HomeMy WebLinkAbout1998-07-01; Planning Commission; Resolution 42890 e
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PLANNING COMMISSION RESOLUTION NO. 4289
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
TO RDM ON PROPERTY GENERALLY LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF EL
CAMINO REAL AND COLLEGE BOULEVARD IN LOCAL
FACILITIES MANAGEMENT ZONE 15.
CASE NAME: TERRACES AT SUNNY CREEK
CASE NO: ZC 96-01
WHEREAS, CanAm Properties, LLC, “Developer”, has filed a
APPROVAL OF A ZONE CHANGE FROM L-C, C-2 AND 0
application with the City of Carlsbad regarding property owned by CanAm Propertie;
“Owner”, described as
A portion of Lot “B” of Rancho Agua Hedionda, in the City
Carlsbad, County of San Diego, State of California, per Map therc
No. 823, filed in the Office of the County Recorder of said coun’
November 16,1896, and Lots 1 thru 10 of CT 83-36 per Map No. 112
as recorded in the Office of the County Recorder of San Diego Coun
May 23,1985.
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as sk
Exhibits “ZC 96-01” and Exhibit “X” attached hereto and incorporated by this re
TERRACES AT SUNNY CREEK - ZC 96-01, as provided by Chapter 2 1.52 of the (
Municipal Code; and
WHEREAS, the Planning Commission did on the 3rd day of June 1998, t
day of June 1998, and the 1st day of July 1998, hold a duly noticed public hearing as prc
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tes
and arguments, if any, of all persons desiring to be heard, said Commission considered all
relating to the Zone Change; and
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cor,
01 as set forth in draft City Council Exhibit “X” attached hereto - 1
the following findings and subject to the following conditions:
RECOMMENDS APPROVAL Of TERRACES AT SUNNY CREEK.
Findings:
1. That the proposed Zone Change from the designations shown on “ZC 9
consistent with the goals and policies of the General Plan, in that rezoning
to the designations proposed will:
a. provide for the development for a variety of land uses which ha.
carefully planned to maximize the best use of the site, and contribut
economic viability of the city in compliance with Goal A.3 of the L:
Element;
b. provide new housing with a diversity of types and prices in that the
includes both multiple family attached and single family detached
types at densities ranging from 4.5 du/ac to 22.9 du/ac. in compliance
Goal 2 of the Housing Element;
c. provide a minimum of fifteen percent of all units approved as afforc
lower income households as this project will provide 31% of its 1
affordable units in compliance with Policy 3.6.a of the Housing Elemel
d. provide an adequate circulation infrastructure concurrent with or 1
the actual demand for such facilities as this project is conditioned to cc
its fair share of circulation infrastructure as described in the Zone 15
consistent with Objective B.l and Policy C.l of the Circulation Elemel
2. That the Zone Change will provide consistency between the General PI
Zoning as mandated by California State law and the City of Carlsbad Gene]
Land Use Element, in that the zoning designations shown on Exhibit “ZC
implement the General Plan designations shown on Exhibit “GPA 96-01”
3. The uses allowed by the proposed zone change are compatible with surrc
land uses in that: the residential uses are buffered by open space and circ
element roadways from the adjacent C-M and C-2 zoned properties.
PC RES0 NO. 4289 -2-
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Conditions:
1. Approval of ZC 96-01 is granted subject to the approval of EIR 98-01, GPA 9(
190(B), LFMP 87-15(B), CT 96-02, SDP 97-02, PUD 96-02, HDP 96-02, Sui
SUP 96-02, AND SUP 96-03.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conven
“fees/exactions.”
You have 90 days from date of final City Council approval to protest imposition I
feedexactions. If you protest them, you must follow the protest procedure set
Government Code Section 66020(a), and file the protest and any other required informat:
the City Manager for processing in accordance with Carlsbad Municipal Code Section 3
Failure to timely follow that procedure will bar any subsequent legal action to attack, re1
aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e:
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p:
zoning, grading or other similar application processing or service fees in connection u
project; NOR DOES IT APPLY to any feedexactions of which you have previously bee
a NOTICE similar to this, or as to which the statute of limitations has previously ot
expired.
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PC RES0 NO. 4289 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the 1
Commission of the City of Carlsbad, held on the 1st day of July 1998, by the following
wit:
AYES: Chairperson Noble, Commissioners Heineman, Monroy
and Compas
NOES: Commissioners Nielsen, Savary and Welshons
ABSENT:
ABSTAIN:
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BAILEY NOB$&, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: .
Planning Director
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PC RES0 NO. 4289 -4-
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EXISTING
PROPOSED
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TERRACES AT SUNNY CREEK
ZC 96-01
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e e
EXHIl
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING SECTION 2 1.05.030
OF THE CARLSBAD MUNICIPAL CODE (THE ZONING
REGARDING PROPERTY GENERALLY LOCATED AT THE
NORTHEAST CORNER OF FUTURE COLLEGE
BOULEVARD AND EL CAMINO REAL IN LOCAL
FACILITIES MANAGEMENT ZONE 15
CASE NAME: TERRACES AT SUNNY CREEK
CASE NO.: ZC 96-01
The City Council of the City of Carlsbad, California, does ordain as follov
SECTION I: That Section 21.05.030 of the Carlsbad Municipal Code, bei
MAP) TO APPROVE A ZONE CHANGE TO RD-M,
Zoning Map, is hereby amended as shown on Exhibit “ZC 96-01” of Planning Con
Resolution No. 4289.
SECTION 11: That the findings and conditions of the Planning Commissic
forth in Planning Commission Resolution No. 4289 constitute the finds and condition
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
published at least once in a publication 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 on the day of 1998, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of thl
Carlsbad on the day of 1998, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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