HomeMy WebLinkAbout2004-06-16; Planning Commission; Resolution 56451
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PLANNING COMMISSION RESOLUTION NO. 5645
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
TIONS ON THE LOCAL COASTAL PROGRAM, GENERAL
PLAN, AND ZONING MAP INTO CONFORMANCE ON
PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR
AIRPORT ROAD BETWEEN AVIARA PARKWAY AND
MENT ZONE 20.
CASE NAME: EMERALD POINTE ESTATES
LOCAL COASTAL PROGRAM TO BRING THE DESIGNA-
COBBLESTONE DRIVE IN LOCAL FACILITIES MANAGE-
CASE NO: LCPA 02-02
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, BCS Natural Resources Corp., “Developer,” has filed a verified
application for an amendment to the Local Coastal Program designations 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
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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
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibits LCPA 02-02 (land use and zoning) dated June 16,
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 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 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 May 6,
2004, and ending on June 16, 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
02-02, based on the following findings, and subject to the following conditions:
RECOMMENDS APPROVAL of EMERALD POINTE ESTATES - LCPA
PC RES0 NO. 5645 -2-
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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 project is consistent with applicable policies requiring the
preservation of steep slopes and coastal sage scrub and chaparral habitats and the
reduction of storm water runoff to existing levels.
2. That the proposed amendment to the Mello I1 segment of the Carlsbad Local Coastal
Program is required to bring the City’s General Plan Land Use Map and Zoning Map
(as amended) and the LCP Land Use Plan into conformance.
Conditions:
1. This approval is granted subject to the approval of the Mitigated Negative Declaration,
Addendum, and Mitigation Monitoring and Reporting Program, GPA 03-05 and ZC
02-02, and is subject to all conditions contained in Planning Commission Resolution
5643 for the Mitigated Negative Declaration.
PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, 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: -
MICHAEL J. HOLZMILLER v
Planning Director
PC RES0 NO. 5645 -3-
LOCAL COASTAL PROGRAM LCPA: 02-02
draft final 0
LAND USE PLAN
Project Name: Emerald Pointe Estates I Related Case File No(s):
Property/Legal Description(s): GPA 03-05EC 02-02/CT 02-07ICDP 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.
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.
LCPA Map Designation Change
Property From: To:
A. 21 2-1 90-53 RLM RL
B. 21 2-040-50 RL RUOS
Approvals
Council Approval Date:
Resolution No:
Effective Date:
Signature:
I I I Attach a’dditional pages if necessary I
LOCAL COASTAL PROGRAM LCPA: 02-02
draft final 0
ZONING
Project Name: Emerald Pointe Estates I Related Case File No(s):
Property/Legal Description@): GPA 03-05EC 02-02/CT 02-07EDP 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 gn 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.
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 Pare1 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.
LCPA MapDesignation Change
Property From: To:
A. 21 2-1 90-53 R-l/OS R-1-10,000
8.21 2-040-50 L-c R-l-10,000 (7.7 ac)
C. 21 2-1 90-55 L-c R-1 0-S (1 0.3 ac)
Approvals
Council Approval Date:
Resolution No:
Effective Date:
Signature:
I Attach additional pages if necessary 1