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Home My WebLink About2002-09-18; Planning Commission; Resolution 52741 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. 5274 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM (LCP) TO AMEND TEXT WITHIN THE MELLO I SEGMENT OF THE LCP DOCUMENT, AND TO CHANGE THE LCP LAND USE DESIGNATION FROM “N“ TO “RM,” THE LCP ZONE DESIGNATION FROM “C-1-Q” TO “RDM-Q,” AND TO OVERLAY ZONE, THEREBY BRINGING THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, GENERAL PLAN, AND ZONING MAP INTO CONFORMANCE ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 5 AND POINSETTIA LANE. CASE NAME: SMITH PROPERTY LAND USE CHANGE CASE NO: LCPA 02-05 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, “Applicant,” has filed a verified application for an amendment to the Local Coastal Program document text, and Local Coastal Program designations regarding property owned by Caroline’s Survivor’s Trust (Caroline Smith), “Owner,” described as REMOVE THE COMMERCIAL VISITOR-SERVING Lot 171 of Carlsbad Tract 73-24, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7996, filed in the Office of the County Recorder of San Diego County, August 5,1974 (“the Property”); and WHEREAS, the proposed Local Coastal Program text amendment is set forth in the draft City Council Ordinance, Exhibit “A,” dated September 4, 2002, and attached hereto SMITH PROPERTY LAND USE CHANGE - LCPA 02-05; and WHEREAS, said verified application also constitutes a request for a Local Coastal Program Amendment as shown on Exhibits “B” and “C,” dated September 4,2002, as 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 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 4th day of September 2002 and on the 18th day of September 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 June 20, 2002 and ending on August 1, 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 RECOMMENDS APPROVAL of SMITH PROPERTY LAND USE CHANGE LCPA 02-05 based on the following findings, and subject to the following conditions: FindinPs: 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 I Segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the proposed RDM-Q zone is consistent with the proposed RM (Residential Medium Density) land use designation. 2. That the proposed land use and zone designation amendment to the Mello I Segment of the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed General Plan Land Use designation (RM) and Zoning Ordinance zone designation OM-Q). PC RES0 NO. 5274 ' -2- 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 3. That the proposed text amendment to the Mello I Segment of the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed land use and zone designations, and to incorporate land use policies established with the original adoption of the Mello I1 Segment, which supercede the policies in the Mello I Segment. 4. That the removal of the Commercial Visitor Serving Overlay Zone is necessary because it only applies to commercial land uses and not to the residential land uses permitted in the proposed RDM-Q zone. Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declaration, Addendum and Mitigation Monitoring and Reporting Program for GPA 02-02, ZC 02-03 and LCPA 02-05, and as specified in Planning Commission Resolution No. 5271, and subject to the approval of the proposed GPA 02-02 and ZC 02-03. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 18th day of September 2002, by the following vote, to wit: AYES: Commissioners Dominguez, Heineman, Segall, and Whitton NOES: Commissioners Baker and White ABSENT: Chairperson Trigas ABSTAIN: None nn R', Vice-Chairperson COMMISSION ATTEST: MIC-L J. &%Zh&hER Planning Director PC RES0 NO. 5274 -3- 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 EXHIBIT “A” September 4,2002 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP AND THE LOCAL COASTAL PROGRAM ZONING MAP TO GRANT A ZONE CHANGE FROM C-1-Q TO RDM-Q, AND TO REMOVE THE COMMERCIAL VISITOR-SERVING OVERLAY ZONE ON PROPERTY LOCATED ON THE SOUTHEAST CORNER OF INTERSTATE 5 AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 4, AND AMENDING THE TEXT OF SECTION 2 “OCCIDENTAL LAND, INC.” POLICY 1 OF THE MELLO I SEGMENT OF THE LOCAL COASTAL PROGRAM. CASE NAME: SMITH PROPERTY LAND USE CHANGE CASE NO.: ZC 02-03 / LCPA 02-05 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Section 21.05.030 of the Carlsbad