HomeMy WebLinkAbout2004-09-01; Planning Commission; Resolution 57121
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PLANNING COMMISSION RESOLUTION NO. 5712
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 PROVIDE
CONSISTENCY BETWEEN THE LOCAL COASTAL
PROGRAM ZONING AND LAND USE MAPS AND THE NEW
OPEN SPACE DESIGNATIONS PROPOSED FOR THE
GENERAL PLAN AND ZONING MAP ON PROPERTY
GENERALLY LOCATED SOUTHEAST OF COLLEGE
BOULEVARD, SOUTHWEST OF ASTON AVENUE, AND
LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: PALOMAR POINTE
NORTH OF THE MC CLELLAN-PALOMAR AIRPORT IN
CASE NO.: LCPA 04-07
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, T. Lawrence Jett, “Developer,” has filed a verified application with the City of
Carlsbad regarding property owned by James L. Hieatt and Mildred E. Hieatt, Trustees of the
Hieatt Family Living Trust, dated April 18, 1990 as to an undivided 75% interest and T.
Lawrence Jett as to an undivided 25%, as Tenants in Common, “Owner,” described as
That portion of Lot F of the Rancho Agua Hedionda, in the
City of Carlsbad, County of San Diego, State of California,
according to map thereof no. 823, filed in the Office of the
County Recorder of San Diego, November 16,1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibits “LCPA 04-07 Zoning and Land Use” dated
September 1,2004 attached hereto and made a part hereof, PALOMAR POINTE - LCPA 04-
07, 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
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WHEREAS, the Planning Commission did on the 1st day of September 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 July 8,2004
and ending on August 19, 2004, 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 PALOMAR POINTE - LCPA
04-07 based on the following findings, and subject to the following conditions:
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 OS (Open Space) land use and zone
designations reflect the open space preserve areas and are consistent with the
proposed OS General Plan Land Use and Zoning designations.
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
General Plan Land Use Map and Zoning Map and the Mello I1 Local Coastal
Program Segment into conformance.
Conditions:
1. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 04-08, and ZC 04-03, and
is subject to all conditions contained in Planning Commission Resolutions No. 5709,
5710 and 5711 for those other approvals incorporated herein by reference.
PC RES0 NO. 5712 -2-
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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 approval to protest imposition of these feedexactions. 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 1st day of September, 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT:
ABSTAIN:
ANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOYZMI~LER
Planning Director
PC RES0 NO. 5712 -3-
LOCAL COASTAL PROGRAM
Property
A. 21 2-1 20-33
LCPA: 04-07
From: To:
P-M P-M & OS
draft [XI finat 0
ZONING
September 1,2004
PROPOSED
EXISTING
Project Name: PALOMAR POINTE I Related Case File No(s): GPA 04-08/ZC 04-03/CT I 04-061 PUD 03-02/PIP 03-02 /CDP 03-06/HDP I 03-02
Property/Legal Description(s):
That portion of Lot F of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof no. 823, filed in the Office of the County Recorder of San Diego, November
16,1896
LCPA Map Designation Change
~~~ Attach additional pages if necessary
Approvals
Council Approval Date:
Resolution No:
Effective Date:
Signature:
LOCAL COASTAL PROGRAM
Project Name: PALOMAR POINTE
LCPA: 04-07
draft final
Related Case File No(s): GPA 04-08/ZC 04-03/CT
04-06/ PUD 03-02/PIP 03-02 ICDP 03-06/HDP
03-02
LAND USE
September I, 2004
LCPA Map Designation Change
Property From : To:
A. 21 2-1 20-33 PI PI &OS
Attach additional Daaes if necessaw
PROPOSED
Approvals
Council Approval Date:
Resolution No:
Effective Date:
Signature:
EXISTING
Property/Legal Description(s):
That portion of Lot F of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof no. 823, filed in the Office of the County Recorder of San Diego, November
16,1896