HomeMy WebLinkAbout1996-02-21; Planning Commission; Resolution 39031
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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:
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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-
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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
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7 NOES: Commissioner Erwin
following vote, to wit:
AYES: Chairperson Compas, Commissioners Noble, Savary and N
a ABSENT: Commissioners Monroy and Nielsen
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ABSTAIN: None
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WILLIAM COMPAS, Chaiderson
CARLSBAD PLANNING COMMISSION
ATTEST:
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MICHAEL J. HOLZMXLER 18
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Planning Director 19
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PC RES0 NO. 3903 -3-
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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
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PASSED AND ADOPTED at a regular meeting of said City Council helc
- day of , 19-, by the following vote, to wit:
AYES:
NOES:
ABSENT:
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CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL11
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BARRIO SPECIFIC PLAN
ZC 95-05