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HomeMy WebLinkAbout2015-03-18; Planning Commission; Resolution 7091 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO AMEND THE IMPLEMENTING ORDINANCE, CARLSBAD RANCH SPECIFIC PLAN, TO INCREASE THE ALLOWED NUMBER OF LEVELS FROM THREE TO FOUR FOR THE HABITABLE PORTIONS OF BUILDINGS WITHIN CARLSBAD RANCH SPECIFIC PLAN PLANNING AREA 5 LOCATED NORTH OF LEGOLAND CALIFORNIA, SOUTH OF CANNON ROAD, EAST OF LEGOLAND DRIVE, AND WEST OF THE CROSSINGS GOLF COURSE IN LOCAL FACILITIES MANAGEMENT ZONE 13 AND THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM CASE NAME: CARLSBAD RANCH PLANNING AREA 5 CASE NO: LCPA 14-02 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, Grand Pacific Carlsbad, L.P., “Developer/Owner,” has filed a verified application for an amendment to the Local Coastal Program Implementing Ordinance regarding property described as Parcel A of Boundary Adjustment 06-18, in the City of Carlsbad, County of San Diego, State of California, per Certificate of Compliance filed in the Office of the County Recorder of said county on October 6, 2006 as File No. 2006-0714868 (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “PLANNING AREA 5” dated March 18, 2015, attached to draft City Council Ordinance for SP 207(J), as provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, the Planning Commission did on March 18, 2015, hold a duly noticed public hearing as prescribed by law to consider said request; and 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 PLANNING COMMISSION RESOLUTION NO. 7091 PC RESO NO. 7091 -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 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 January 28, 2015 and ending on March 11, 2015, 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 RECOMMENDS APPROVAL of CARLSBAD RANCH PLANNING AREA 5 – LCPA 14-02 based on the following findings, and subject to the following condition: 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 II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that no physical changes to an existing approved development project are being requested and therefore no impact to coastal resources or applicable coastal zone policies will be affected. 2. That the Local Coastal Program Amendment is required since the implementing ordinance for the Carlsbad Ranch Planning Area 5 is amended by SP 207(J). Conditions: 1. This approval is granted subject to the approval of SP 207(J) and is subject to all conditions contained in Planning Commission Resolution No. 7090 for that other approval incorporated herein by reference. . . . . . . . . . . . . . . . . . . . . . . . .