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HomeMy WebLinkAbout2004-03-02; City Council; Resolution 2004-071RESOLUTION NO. 2004-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE MELLO II SEGMENT OF THE CARLSBAD LOCAL COASTAL PROGRAM TO BRING THE LAND USE DESIGNATIONS IN THE LOCAL COASTAL PROGRAM INTO CONFORMANCE WITH THE CARLSBAD GENERAL PLAN AND ZONING MAP ON PROPERTY LOCATED NORTH OF FARADAY AVENUE AT THE SOUTHERN TERMINUS OF TWAIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KIRGIS TENTATIVE MAP CASE NO: LCPA 03-01 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, Pergola, Inc., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Kirgis 1996 Trust, “Owner,” described as All that portion of Lot ‘IF” of Rancho Agua Hedionda, in the County of San Diego, State of California, as shown on Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, on November 16, 1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “LCPA 03-01 - Zoning” dated September 3, 2003 attached hereto and on file in the Planning Department, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and 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, the Planning Commission did on the 3rd day of September 2003, on the 17th day of September 2003, and on the 5th day of November 2003 hold duly noticed public hearings as prescribed by law to consider said request; and WHEREAS, at said public hearings, 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. WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program; and WHEREAS, the City Council of the City of Carlsbad, did on the 3rd day of February, 2004, hold a public hearing to consider the recommendations and heard all persons interested in or opposed to GPA 03-01/ZC 03-01/LCPA 03-01/CT 02-06/PUD 02-02/CDP 02-05/HDP 02-01 , NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, as follows: A. B. That the foregoing recitations are true and correct. The State mandated six-week review period, started on July IO, 2003, and ended on August 21,2003. No comments have been received. C. That based on the evidence presented at the public hearing, LCPA 03-01 is approved, based on the following findings, and subject to the following conditions: 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 the proposed land use designation changes will be consistent with the proposed development and conservation of the property. 2 Resolution No. 2004-071 page 2 4f 1 2 3 4 5 6 7 8 9 10 11 12 13 <:08 ow2 2045 iU, 14 crlz 15 u->g 9 "nk #a- s&%$ $$$: 16 17 18 19 20 21 22 23 24 25 26 27 28 0 a> sug E:? aoJ u 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 City of Carlsbad General Plan Land Use and Zoning Maps. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, held on the 2nd day of March , 2004 by the following vote, to wit: AYES:council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None - ABSENT: None 3 Resolution No. 2004-071 page 3