HomeMy WebLinkAbout2004-09-01; Planning Commission; Resolution 57201
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PLANNING COMMISSION RESOLUTION NO. 5720
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
LOCAL COASTAL PROGRAM TO CHANGE THE LOCAL
COASTAL PROGRAM LAND USE DESIGNATION FROM
RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC)
TO RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4
DU/AC) AND OPEN SPACE (OS) AND THE LOCAL
COASTAL PROGRAM ZONING DESIGNATION FROM
LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL
(R-1) AND OPEN SPACE (OS) ON A 5.64 ACRE SITE
GENERALLY LOCATED ON THE EAST SIDE OF BLACK
RAIL ROAD, SOUTH OF POINSETTIA LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: TABATA RESIDENTIAL SUBDIVISION
CASE NO: LCPA 03-07
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, Noboru & Evelyn Tabata and Isokazu Tabata,
“Developer/Owner,” has filed a verified application for an amendment to the Local Coastal
Program designations regarding property described as
A portion of the southwest quarter of the southeast quarter of
Section 22, T12S, R4W, SBBM, in the City of Carlsbad,
County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibits “LCPA 03-07” dated September 1,2004, 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 1st day of September, 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 July 29,
2004 and ending on September 9,2004, 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
RECOMMENDS APPROVAL of TABATA RESIDENTIAL SUBDIVISION - LCPA 03-07 based on the following findings, and subject to the following
conditions:
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 Local Coastal Program (RLM) and (OS) land
use designations and (R-1) and (OS) zoning designations are consistent with the
Residential Low-Medium Density (RLM, 0-4 ddac) and Open Space (OS) General
Plan Land Use designations, the One-Family Residential (R-1) and Open Space (OS)
Zoning designations, and the Zone 20 Specific Plan (203), 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 the property’s Local Coastal Program Land Use and
Zoning designations into consistency with the General Plan Land Use designation,
Zoning designation, and the Zone 20 Specific Plan.
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.
PC RES0 NO. 5720 -2-
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 04-13, and ZC 03-05 and
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is subject to all conditions contained in Planning Commission Resolutions No. 5718,
5719, and 5721 for those other approvals incorporated herein by reference.
PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on the 1st day of September 2004, by the following
vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT: Commissioner Cardosa
ABSTAIN:
\
ANK H. WHITTON, Chairperson
BAD PLANNING COMMISSION
ATTEST:
8
Planning Director
PC RES0 NO. 5720 -3-
LOCAL COASTAL PROGRAM LCPA: 03-07
draft final
LAND USE
September 1,2004
EXISTING
PROPOSED
LOCAL COASTAL PROGRAM
Property
A. 21 5-080-20
B. 21 5-080-21
C. 21 5-080-28
LCPA: 03-07
draft final 0
From: To: Council Approval Date:
L-c R-I &OS Resolution No:
L-c R-I &OS Effective Date:
L-c R- 1 Signature:
ZONING
September 1,2004
EXISTING
PROPOSED
Project Name: TABATA RESIDENTIAL SUBDIVISION
A portion of the southwest quarter of the southeast quarter
of Section 22, TIZS, R4W, SBBM, in the City of Carlsbad,
County of San Diego, State of California
I Related Case File No(s):
Property/Legal Description(s): GPA 04-1 31ZC 03-05/CT 03-061CDP 03-241HDP 04-
02
I LCPA MaD Desianation Chanae I I
I I I Attach additional pages if necessary I I