HomeMy WebLinkAbout2001-02-21; Planning Commission; Resolution 49121
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PLANNING COMMISSION RESOLUTION NO. 4912
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,
GENERAL PLAN, AND ZONING MAP INTO
CONFORMANCE ON PROPERTY LOCATED EAST OF
BLACK RAIL ROAD BETWEEN POINSETTIA LANE AND
AVIARA PARKWAY.
CASE NAME: BUERGER SUBDIVISION
CASE NO: LCPA 99-03
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, William and Anita Buerger, “Developer,“/“Owner,” have tiled a
verified application with the City of Carlsbad regarding property, , described as
Parcel 1: The northwest quarter of the southwest quarter of
the northwest quarter of the northeast quarter of Section 27,
Township 12 South, Range 4 West, San Bernardino Base and
Meridian, in the County of San Diego, State of California,
according to United States Government Survey, approved
April 21, 1890.
Parcel 2: The northeast quarter of the southwest quarter of
the northwest quarter of the northeast quarter of Section 27,
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 approved
April 21, 1890.
Parcel 3: An easement for road and public utility purposes
over, under, upon and across the westerly 30 feet of the south
half of the northwest quarter of the northwest quarter of the
northeast quarter of Section 27, Township 12 South, Range 4
West, San Bernardino Base and Meridian, in the County of
San Diego, State of California, according to United States
Government survey approved April 21,189O.
(“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
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4911, and made a part hereof, dated February 21,200l 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 21st day of February, 2001,
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 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 January 11,
2001, and ending on February 22, 2001, 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 BUERGER SUBDIVISION - LCPA 99-03,
based on the following findings, and subject to the following conditions:
Findings:
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 Melio II segment of the Carlsbad Local Coastal
Program is required to bring the designation of the City’s General Plan Land Use
Map, Mello II Land Use Plan designation, Zoning Map (as amended), and Mello II
Implementation (the zoning map) into conformance.
PC RESO NO. 4912 -2-
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Conditions:
1. This approval is granted subject to the approval of the Negative Declaration, ZC 99-05,
CT 99-10, HDP 99-08, and CDP 99-17 and is subject to all conditions contained in
Planning Commission Resolutions No. 4910,4911,4913,4914, and 4915 for those other
approvals.
PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on the 21st day of February, 2001, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman,
Nielsen, and Trigas
NOES:
ABSENT: Commissioner L’Heureux
ABSTAIN:
-Y
JEF&E N. SEGAcChairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
II
MICHAEL J. H%ZtiER
Planning Director
PC RESO NO. 4912 -3.