HomeMy WebLinkAbout2001-12-05; Planning Commission; Resolution 50721
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PLANNING COMMISSION RESOLUTION NO. 5072
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
LOCAL COASTAL PROGRAM TO CHANGE 37.62 ACRES
FROM LIMITED CONTROL (L-C) TO ONE FAMILY
RESIDENTIAL WITH A QUALIFIED DEVELOPMENT
OVERLAY (R-1-7,500-Q), AND A ZONE CHANGE OF 40.41
ACRES FROM LIMITED CONTROL (L-C) TO RESIDENTIAL
DENSITY-MULTIPLE WITH A QUALIFIED DEVELOPMENT
OVERLAY @D-M-Q), BRINGING THE DESIGNATIONS ON
THE LOCAL COASTAL PROGRAM, GENERAL PLAN, AND
ZONING MAP INTO CONFORMANCE ON PROPERTY
LOCATED NORTH AND SOUTH OF POINSETTIA LANE,
BETWEEN AVIARA PARKWAY AND SNAPDRAGON
DRIVE, IN LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: THOMPSON/TABATA
CASE NO: LCPA 98-04
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, Standard Pacific Homes, “Developer”, has filed a verified
application for an amendment to the Local Coastal Program designations regarding property
owned by Standard Pacific Corporation and David B. Thompson and Karen R Thompson,
“Owners”, described as
The northeast quarter of the northeast quarter and the southeast
quarter of the northeast quarter of Section 28, Township 12 South,
Range 4 West, San Bernardino Meridian, according to the official
plat thereof; together with that portion of the southeast quarter of
Section 21, Township 12 South, Range 4 West of the San
Bernardino Meridian, according to the official plat thereof, shown
on Parcel B on a Certificate of Compliance recorded November
7,1988 as File No. 88-569475 and on Record of Survey Map No.
12096, filed on March 23, 1989; all lying within the City of
Carlsbad, County of San Diego, State of California; except
therefrom those portions thereof vested with Tabata Brothers
Partnership by documents recorded November 13, 1972 as File No.
303362 and November 4, 1974 as Files No. 74-292547 and 74-
292548; and except therefrom those portions lying within Poinsettia
Lane and Rose Drive as described in Files No. 89-546752, 89-
637695, go-146889 and 91-0036964 of Official Records
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(“the Property”); and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit LCPA 98-04 dated November 7,200l 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 7th day of November 2001 and
on the 5th day of December 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 June 29,
2000, and ending on November 6,2001, 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 THOMPSON/TABATA - LCPA 98-04
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 it allows for the development of residentially designated lands
PC RESO NO. 5072 -2-
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with residential development and provides consistency between the Land Use
Designations and Zoning designations of the Local Coastal Program.
2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal
Program is required to bring it into consistency with Carlsbad Zoning Map.
Conditions:
1. This approval is grantedsubject to the approval of ZC 98-08, CT 98-14, PUD 98-05, CP
00-02, SDP 99-06, HDP 98-15, and CDP 98-68 and is subject to all conditions
contained in Planning Commission Resolutions No. 5071, 5073, 5074, 5075, 5076,
5077 and 5078 for those other approvals.
2. This approval is granted subject to the approval of the proposed Local Coastal Program
Amendment by the California Coastal Commission. Any revisions to this approval
by the California Coastal Commission must be submitted to and reviewed by the
Planning Department for an evaluation of consistency with this approval; said
revisions may require an amendment to this approval.
PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on the 5th day of December 2001, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez,
Heineman, and Trigas
NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
1.7 - JEFFR&?N. SEGALL, ChaGerson
ATTEST:
Planning Director
PC RESO NO. 5072 -3-
LOCAL COASTAL PROGRAM LCPA: 98-04
draft q final j-J
Project Name: Thompson/Tabata 1 Related Case File No(s): ZC 98-08,
Property/Legal Description(s): The northeast quarter of the northeast quarter and the southeast quarter of the
northeast quarter of Section 28, Township 12 South, Range 4 West, San Bernardino Meridian, according to the
official plat thereof; together with that portion of the southeast quarter of Section 21, Township 12 South, Range 4 West of the San Bernardino Meridian, according to the official plat thereof, shown on Parcel B on a Certificate of
Compliance recorded November 7,1988 as File No. 88569475 and on Record of Survey Map No. 12096, filed on
March 23, 1989; all lying within the City of Carlsbad, County of San Diego, State of California; except therefrom
those portions thereof vested with Tabata Brothers Partnership by documents recorded November 13, 1972 as File No. 303362 and November 4, 1974 as Files No. 74-292547 and 74-292548; and except therefrom those portions
lying within Poinsettia Lane and Rose Drive as described in Files No. 89-546752, 89-637695, go-146889 and 91- 0036964 of Official Records
LCPA Map Designation Change Approvals
Property From: 1 To: Council Approval Date:
A. 214-170-36 L-C 1 R-1-7,500-Q and RD-M-Q Resolution No:
B. 214-l 70-46 L-C 1 R-l -7,500-Q Effective Date:
C. 214-170-58 L-C 1 RD-M-Q Signature:
D. 214-170-59 L-C 1 RD-M-Q
SEE AT-ACHED ~0~3 rh0~~ PARCELS
Property: From: To: E. 214-170-74 L-C R-l -7,500-Q
F. 214-l 70-75 L-C RD-M-Q G. 214-170-76 L-C R-l -7,500-Q H. 214-170-77 L-C R-l -7,500-Q and RD-M-Q
I. 214-l 70-79 L-C RD-M-Q
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