HomeMy WebLinkAbout2004-06-16; Planning Commission; Resolution 56441
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PLANNING COMMISSION RESOLUTION NO. 5644
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND USE MAP
OF THE GENERAL PLAN ON PROPERTY GENERALLY
LOCATED SOUTH OF PALOMAR AIRPORT ROAD
BETWEEN AVIARA PARKWAY AND COBBLESTONE
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: EMERALD POINTE ESTATES
CASE NO: GPA 03-05
WHEREAS, BCS Natural Resources Corp., “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by BCS Program L-2 LTD.,
“Owner,” described as:
Parcel 1: All that portion of that parcel of land designated as
“Description No. 5, 103.54 acres as shown and delineated on
Record of Survey Map No. 5715, filed in the Office of the
County Recorder of San Diego County, December 19,1960.
Excepting therefrom portions of Parcel 1 of Parcel Map No.
15662 as described in Official Records.
Parcel 2: Lot 115 of Carlsbad Tract No. 84-32(A), Unit No. 1
(Cobblestone Sea Village), in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No.
23428, filed in the Office of the County Recorder of San Diego
County, June 3,1997.
Parcel No. 3: Easement for roadway and utility purposes over
those certain strips of land designated as “60 foot strip and 66
foot easement reserved for roadway and utility purposes,” as
shown on said Record of Survey Map No. 5715.
Excepting from said 60 foot strip, that portion which lies
within Parcel No. 1 above.
Parcel 4: A temporary easement for pedestrian and vehicular
access, ingress and egress as contained in document recorded
May 1, 1996, as File No. 1996-0218757 of official records being
a portion of Parcel 1 of Parcel Map 15661, that portion being a
portion of the easement for roadway and utility purposes over
those certain strips of land designated and as described in
official records
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(“the Property”); and
WHEREAS, said verified application constitutes a request for a General Plan
Amendment as shown on Exhibit “GPA 03-05” dated June 16,2004, attached hereto and on file
in the Carlsbad Planning Department EMERALD POINTE ESTATES - GPA 03-05, as
provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of June 2004, 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 General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
03-05, based on the following findings and subject to the following condition:
RECOMMENDS APPROVAL of EMERALD POINTE ESTATES - GPA
Findinps :
1. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan based on the facts set forth in
the staff report dated June 16,2004 including, but not limited to the following:
a. Land Use: Generalized residential and open space land use boundaries
currently shown on the General Plan Map including the RL, RLM and OS
designations require clarification and refinement to accurately reflect the
allowed RL land use on the property. Areas within the property boundary
that are designated as RLM and OS on the General Plan Map are mapping
errors. The proposed amendment corrects and adjusts land use designations
on the General Plan Map so that the area proposed for residential
development is designated RL and the area proposed for open space is
designated (OS).
PC RES0 NO. 5644 -2-
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b.
C.
Condition
Open Space: The adjustment to open space boundaries is consistent with the
Open Space Element in that the proposed 10.1 acres of open space is greater
in area than the existing 2.5 acres of open space; the 10.1 acres of HMP
habitat preserve area contain sensitive CSS and chaparral habitats that far
exceed the disturbed agricultural land currently designated as open space;
and the proposed OS is contiguous with existing open space.
Circulation: The proposed partial street vacation of the existing Sapphire Drive
right-of-way is necessary to realign the local street so that it provides access to
lots within the subdivision. The realignment will not impact the adjacent property
in that access would still be provided from the proposed Sapphire Drive
alignment. The realigned right-of-way satisfies all City design standards for local
cul-de-sac streets.
1. This approval is granted subject to the approval of the Mitigated Negative Declaration,
Addendum, and Mitigation Monitoring and Reporting Program, ZC 02-02 and
LCPA 02-02, and is subject to all conditions contained in Planning Commission
Resolution No. 5643 for the Mitigated Negative Declaration.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of June 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Heineman,
Montgomery and Segall
NOES: None
ABSENT: Commissioners Dominguez and Whitton
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
n
MICHAEL J. HOLZMILLEK
Planning Director
PC RES0 NO. 5644 -3-
GENERAL PLAN MAP CHANGE GPA: 03-05
draft final 0
Project Name: Emerald Pointe Estates I Related Case File No(s):
Property/Legal Description@): LCPA 02-02/ZC 02-02/CT 02-07/CDP 02-07/HDP 02- .-- Parcel 1: All that portion of that parcel of land
designated as “description No. 5, 103.54 acres as
shown and delineated on Record of Survey Map No.
5715, filed in the office of the County Recorder of
San Diego County, December 19,1960.
02
Excepting therefrom portions of Parcel 1 of Parcel
Map 15661 as described in official records.
Parcel 2: Lot 115 of Carlsbad Tract No. 84-32(A),
Unit No. 1 (Cobblestone Sea Village) in the Citv of
Carlsbad, County of San Diego, State of California,
According to map thereof No. 13428, filed in the
office of the County Recorder of San Diego County,
June 3, 1997.
Parcel 3: Easement for roadway and utility purposes
over those certain strips of land designated as “60
foot strip and 66 foot easement reserved for roadway
ad utility purposes”. As shown on said Record of
Survey Map No. 5715.
Excepting from 60 foot strip, that portion which lies
within Parcel No. 1 above.
G.P. Map Designation Change
Property From: To:
A. 21 2-1 90-53 RLM RL
B. 21 2-040-50 R URLM/OS RUOS
Parcel 4: A temporary easement for pedestrian and
vehicular access, ingress and egress as contained in
document recorded May , 1996 as File No. 1996-
021877 of official records being a portion of Parcel 1
of Parcel Map 15661, that portion being a portion of
the easement for roadway and utility purposes over
those certain strips of land designated and as
described in official records.
Approvals
Council Approval Date:
Resolution No:
Effective Date:
Signature:
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