HomeMy WebLinkAbout1998-07-01; Planning Commission; Resolution 42910 0
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PLANNING COMMISSION RESOLUTION NO. 4291
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LOCAL
FACILITIES MANAGEMENT PLAN FOR ZONE 15 ON
PROPERTY GENERALLYLOCATEDEASTOFELCAMINO
REAL, NORTH OF FARADAY AVENUE, AND SOUTH OF
THE FUTURE COLLEGE BOULEVARD.
CASE NAME: ZONE 15
CASE NO: LFMP 87- 15(B)
WHEREAS, CanAm Properties, LLC, “Developer”, has filed a
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 of
Carlsbad, County of San Diego, State of California, per Map thereof
No. 823, filed in the Office of the County Recorder of said county,
November 16,1896, and Lots 1 thru 10 of CT 83-36 per Map No. 11242
as recorded in the Office of the County Recorder of San Diego County
May 23,1985.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Local F
Management Plan Amendment as shown on Exhibit(s) “Local Facilities Manageme:
Amendment Zone 15” dated June 10,1998, on file in the Planning Department, TERl
AT SUNNY CREEK - LFMP 87-15(B) as provided by Chapter 21.90 of the (
Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of June 13
17th day of June 1998, and the 1st day of July 1998, hold duly noticed public he:
prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te:
and arguments, if any, of all persons desiring to be heard, said Commission considered al:
relating to the Local Facilities Management Plan Amendment for Zone 15.
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WHEREAS, on April 10, 1990, the City Council by its Resolution No
approved, LFMP 87-15, [original adoption] as described and conditioned in
Commission Resolution No. 2972.
WHEREAS, it is necessary and desirable to amend the Local 1
Management Plan for Zone 15.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the I
Commission as follows:
A) That the above recitations are true and correct
B) That based on the evidence presented at the public hearing, the Con
RECOMMENDS APPROVAL of TERRACES AT SUNNY CREEK
87-15(B), based on the following findings and subject to the following COI
Findines:
1. That the proposed Local Facilities Management Plan for Zone 15 is consistent
Land Use Element, and the other Elements contained in the General Plan, in
project is consistent with Growth Management Policies C.1, C.2 and C.3 of tl
Use Element of the General Plan:
a. adequate provision has been made for the provision of public f
concurrent with need;
b. all public facilities performance standards will be complied with, and
c. funding for all necessary public facilities and services will be gua
prior to any development approvals, grading or building permits.
2. That the Local Facilities Management Plan for Zone 15 is consistent with Chapt
of the Carlsbad Municipal Code (Growth Management) and with the Citywide E
and Improvement Plan, in that this Facility Plan has been amended consiste
Section 21.90.110, and all facility and service impacts (demands) associated 7
proposed land use changes effected by the companion approval of the discre
permits for Terraces at Sunny Creek have been analyzed and adequate facili
services to those changes have been incorporated into the project or conditi
be implemented.
3. That the Local Facilities Management Plan for Zone 15 and the conditions cc
therein will promote the public safety and welfare by ensuring that public facili
PC RES0 NO. 4291 -2-
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be provided in conformance with the adopted performance standards and will be
prior to development occurring, in that all public facilities and services requ
the development of Terraces at Sunny Creek, processed in association Y
LFMP amendment, are either already in place or will be provided
conditions of approval placed on the future tentative maps or site developmc
for the site.
4. The Local Facilities Management Plan for Zone 15 will control the timing and
of growth by linking the pace of development to the provision of public facil
improvements, in that the Zone 15 LFMP contains a phasing plan as well as 2
financing plan to ensure the coordination of development with the pro\
necessary public facilities and services.
5. The Local Facilities Management Plan for Zone 15 will ensure public facili
services are available in conformance with the adopted performance st
prior to development occurring as it links the rate of development to the pr
of necessary public facilities and services.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Local Facilities Management Plan Amendment doc
necessary to make them internally consistent and in conformity with final actic
project.
2. Approval of LFMP 87-15(B) is granted subject to the approval of EIR 98-01, (
SUP 96-02, SUP 96-03. LFMP 87-15(B) is subject to all conditions cont
Planning Commission Resolution No. 4287 for the EIR.
01, ZC 96-01 SP 190(B), CT 96-02, PUD 96-02, HDP 96-02, SDP 97-02, SU
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conveI
“fees/exactions”
You have 90 days from date of final City Council approval to protest imposition
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/€
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor 1
zoning, grading or other similar application processing or service fees in connection 1
1 PC RES0 NO. 4291 -3-
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project; NOR DOES IT APPLY to any feedexactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 1st day of July 1991
following vote, to wit:
AYES: Chairperson Noble, Commissioners Heineman, Monroy
and Compas
NOES: Commissioners Nielsen, Savary and Welshons
ABSENT:
ABSTAIN:
Q ->pt .<?&yL. .&;g<#$ZG,,,? WJ 8 ' L u -2 k?$3
BAILEY NOBLk, Chairperson
CAFUSBAD PLANNING COMMISSION
ATTEST: . 1
Planning Director
i I I
PC RES0 NO. 4291 -4-