HomeMy WebLinkAbout2004-04-21; Planning Commission; Resolution 56041
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PLANNING COMMISSION RESOLUTION NO. 5604
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
SOUTHWEST CORNER OF POINSETTIA LANE AND BLACK
RAIL ROAD IN LOCAL FACILITIES MANAGEMENT ZONE
20.
CASE NAME: BLACK RAIL RIDGE
CASE NO: LCPA 03-09
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, Pacific Coast Development, “Developer,” has filed a verified
application for an amendment to the Local Coastal Program designations regarding property
owned by Norman G. Gallagher and Laird and Catherine Ann Cameron, “Owners,”
described as
The north half of the northeast quarter of the southeast
quarter of the southwest quarter of Section 22, Township 12
south, Range 4 west, San Bernardino Base and Meridian, in
the City of Carlsbad, County of San Diego, State of California,
according to the official plat thereof
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit “LCPA 03-09” dated April 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 April 2004, hold a
duly noticed public hearing as prescribed by law to consider said request; and
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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 December
11, 2003 and ending on January 22,2004, 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
based on the following findings, and subject to the following conditions:
RECOMMENDS APPROVAL of BLACK RAIL RIDGE - LCPA 03-09
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 zoning is consistent with the existing
Residential Low-Medium General Plan Land Use designation and the project is
required 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 its designation on 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.
Conditions:
1. This approval is granted subject to the approval of Mitigated Negative Declaration and
Mitigation monitoring and reporting program and ZC 03-08 and is subject to all
conditions contained in Planning Commission Resolutions No. 5602 and 5603 for those
other approvals incorporated herein by reference. ...
PC RES0 NO. 5604 -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 21st day of April 2004, by the following vote,
to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, and Whitton
NOES: Commissioner Segall
ABSENT: None
ABSTATN: None
MgLISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOL~ILLM
Planning Director
PC RES0 NO. 5604 -3-
PROPERTY ZONE CHANGE
Property: From:
A. 21 5-070-33-00 Limited Control
B.
C.
n
LCPA: 03-09
To: Council Approval Date:
R-l-7,500 Ordinance No:
Effective Date:
Signature:
draft 0 final 0
April 21, 2004
Attach additional pages if necessary I