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HomeMy WebLinkAbout2007-05-02; Planning Commission; Resolution 6288PLANNING COMMISSION RESOLUTION NO. 62881 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF A LOCAL COASTAL PROGRAM AMENDMENT TO CHANGE THE LCP LAND USE 4 DESIGNATION FROM RLM TO OS AND TO CHANGE THE' s LCP ZONE DESIGNATION FROM R-l-8,000 TO OS ON LOTS 10 AND 11 OF CT 03-10 ON PROPERTY GENERALLY 6 LOCATED WEST OF KELLY DRIVE AND NORTH OF HILLSIDE DRIVE AT THE TERMINUS OF AURA CIRCLE 7 WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES 8 MANAGEMENT ZONE 1. o CASE NAME: AURA CIRCLE CASE NO: LCPA 05-03 10 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 13 WHEREAS, Carlsbad Greens, LLC, "Owner/Developer," has filed a verified 14 application for an amendment to the Local Coastal Program designations regarding property *5 described as That portion of Lot "I" of Rancho Agua Hedionda, in the City 17 of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the 18 County Recorder of San Diego County, November 16, 1896, further described in Attachment "A" 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Local Coastal 22 Program Amendment as shown on Exhibit "LCPA 05-03" dated May 2, 2007, attached hereto, 23 as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, 24 Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal 25 Commission Administrative Regulations; and 26 27 WHEREAS, the Planning Commission did on the 2nd day of May, 2007, hold a 28 duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Local Coastal Program Amendment; and 4 , WHEREAS, State Coastal Guidelines requires a six-week public review period 5 for any amendment to the Local Coastal Program. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning o Commission of the City of Carlsbad, as follows: 9 .A) That the foregoing recitations are true and correct. 10 B) At the end of the State-mandated six-week review period, starting on January 12, 2007, and ending on February 23, 20,07, staff shall present to the City Council a summary of the comments received. 13 C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of AURA CIRCLE - LCPA 05-03 based on 14 the following findings, and subject to the following conditions: Findings; 1. That the proposed Local Coastal Program (LCP) Amendment meets the requirements of, 17 and is 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 18 amended by this amendment, in that the proposed change in the LCP Land Use and Zone designations for Lots 10 and 11 of CT 03-10 from Residential Low-Medium 19 Density (RLM) to Open Space (OS) LCP Land Use designation and from R-1-8,000 to Open Space (OS) LCP Zone designation is based on the environmental constraints of the property and is environmentally and topographically appropriate 21 for the site in that the manufactured slopes within Lot 10 are considered undevelopable and the habitat areas within Lot 11 will be included in the open space 22 preserve areas; and that these areas are proposed to be designated as OS on the General Plan Land Use and Zone Maps.23 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 proposed General Plan 25 Amendment (GPA 05-06) and the proposed zone change (ZC 05-03). 26 Conditions: 27 1. This approval is granted subject to the approval of the adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 05-06, ZC 05-03, and HMP 06-12 and is subject to all conditions contained in Planning Commission Resolutions No. 6285, 6286, 6287, and 6289 for those approvals incorporated herein by reference. PC RESO NO. 6288 -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 Commission of the City of Carlsbad, held on the 2nd day of May 2007, wit: meeting to the Planning by the following vote, to AYES: Chairperson Baker, Commissioner Cardosa, Dominguez, Douglas, Montgomery, and Segall NOES: ABSENT: Commissioner Whitton ABSTAIN: H***' ^ ±41 N. ^ <*v^^*Bi JULIE(BAK&R, Chairperson CARLSBAE^LANNING COMMISSION ATTEST: 0) "y/«£w ' V044 DONNEU Planning Director PC RESO NO. 6288 -3- Exhibit "LCPA 05-03' LCPA 05-03 LAND USE AURA CIRCLE 1/9/07 RLM PROJECT BOUNDARY RLM EXISTING RLM PROJECT BOUNDARY RLM PROPOSED Related Cases File No(s): GPA 05-06/ZC 05-03/CT03-10/SDP 05- 05/HDP 03-05/CDP 03-32 G.P. Map Designation Change Property A. 207-100-48 B. C. D. From: RLM To: RLM/OS LCPA 05-03 ZONE CHANGE AURA CIRCLE 1/9/07 R-1-8,000 PROJECT BOUNDARY R-1-8,000 EXISTING PROPOSED Related Cases File No(s): GPA 05-06/ZC 05-03/CT 03-10/SDP 05- 05/HDP 03-05/CDP 03-32 Zone Change Property From:To: A. 207-100-48 B. C. D. R-1-8,000 R-1-8.000/O-S