HomeMy WebLinkAbout2005-01-05; Planning Commission; Resolution 58131
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PLANNING COMMISSION RESOLUTION NO. 5813
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND USE
ELEMENT OF THE GENERAL PLAN TO CHANGE THE
GENERAL PLAN LAND USE DESIGNATION FROM OPEN
A 0.88 ACRE SITE GENERALLY LOCATED ON THE NORTH
SIDE OF GIBRALTAR STREET, SOUTH OF THE LA COSTA
GOLF COURSE, BETWEEN JEREZ COURT AND ROMERIA
STREET WITHIN LOCAL FACILITIES MANAGEMENT
ZONE 6.
CASE NAME: VISTA LA COSTA
SPACE (OS) TO RESIDENTIAL HIGH (RH, 15-23 DU/AC) ON
CASE NO: GPA 04-14
WHEREAS, Abedi Family Trust, “Developer/Owner,” has filed a
application with the City of Carlsbad regarding property described as
That portion of the North half of the Southeast One-Quarter of
Section 36, Township 12 South, Range 4 West, San Bernardino
Meridian, according to official Plat thereof, in the City of
Carlsbad, County of San Diego, State of California, described
as Parcel No. 2 in a certificate of compliance recorded on
August 27, 1984 as file no. 84-325375 of Official Records of
said San Diego County
(“the Property”); and
rerified
WHEREAS, said application constitutes a request for a General Plan Amendment
as shown on Exhibit “GPA 04-14” dated January 5, 2005, attached hereto and on file in the
Planning Department, VISTA LA COSTA - GPA 04-14 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 5th day of January, 2005, 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.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of GPA 04-14 - VISTA LA COSTA based on
the following findings and subject to the following conditions:
Findings:
1. The proposed change in General Plan land use designation from Open Space (OS)
to Residential High (RH, 15-23 du/ac) for Parcel No. 216-130-68 is consistent with
the General Plan, the Zoning Ordinance, and the existing land use, in that the
existing designation of OS is a mapping error. The subject parcel was presumed to
be at a lower elevation and within the floodplain of San Marcos Creek. The subject
site was also originally a part of La Costa Golf Course property. More accurate
mapping has shown that this property is clearly well above and outside of the
floodplain, located 13 feet higher than the golf course and was graded as part of the
upland lots for proposed residential development. The proposed RH General Plan
land use designation will be implemented by the proposed RD-M zoning on the
property. The RH General Plan land use designation will be consistent with the RH
designation of the adjacent two parcels and will be consistent with surrounding
properties which are designated as RH and developed with multi-family residential
projects.
Conditions:
1. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and ZC 04-09 and is subject to
all conditions contained in Planning Commission Resolutions No. 5812 and 5814 for
those other approvals incorporated herein by reference.
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PC RES0 NO. 5813 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 5th day of January 2005, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST: m DON NEU
Assistant Planning Director
PC RES0 NO. 5813 -3 -
GPA 04-14 - Vista La Costa
Property From:
A. 21 6-1 30-68 os
P
Januarv 5,2005
To:
RH
C. I I
n I U. I I
Attach additional pages if necessary I