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HomeMy WebLinkAbout2001-01-17; Planning Commission; Resolution 48991 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 PLANNING COMMISSION RESOLUTION NO. 4899 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO BRING THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, AND ZONING MAP INTO CONFORMANCE WITH THE GENERAL PLAN, ON PROPERTY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND NORTH OF AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: TABATA CASE NO: LCPA 00-04 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, Canterina, LLC, “Developer,” and “Owner,” has filed a verified application for an amendment to the Local Coastal Program designations regarding property described as The north half of the northwest quarter of the northwest quarter of the northeast quarter of Section 27, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “X,” attached to Planning Commission Resolution No. 4898, and made a part hereof, dated January 17, 2001, TABATA, LCPA 00-04, 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 17th day of January 2001, hold a duly noticed public hearing as prescribed by law to consider said request; and 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, at said public hearing, upon hearing and considering ail 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. W At the end of the State mandated six week review period, starting on October 26, 2000, and ending on December 7, 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 APPROVAL of TABATA - LCPA 00-04 based on the following findings, and subject to the following conditions: Findinus: 1. That the proposed Local Coastal Program Amendment 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 project is consistent with applicable policies requiring the project to provide drainage and erosion control measures. 2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is required to bring the designation of the City’s General Plan Land Use Map, Zoning Map (as amended), and Mello II Implementation (the zoning map) into conformance. 3. That the project is conditioned to provide the payment of an agricultural conversion mitigation fee which will mitigate the loss of agricultural resources by preserving or enhancing other important coastal resources. Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation and Monitoring and Reporting Program and ZC 00-04 and is subject to a11 conditions contained in Planning Commission Resolution No. 4897 and 4898 for those other approvals, PC RESO NO. 4899 -2- ‘ t 2 ‘ l( 11 1; 1: 1L 1: 1C 1’ 1 1’ 21 2 2: 2: 2. 2. 21 2’ 2: -. 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, Compas, Heineman, L’Heureux, and Trigas NOES: ABSENT: Commissioner Nielsen ABSTAIN: 1 CARLSBAD PLAtiING ::zISSION ATTEST: Planning Director PC RESO NO. 4899 -3.