HomeMy WebLinkAbout2006-11-15; Planning Commission; Resolution 61871 PLANNING COMMISSION RESOLUTION NO. 6187
2 A RESOLUTION OF THE PLANNING COMMISSION OF
3 THE CITY OF CARLSBAD, CALIFORNIA, RECOM-
MENDING ADOPTION OF A MITIGATED NEGATIVE
4 DECLARATION AND MITIGATION MONITORING AND
, REPORTING PROGRAM FOR A GENERAL PLAN
AMENDMENT (GPA 04-12) TO CHANGE THE PROPERTY'S
6 GENERAL PLAN LAND USE DESIGNATION FROM
RESIDENTIAL LOW MEDIUM DENSITY (RLM) AND
7 RESIDENTIAL MEDIUM DENSITY (RM) TO RESIDEN-
TIAL HIGH DENSITY (RH), RESIDENTIAL MEDIUM-
8 HIGH DENSITY (RMH), AND OPEN SPACE (OS); A ZONE
o CHANGE (ZC 04-08) TO CHANGE THE PROPERTY'S
ZONING FROM LIMITED CONTROL (LC) TO
10 RESIDENTIAL DENSITY-MULTIPLE (RD-M) AND OPEN
SPACE (OS); A LOCAL COASTAL PROGRAM AMENDMENT
11 (LCPA 04-11) TO CHANGE THE COASTAL PROGRAM
LAND USE AND ZONING DESIGNATIONS TO BE
12 CONSISTENT WITH THE CITY'S GENERAL PLAN AND
13 ZONING; A TENTATIVE TRACT MAP (CT 04-10), CONDO-
MINIUM PERMIT (CP 05-05), HILLSIDE DEVELOPMENT
14 PERMIT (HDP 04-05), SITE DEVELOPMENT PLAN (SDP
04-07), COASTAL DEVELOPMENT PERMIT (CDP 04-23),
15 AND HABITAT MANAGEMENT PLAN PERMIT
., (HMPP 06-08) FOR THE SUBDIVISION OF 20.4 ACRES INTO
FIVE LOTS FOR RESIDENTIAL CONDOMINIUM PURPOSES
17 AND CONSTRUCTION OF 60 TOWNHOME CONDO-
MINIUMS AND 30 STACKED-FLAT CONDOMINIUMS ON
18 PROPERTY GENERALLY LOCATED SOUTHEAST OF THE
INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE
19 IN THE MELLO II SEGMENT OF THE LOCAL COASTAL
20 PROGRAM AND LOCAL FACILITIES MANAGEMENT
ZONE 21.
21 CASE NAME: POINSETTIA PLACE
CASE NO.: GPA 04-12/ZC 04-08/LCPA 04-11/CT 04-10/
22 CP 05-05/HDP 04-05/SDP 04-07/CDP 04-237
HMPP 06-08
£3
24 WHEREAS, Sierra Linda Development Company, "Developer," has filed a
25 verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia
2^ Land Company, a California Limited Liability Co., "Owner," described as
27 The north half of the southwest quarter of the southwest
28 quarter of Section 23, Township 12 south, Range 4 west, San
Bernardino Meridian, in the City of Carlsbad, County of San
Diego, State of California, according to the official plat thereof
1 ("the Property"); and
2
WHEREAS, a Mitigated Negative Declaration was prepared in conjunction with
3
said project; and4
<- WHEREAS, the Planning Commission did on the 15th day of November, 2006,
6 hold a duly noticed public hearing as prescribed by law to consider said request; and
7 WHEREAS, at said public hearing, upon hearing and considering all testimony
o
and arguments, examining the initial study, analyzing the information submitted by staff, and
9 considering any written comments received, the Planning Commission considered all factors
10
relating to the Mitigated Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
13 Commission as follows:
14 A) That the foregoing recitations are true and correct.
15 B) That based on the evidence presented at the public hearing, the Planning
16 Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, Exhibit "MND,"
17 according to Exhibits "NOI" dated April 7, 2006, and "PII" dated March 21,
2006, attached hereto and made a part hereof, based on the following findings:
18
Findings;
20 1 • The Planning Commission of the City of Carlsbad does hereby find:
21 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for Poinsettia Place and the
22 environmental impacts therein identified for this project and any comments
thereon prior to RECOMMENDING APPROVAL of the project; and
Z*J
24 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program has been prepared in accordance with requirements of the California
25 Environmental Quality Act, the State Guidelines and the Environmental
Protection Procedures of the City of Carlsbad; and
26
27 c. it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
28
d. based on the EIA Part II and comments thereon, there is no substantial evidence
the project will have a significant effect on the environment.
PCRESONO. 6187 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of November, 2006, by
the following vote, to wit:
AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez,
and Whitton
NOES: Commissioner Segall
ABSENT: Chairperson Montgomery and Commissioner Heineman
ABSTAIN:
JULIE BACKER, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PCRESONO.6187 -3-