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HomeMy WebLinkAbout1996-02-21; Planning Commission; Resolution 39031 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I l e 0 PLANNING COMMISSION RESOLUTION NO. 3903 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM R-2, R-3, RD-My RD-M-Q, R-P, C- 1 , C-2 AND 0-S TO S (SPECIFIC PLAN) DESIGNATION ON PROPERTY GENERALLY LOCATED NORTH OF TAMARACK AVENUE, WEST OF INTERSTATE 5, SOUTH OF OAK AVENUE AND EAST OF THE SAN DIEGO NORTHERN RAILROAD, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 1. CASE NAME: BARRIO SPECIFIC PLAN CASE NO: ZC 95-05 WHEREAS, the City of Carlsbad has filed a verified application for Change for certain property, to wit: Portions of tracts 114 and 120 of Carlsbad Lands, according to Map No, 1744; and portions of tracts 100, 106, 107, 108, 110, 113, 114 and 115 oi Carlsbad Lands, according to Map No. 1661; and portion of Block 77 01 Town of Carlsbad, according to Map No. 775; and portions of Tract 231 oi Thum Lands, according to Map No. 1681; and Lots 1 - 13,24 - 47 of Palm Vista, according to Map No. 2969; and Lots 1 and 2 of Tamarack Plaza, according to Map No. 5944; and Blocks B and C of Alles Avocado Acres, according to Map No. 2027, all in the City of Carlsbad, County of San Diego, State of California, as shown on Exhibit "Z", dated February 21, 1996, attached and incorporated herein, h filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said application constitutes a request for a Zone Change as p by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 21st day of FebruarJ 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 testimc arguments, if any, of all persons desiring to be heard, said Commission considered all relating to the Zone Change; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Corn as follows: ll 0 0 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) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Corn RECOMMENDS APPROVAL of Zone Change, ZC 95-05, according to "Z", dated February 21, 1996, attached hereto, based on the following and subject to the following conditions. Findinps: 1. That the proposed Zone Change from (R-2, R-3, RD-M, RD-M-Q, R-P, C-1, C- 0-S) to (S) is consistent with the goals and policies of the various elements General Plan, in that converting the zoning designation to reflect only the speci allows for a unified implementation of the General Plan rather than relying heterogeneous, uncoordinated underlying zoning. 2. That the Zone Change will provide consistency between the General Plan and Zo mandated by California State law and the City of Carlsbad General Plan La Element, in that the S designation allows the specific plan to be the implen ordinance for the Barrio, which more effectively implements the Gener; designations shown in Exhibit "W", dated February 21, 1996 and attac Planning Commission Resolution No. 3899. Conditions: 1. The Planning Commission does hereby recommend approval of the Zone C (Exhibit "Z", dated February 21, 1996, attached hereto) for the change in designation entitled "Barrio Specific Plan", on file in the Planning Departmt incorporated by this reference, subject to the conditions herein set forth. 2 authorized and directed to make all corrections and modifications to the Zone C documents, as necessary to make them internally consistent and conform t Council's final action on the Project. Development shall occur substantially as shc the approved exhibits. Any proposed development substantially different frc approval, shall require an amendment to this approval. 2. Approval of ZC 95-05 is granted subject to the approval of SP 209, GPA 95-03, 95-05, ZCA 96-01 and ZCA 95-05. ZC 95-05 is subject to all conditions conta Planning Commission Resolution No's. 3898, 3899, 3900, 3901 and 3902. General Conditions: 3. If any of the foregoing conditions fail to occur; or if they are, by their terms implemented and maintained over time; if any of such conditions fail to implemented and maintained according to their terms, the City shall have the r revoke or modify all approvals herein granted; deny or further condition issuanct future building permits; deny, revoke or further condition all certificates of occl issued under the authority of approvals herein granted; institute and prosecute lit to compel their compliance with said conditions or seek damages for their violatic PC RES0 NO. 3903 -2- 4 0 0 vested rights are gained by Developer or a successor in interest by the City's app 1 this Resolution. 2 /I PASSED, APPROVED, AND ADOPTED at a regular meeting of the t 3 (1 Commission of the City of Carlsbad, California, held on the 21st day of February, 1996 4 5 6 7 NOES: Commissioner Erwin following vote, to wit: AYES: Chairperson Compas, Commissioners Noble, Savary and N a ABSENT: Commissioners Monroy and Nielsen 9 10 11 12 13 14 15 ABSTAIN: None 1 /d&Yw WILLIAM COMPAS, Chaiderson CARLSBAD PLANNING COMMISSION ATTEST: 16 17 MICHAEL J. HOLZMXLER 18 fb 1 { . .r?\\!: /. - I' ('\i$!,!,&&>Q-*fp-&A \.!ti / ;ifiudd>&-4L Planning Director 19 20 21 22 23 24 25 11 26 27 28 PC RES0 NO. 3903 -3- 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 1 27 28 ~ I 0 0 Exhibit Z February 21, 1996 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 95-05, (SPECIFIC PLAN) ON PROPERTY GENERALLY LOCATED NORTH OF TAMARACK AVENUE, WEST OF INTERSTATE 5, SOUTH OF OAK AVENUE AND EAST OF THE SAN DIEGO NORTHERN RAILROAD, IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BARRIO SPECIFIC PLAN CASE NO: ZC 95-05 The City Council of the City of Carlsbad, California does ordain as follc SECTION I: That Title 21 of the Carlsbad Municipal Code is amended amendment of the zoning map as shown on the map marked Exhibit "ZZ" attached her1 made a part hereof. FROM R-2, R-3, RD-M, RD-M-Q, R-P, C-1, C-2 AND 0-S TO S SECTION 11: That the findings and conditions of the Planning Commis set forth in Planning Commission Resolution No. 3903 constitutes the findings and cor of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days a: adoption, and the City Clerk shall certify to the adoption of this ordinance and cause i published at least once in a newspaper of general circulation in the City of Carlsbad fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsb; Council held on the - day of , 19-, and thereafter i .... ~ 1 .... I .... .... 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 1 e 0 PASSED AND ADOPTED at a regular meeting of said City Council helc - day of , 19-, by the following vote, to wit: AYES: NOES: ABSENT: ~~ CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL11 ~ 4 BARRIO SPECIFIC PLAN ZC 95-05