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HomeMy WebLinkAbout2006-11-15; Planning Commission; Resolution 61901 PLANNING COMMISSION RESOLUTION NO. 6190 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 TO CHANGE THE LOCAL COASTAL PROGRAM LAND USE DESIGNATIONS FROM 5 RESIDENTIAL LOW-MEDIUM DENSITY (RLM) AND 6 RESIDENTIAL MEDIUM DENSITY (RM) TO RESIDENTIAL MEDIUM-HIGH DENSITY (RMH), RESIDENTIAL HIGH 7 DENSITY (RH), AND OPEN SPACE (OS), AND TO CHANGE THE LOCAL COASTAL PROGRAM ZONING DESIGNA- 8 TIONS FROM LIMITED CONTROL (L-C) TO RESIDENTIAL DENSITY-MULTIPLE (RD-M) AND OPEN SPACE (OS) ON A 20.4-ACRE PROPERTY GENERALLY LOCATED SOUTH- 10 EAST OF THE INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE IN THE MELLO II SEGMENT OF THE 11 LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 21. 12 CASE NAME: POINSETTIA PLACE 13 CASE NO: LCPA 04-11 14 WHEREAS, California State law requires that the ,Local Coastal Program, 15 General Plan, arid Zoning designations for properties in the Coastal Zone be in conformance; and 16 WHEREAS, Sierra Linda Development Company, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia 18 Land Company, a California Limited Liability Co., "Owner," described as 19 The north half of the southwest quarter of the southwest quarter of Section 23, Township 12 south, Range 4 west, San 21 Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof 22 ("the Property"); and WHEREAS, said verified application constitutes a request for a Local Coastal 25 Program Amendment as shown on Exhibit "LCPA 04-11" dated November 15, 2006, attached 26 hereto, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, 27 Coastal Commission Administrative Regulations; and Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California 28 " WHEREAS, the Planning Commission did on the 15th day of November, 2006, 2 hold a duly noticed public hearing as prescribed by law to consider said request; and ,3 WHEREAS, at said public hearing, upon hearing and considering all testimony4 ^ 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 o for any amendment to the Local Coastal Program. 9 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 October 13, 2006, and ending on November 24,2006, staff shall present to the City Council a 14 summary of the comments received. ^ C) That based on the evidence presented at the public hearing, the Commission 16 RECOMMENDS APPROVAL of POINSETTIA PLACE - LCPA 04-11, based on the following findings and subject to the following conditions: 17 Findings; 18 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is 19 in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies 2Q of the Mello II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the Local Coastal Program RMH, RH, and OS Land Use 21 designations are consistent with the City of Carlsbad General Plan Land Use designations of Residential Medium-High Density (RMH, 8-15 du/ac), Residential 22 High Density (RH, 15-23 du/ac) and Open Space (OS); and the Local Coastal Program RD-M and OS Zoning designations are consistent with the City of 23 Carlsbad Zoning designations of Residential Density-Multiple (RD-M) and Open 24 Space (OS); and the project is required to provide drainage and erosion control measures. 25 2. That the proposed amendment to the Zoning and Land Use Maps of the Mello II 26 segment of the Carlsbad Local Coastal Program is required to bring it into consistency with the City of Carlsbad Zoning Map and General Plan Land Use and Open Space 27 and Conservation Element maps. 28 PCRESONO. 6190 -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 Conditions; 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment GPA 04-12 and Zone Change ZC 04-08 and is subject to all conditions contained in Planning Commission Resolutions No. 6187, 6188, and 6189 for those 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 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 BAKER, Vice Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PCRESONO. 6190 -3-