Municipal Code, being the zoning map, is amended as shown on the map marked Exhibits “ZC 02-03,” “LCPA 02-05 Land Use Map” and “LCPA 02-05 Zoning,” attached hereto and made a part hereof. SECTION 11: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 5271, 5273 and 5274 constitute the findings and conditions of the City Council. SECTION 111: That the Section 2 “Occidental Land, Inc.” Policy 1 of the Mello I Segment of the City of Carlsbad Local Coastal Program shall read as follows: “2. Occidental Land, Inc. Policy 1 - Land Uses NOTE: The “Occidental Land, Inc.” landowners elected to pay an agriculture conversion fee as required by the Agricultural Subsidy Program established by the Mello I1 LCP Segment (AB 1971) adopted and certified by the Coastal Commission on June 3, 1981. With the election to pay the agriculture conversion fee, the Agricultural Subsidy Program allowed the “Occidental Land, Inc.” properties to be developed in accordance with the land uses described below. 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 Pursuant to State Legislation in 1984, the Agricultural Subsidy Program was replaced with the Agriculture Conversion Mitigation Fee (Public Resource Code Section 30171.2 and 30171.5) (Mello I1 Segment Policy 2- 1 Option 3). As per Public Resource Code Section 30171.2, the land use policies established in 1981 by the adoption of the Mello I1 Segment remained “operative” even though the Agricultural Subsidy Program was replaced. The Occidental Land parcels are hereby designated as follows: The area located east of Interstate 5 and north of Poinsettia Lane shall be designated for residential use at a maximum density of 8 dwelling units per acre. The area located east of Interstate 5 and south of Poinsettia Lane shall be designated for residential use at a maximum density of 8 dwelling units per acre. The area located west of Interstate 5 and south of Poinsettia Lane shall be designated for visitor-serving or neighborhood commercial development according to Chapter 2 1.26 of the Carlsbad Zoning Ordinance. The area located west of Interstate 5 and north of Poinsettia Lane shall be designated for visitor-serving or neighborhood commercial development according to Chapter 21.26 of the Carlsbad Zoning Ordinance, provided that a minimum of 35% is developed as visitor serving uses.” EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after its adoption, upon the effective date of GPA 02-02, or upon the effective date of the California Coastal Commission’s approval of LCPA 02-05, which ever is the last to occur, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within fifteen (1 5) days after its adoption. INTRODUCED AND FIRST READ at regular meeting of the Carlsbad City Council held on the day of ,2002, and thereafter. /Ill /Ill /Ill /Ill -2- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the day of 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -3- Exhibit “B” September 4,2002 LOCAL COASTAL PROGRAM LAND USE MAP LCPA 02-05 draft final 0 Project Name: SMITH PROPERTY LAND USE CHANGE I Related Case File No(s): GPA 02-02 / ZC 02-03 I Property/Legal Description(s): Lot 171 of Carlsbad Tract 73-24, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No 7996, filed in the Office of the County Recorder of San Diego County, August 5, 1974. I LCPA Map Designation Chance Approvals From: Council Approval Date: To: Property APN: Resolution No: RM N Signature: Effective Date: 21 4-471 -53 (5.12 ac.) (5.12 ac.) I Attach additional pages if necessary I I Exhibit “C” September 4,2002 LOCAL COASTAL PROGRAM ZONING LCPA 02-05 Project Name: SMITH PROPERTY LAND USE CHANGE I Related Case File No(s): GPA 02-02 / ZC 02-03 Property/Legal Description@): Lot 171 of Carlsbad Tract 73-24, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof Nc 7996, filed in the Office of the County Recorder of San Diego County, August 5, 1974. LCPA Map Designation Change Property From: To: APN: 21 4-471 -53 C-1-Q (5.12 ac.) RDM-Q (5.12 ac.) Within Commercial Visitor- Without Commercial Visitor- Serving Overlay Zone Serving Overlay Zone I LCPA Map Designation Change ~ - Property 1 From: I To: APN: 21 4-471 -53 I C-1-Q (5.12 ac.) I RDM-Q (5.12 ac.) Within Commercial Visitor- Without Commercial Visitor- Serving Overlay Zone Serving Overlay Zone I Attach additional pages if necessary Approvals Council Approval Date: Ordinance No: Effective Date: Signature: