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HomeMy WebLinkAbout1996-02-21; Planning Commission; Resolution 38991 2 3 4 5 6 7 8 9 10 11 12 0 0 PLANNING COMMISSION RESOLUTION NO. 3899 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDINGAPPROVALOFANAMENDMENTTO THE LAND USE ELEMENT OF THE GENERAL PLAN FROM RESIDENTIAL MEDIUM HIGH DENSITY/OFFICE (RMH/O) TO RESIDENTIAL MEDIUM HIGH DENSITY (RMH) ON PROPERTY GENERALLY LOCATED NORTH AND SOUTH OF CHESTNUT AVENUE BETWEEN THE SAN DIEGO NORTHERN RAILROAD AND ROOSEVELT STREET AND FROM CONTINUATION SCHOOL (HC) TO OPEN SPACE (OS) ON PROPERTY GENERALLY LOCATED SOUTH OF CHESTNUT AVENUE BETWEEN JEFFERSON STREET AND HARDING STREET, IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: BARRIO SPECIFIC PLAN CASE NO: GPA 95-03 WHEREAS, the City of Carlsbad has filed a verified application 13 amendment to the General Plan designation for certain property located, as sh 34 Exhibit 'W', dated February 21, 1996, attached and incorporated herein, which hi 15 filed with the Planning Commission; and 16 WHEREAS, said verified application constitutes a request for Gener 17 Amendment as provided in Government Code Sections 65350 et seq. and Section 21 18 19 Ii of the Carlsbad Municipal Code; and 20 21 hold a duly noticed public hearing as prescribed by law to consider said request; WHEREAS, the Planning Commission did, on the 21st day of FebruaT 22 WHEREAS, at said public hearing, upon hearing and considering all tes 23 11 and arguments, if any, of all persons desiring to be heard, said Commission conside 24 25 26 27 28 A) That the above recitations are true and correct. factors relating to the General Plan Amendment, GPA 95-03. NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1 Commission of the City of Carlsbad, as follows: I1 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 0 0 B) That based on the evidence presented at the public hearing, the Com RECOMMENDS APPROVAL of General Plan Amendment, GPA 95 amendment to the General Plan Land Use designations as shown in 'W, dated February 21,1996,, based on the following findings and su' the following conditions: Findines: 1. The Planning Commission finds that the project, as conditioned herei conformance with the Elements of the City's General Plan, based on the fol a. Land Use - The proposed changes to the land use designations bettel existing development and the preferred development according t residents and property owners. Conditions: 1. Staff is authorized and directed to make all corrections and modifications General Plan Amendment documents, as necessary to make them in consistent and conform to City Council's final action on the Project. Develc shall occur substantially as shown on the approved exhibits. Any PI development substantially different from this approval, shall require an amel to this approval. 2. Approval of GPA 95-03 is granted subject to the approval of SP 209, LCPA ZCA 96-01, ZCA 95-05, and ZC 95-05. GPA 95-03 is subject to all cor contained in Planning Commission Resolutions No. 3898,3900,3901,3902 an General Conditions: 3. If any of the foregoing conditions fail to occur; or if they are, by their term; implemented and maintained over time; if any of such conditions fail tc implemented and maintained according to their terms, the City shall have tl to revoke or modify all approvals herein granted; deny or further condition i! of all future building permits; deny, revoke or further condition all certific , occupancy issued under the authority of approvals herein granted; instit1 I prosecute litigation to compel their compliance with said conditions or seek d for their violation. No vested rights are gained by Developer or a SUCCE interest by the City's approval of this Resolution. EFFECTIVE DATE: This resolution shall become effective upon ac and the General Plan Amendment affected thereby shall become effective Z thereafter. .... I PC RES0 NO. 3899 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 a 0 PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, held on the 21st day of Fe 1996, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Noble, Sava Welshons NOES: Commissioner Erwin ABSENT: Commissioners Monroy and Nielsen ABSTAIN: None 1 dLA* WILLIAM COMPAS, Ctiairperson CARLSBAD PLANNING COMMISSION ATTEST: 3.i 1 7. . ,I 6 t\ , I 6'. f$L(,&\<*, /; ?"l-p.& * q, 3 i , k ( ,<-- ., -. &"". 9 c !L?\7+, 8. i.d 'a ?;", MICHAEL J. HOLZM~LER Planning Director PC RES0 NO. 3899 3 I BARRIO SPECIFIC PLAN GPA 95-03