 3rd day of January 2001, hold
a duly noticed public hearing as prescribed by law, which was subsequently continued to the
17th day of January, 2001 to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Local Coastal Program Amendment.
WHEREAS, State Coastal Guidelines requires a six week public review period
for any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 June 29,
2000, and ending on August 10, 2000, staff shall present to the City Council a
summary of the comments received.
Cl That based on the evidence presented at the public hearing, the Commission
RECOMMENDS the following:
1. That both lots owned by the Charles B. Ledgerwood Trust bordered by Redwood
Avenue on the north and Carlsbad Boulevard on the west be rezoned from C-2
II PC RESO NO. 4893 -2-
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(General Commercial) to R-3 (Multiple-Family Residential), BAOZ (Beach Area
Overlay Zone) based on the following findings;
2. That the lot owned by the Mitze H. Eubanks Trust not be rezoned at this time, and,
instead, that the City Council consider allowing commercial to remain as a
conforming use on the property, and, accordingly, direct staff to conduct the
necessary environmental review and process appropriate public hearing
amendments to the Local Coastal Program.
Findings:
1.
2.
That the proposed Local Coastal Program Amendment for the Charles B. Ledgerwood
Trust properties meets the requirements of, and is in conformity with, the policies of
Chapter 3 of the Coastal Act and all applicable policies of the Mello II segment of the
Carlsbad Local Coastal Program not being amended by this amendment, in that the
Amendment is consistent with the properties’ Local Coastal Program Land Use
designation, does not propose any development, does not affect access, recreational
opportunities, or coastal dependent uses, and does not involve property with any
sensitive habitat.
That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal
Program is required to bring the Local Coastal Program Zoning Map designation for
Charles B. Ledgerwood Trust properties into consistency with the General Plan and
Local Coastal Program land use maps and the accompanying proposed zone change
(ZC 99-08).
PC RESO NO. 4893 -3-,
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PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on the 17th day of January 2001, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compaq Heineman,
L’Heureux, and Trigas
NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
9%is-&
CARLSBAD PLANi+NGt%GISSION
ATTEST:
MICHAEL .I.
Planning Director
PC RESO NO. 4893 -4-