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HomeMy WebLinkAbout2006-04-05; Planning Commission; Resolution 60561 PLANNING COMMISSION RESOLUTION NO. 6056 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD 4 LOCAL COASTAL PROGRAM LAND USE DESIGNATION FROM RESIDENTIAL MEDIUM (RM, 4-8 DU/AC) TO 5 RESIDENTIAL MEDIUM-HIGH (RMH, 8-15 DU/AC) AND 6 OPEN SPACE (OS), AND THE LOCAL COASTAL PROGRAM ZONING DESIGNATION FROM LIMITED CONTROL (L-C) 7 TO RESIDENTIAL DENSITY-MULTIPLE WITH QUALIFIED DEVELOPMENT OVERLAY (RD-M-Q) AND OPEN SPACE 8 (OS) ON A 14.4 ACRE SITE ON PROPERTY LOCATED GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL AND NORTH OF DOVE LANE WITHIN THE 10 MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 21. 11 CASE NAME: LA COSTA VILLAGE CENTER TOWNHOMES 12 CASE NO: LCPA 04-09 WHEREAS, California State law requires that the Local Coastal Program, 14 General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, Marker La Costa LLC, "Developer," has filed a verified 17 application for an amendment to the Local Coastal Program designations regarding property 18 owned by Noreen Levatino, "Owner," described as 1" All that portion of the west half of the northeast Quarter of 2Q Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State 21 of California, being more particularly described in certificate of compliance record June 16,1989 as file No. 89-317343 22 23 ("the Property"); and 24 WHEREAS, said verified application constitutes a request for a Local Coastal 25 Program Amendment as shown on Exhibits "LCPA 04-09" dated April 5,2006, attached hereto, 26 as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, 27 Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal 28 Commission Administrative Regulations; and 1 WHEREAS, the Planning Commission did on the 5th day of April 2006, hold a 2 duly noticed public hearing as prescribed by law to consider said request; and 3 WHEREAS, at said public hearing, upon hearing and considering all testimony 4 s- and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 6 relating to the Local Coastal Program Amendment; and 7 WHEREAS, State Coastal Guidelines requires a six week public review period Q for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 10 Commission of the City of Carlsbad, as follows: 11 A) That the foregoing recitations are true and correct. 13 B) At the end of the State mandated six week review period, starting on March 15, 2006 and March 17,2006 and ending on April 28,2006, staff shall present to the 14 City Council a summary of the comments received. ^ C) That based on the evidence presented at the public hearing, the Commission 16 RECOMMENDS APPROVAL of LA COSTA VILLAGE CENTER TOWNHOMES - LCPA 04-09 based on the following findings, and subject to 17 the following conditions: 18 Findings: 1" 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is 2Q in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello II segment of the Carlsbad Local Coastal Program not being amended by 21 this amendment, in that the Local Coastal Program (RMH) and (OS) Land Use designations and (RD-M-Q) and (OS) zoning designations are consistent with the 22 Residential Medium-High Density (RMH, 8-15 du/ac) and Open Space General Plan Land Use designations, the Residential Density-Multiple with Qualified Development Overlay (RD-M-Q) and Open Space (OS) Zoning designations, and 24 the project is required to provide drainage and erosion control measures. 25 2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is required to bring it into consistency with the property's Local Coastal 26 Program Land Use and Zoning designations into consistency with the General Plan Land Use designations, and Zoning designations. 28 PC RESO NO. 6056 -2- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map 3 recordation or issuance of grading permit, whichever occurs first. 4 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 04-10, and ZC 04-06 and is subject to all conditions contained in Planning Commission Resolutions No. 6054, g 6055 and 6057 for those other approvals incorporated herein by reference. 7 PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning 8 Commission of the City of Carlsbad, held on the 5th day of April 2006, by the following vote, to 9 wit: 10 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, 11 Dominguez, Heineman, Segall, and Whitton 12 NOES: 13 ABSENT: 14 ABSTAIN: 15 " 16 17 18 MARTELL B. MONTGOMERY, Mirperson 19 CARLSBAD PLANNING COMMISSION 20 21 ATTEST^ 22 23 25 26 27 28 Assistant Planning Director PC RESO NO. 6056 -3- LCPA 04-09 LAND USE LA COSTA VILLAGE CENTER TOWNHOMES April 5. 2006 EXISTING PROPOSED Related Case File No(s): GPA 04-10/ZC 04-06/CT 04-08/ SDP 04-05 / CDP 04-17 / SUP 04-07 / CP 04-03 / HDP 04-04 Zone Change Property From:To: A. 215-050-73-00 _§. C. RM RMH / OS LCPA 04-09 ZONE CHANGE LA COSTA VILLAGE CENTER TOWN HOMES April 5. 2006 EXISTING PROPOSED Related Case File No(s): GPA 04-10/ZC 04-06/CT 04-08/ SDP 04-05 / CDP 04-17/SUP 04-07 / CP 04-03 / HDP 04-04 Zone Change Property From:To: A. 215-050-73-00 B. C. L-C RD-M/Q / OS