HomeMy WebLinkAbout2005-02-02; Planning Commission; Resolution 58301
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PLANNING COMMISSION RESOLUTION NO. 5830
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAEUSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CAEUSBAD
LOCAL COASTAL PROGRAM TO CHANGE THE LOCAL
COASTAL PROGRAM ZONING DESIGNATION FROM
LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL
(R-1) ON A 5.09 ACRE SITE GENERALLY LOCATED ON
THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF
SONGBIRD AVENUE AND NORTH OF OCEAN CREST
AVENUE IN THE MELLO 11 SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: YAMAMOTO SUBDIVISION
CASE NO.: LCPA 04-02
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, William Gustafson, “Developer,” has filed a verified application
for an amendment to the Local Coastal Program designations regarding property described as
The south half of the northwest quarter of the northwest
quarter of the northeast quarter of Section 27, T12S, R4W,
SBBM, in the City of Carlsbad, County of San Diego, State of
California
(“the Property”); and
WHEREAS, said application constitutes a request for a Local Coastal Program
Amendment as shown on Exhibit “LCPA 04-02” dated February 2, 2005, 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 2nd day of February 2005,
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 December
23, 2004 and ending on February 3,2005, 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
SUBDIVISION based on the following findings and subject to the following
conditions:
RECOMMENDS APPROVAL of LCPA 04-02 - YAMAMOTO
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 Local Coastal Program R-1 zoning designation
is consistent with the Residential Low-Medium Density (RLM, 0-4 du/ac) General
Plan and Local Coastal Program land use designations and the Zone 20 Specific
Plan (SP 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 Zoning
designation into consistency with the General Plan and Local Coastal Program land
use designations and the Zone 20 Specific Plan.
Conditions:
1. This approval is granted subject to the approval of the Negative Declaration and ZC 04-
01 and is subject to all conditions contained in Planning Commission Resolutions No.
5828 and 5829 for those other approvals incorporated herein by reference.
...
PC RES0 NO. 5830 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of February 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
JEFFRE N. SEGALL, Chairperson
CARTSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5830 -3-
LCPA 04-02 - YAMAMOTO SUBDIVISION
ZONING
I Related Case File No(s): ZC 04-01/CT 04-01/CDP 04-01
LCP Map Designation Change Property 1 From: I To:
A. 21 5-040-05 I L-c I R-I
FEBRUARY 2,2005
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