HomeMy WebLinkAbout2004-02-04; Planning Commission; Resolution 55501
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. 5550
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 CHANGE THE LCP
LAND USE DESIGNATION FROM “RH” (HIGH DENSITY
MERCIAL) THEREBY BRINGING THE DESIGNATIONS ON
THE LOCAL COASTAL PROGRAM AND GENERAL PLAN
MAPS INTO CONFORMANCE ON PROPERTY LOCATED AT
3878 CARLSBAD BOULEVARD.
CASE NAME:
RESIDENTIAL) TO “T-R” (TRAVELRECREATION COM-
VIGILUCCI’S SEAFOOD & STEAKHOUSE
CASE NO: LCPA 0 1-07
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 Planning Director, “Applicant,” as directed by City Council
Resolution No. 2001-72, has filed a verified application for an amendment to the Local Coastal
Program designations regarding property owned by Roberto Vigilucci, “Owner”, described as
Parcel 1 of Parcel Map No. 3713, in the City of Carlsbad, County
of San Diego, State of California, filed in the Office of the County
Recorder of San Diego County, April 21, 1975 as File No. 75-
092233 of Official Records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit “LCPA 01-07’’ dated January 21, 2004, attached
hereto, 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 January 2004 and
on the 4th day of February 2004 hold a duly noticed public hearing as prescribed by law to
consider said request; 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, 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
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 November
13, 2003, and ending on December 25, 2003, 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
HOUSE - LCPA 01-07 based on the following findings and condition:
RECOMMENDS APPROVAL of VIGILUCCI’S SEAFOOD & STEAK-
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 (a) Chapter 3 (Section 30222) states that private lands
suitable for visitor-serving commercial uses have priority over private residential
uses; (b) Policy 6-8 of the Mello I1 segment includes restaurants in its definition of
visitor-serving commercial uses; (c) the subject property location is ideally suited
for visitor-serving commercial uses given its location next to the beach and along
major streets, and (d) the designation change does not conflict with coastal policies
on public access, visual resources, habitat, or agriculture and the fully developed
Vigilucci property is not in a location that affects beach access or views.
2. The proposed T-R designation will help maintain opportunities for public access
and use in the beach area that under the existing RH designation might be
eliminated if the property were to redevelop residentially.
3. That the proposed amendment to the Mello I1 segment of the Carlsbad Local Coastal
Program is required to bring it into consistency with the proposed General Plan Land
Use designation of T-R.
4. That the Planning Director has determined that it can be seen with certainty that there is
no possibility that the project may have a significant effect on the environment in that the
proposed T-R designation would be applied to property that is already fully
PC RES0 NO. 5550 -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
developed with an existing restaurant use that is appropriate under the T-R
designation and for which a conditional use permit is being sought.
Condition:
1. This approval is granted subject to the approval of GPA 01-04.
PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on the 4th day of February 2004, by the following
vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, and Segall
NOES: Commissioner Whitton
ABSENT: None
ABSTAIN: None
MELISSA WHITE, Chaimerson CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5550 -3-
January 21,2004
LCPA Map Designation Change
Property: From: To:
204-253-20 RH T-R
LOCAL COASTAL PROGRAM
Approvals
Council Approval Date:
Resolution No:
Effective Date:
Signature:
LCPA: 01-07
draft 0 final 0
Project Name: VIGILUCCI’S SEAFOOD & STEAKHOUSE
Property/Legal Description (s):
Parcel 1 of Parcel Map No. 3713, in the City of Carlsbad, County of San Diego, State of
California, filed in the Office of the County Recorder of San Diego County, April 21, 1975
as File No. 75-092233 of Official Records.
Related Case File No@): GPA 01 -04/CUP02-
19/CDP02-34
I Attach ddditional pages if necessary I