HomeMy WebLinkAbout2002-01-16; Planning Commission; Resolution 51361
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PLANNING COMMISSION RESOLUTION NO. 5136
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 ON THE
NORTHEAST CORNER OF POINSETTIA LANE AND
AVIARA PARKWAY IN LOCAL FACILITIES
MANAGEMENT ZONE 20
CASE NAME: CARLSBAD PROMENADE
CASE NO: LCPA 00-08
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, Carlsbad Promenade Partners, LLC, a Delaware limited
liability company, “Developer”/“Owner” has filed a verified application for an amendment to
the Local Coastal Program designations regarding property described as
The northwest quarter of the southwest quarter of the
southwest quarter together with the south half of the southwest
quarter of the southwest quarter both of Section 22, Township
12 south, Range 4 west, San Bernardino Meridian, in the
County of San Diego, State of California, according to the
official plat thereof, together with Lot 1 of Carlsbad Tract No.
91-12, Mariners Point Unit 1, in the City of Carlsbad, County
of San Diego, State of California, according to map thereof no.
13394, filed in the office of the County recorder of San Diego
County, California on January 24,1997
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit “ZC 00-06” attached to Planning Commission
Resolution No. 5135, and made a part hereof, dated January 16, 2002 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
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WHEREAS, the Planning Commission did on the 16th day of January 2002,
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 December 6,
2001 and ending on January 16, 2002, staff shall present to the City Council a
summary of the comments received.
C) That based on the evidence presented at the public hearing, the Commission
OS based on the following findings, and subject to the following conditions:
RECOMMENDS APPROVAL of CARLSBAD PROMENADE - LCPA 00-
Findinm:
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 I1 segment of the Carlsbad Local Coastal Program not being amended by
this amendment, in that the proposed R-1-7,500-Q zoning is consistent with the
existing Residential Low-Medium land use designation and the project is consistent
with applicable policies preserving native habitats and requiring the project to
provide drainage and erosion control measures.
2. That the proposed amendment to the Mello I1 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 I1 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.
...
PC RES0 NO. 5 136 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on the 16th day of January 2002, by the following
vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Compas, Dominguez,
Heineman, Nielsen, and Segall
NOES:
ABSENT:
ABSTAIN:
rn CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5136 -3-