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HomeMy WebLinkAbout2003-11-19; Planning Commission; Resolution 54541 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. 5454 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 BRING THE LOCAL COASTAL PROGRAM AND ZONING MAP INTO CONFORMANCE WITH THE GENERAL PLAN ON PROPERTY GENERALLY LOCATED ON THE SOUTH EAST SIDE OF CANNON ROAD WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: CANNON LIFT ZONE CHANGE CASE NO.: LCPA 03-04 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, City of Carlsbad, “OwnerLDeveloper,” has filed a verified application with the City of Carlsbad regarding property described as Lots 82 and 171 of Map No. 14340 (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “LCPA 03-04” dated November 19th, 2003 attached hereto, CANNON LIFT ZONE CHANGE - LCPA 03-04, 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 19th day of November 2003 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; 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, 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 July 24, 2003 and ending on September 4, 2003, staff had received no public comments on the proposed Local Coastal Program Amendment. C) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of CANNON LIFT ZONE CHANGE - LCPA 03-04 based on the following findings: 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 I1 Segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the proposed 0-S (Open Space) zone is consistent with the existing OS (Open Space) land use designation. 2. That the proposed land use and zone designation amendment to the Mello I1 Segment of the Carlsbad Local Coastal Program is required to bring the designations of the City’s Zoning Map and the Mello I1 Local Coastal Program Segment into conformance. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RES0 NO. 5454 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1f 1; 1Z 15 2( 2: 2: 2: 24 2: 21 2' 2 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of November 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None v , Chairperson C- PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5454 -3- LOCAL COASTAL PROGRAM LCPA Map Designation Change Property From: To: A. 208-1 84-04 R-3-Q os 6.208-1 84-08 R-3-Q os C. D. Attach additional pages if ndcessary LCPA: 03-04 draft 0 final 0 Approvals Council Approval Date: Resolution No: Effective Date: Signature: Project Name: CANNON LIFT ZONE CHANGE I Related Case File No(s): ZC 03-02