HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 44960 0
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PLANNING COMMISSION RESOLUTION NO. 4496
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 8 TO
UPDATE FACILITIES REQUIREMENTS BASED ON THE
PROPERTY GENERALLY LOCATED WEST OF EL CAMINO
REAL AND EAST OF VETERANS’ MEMORIAL PARK.
CASE NAME: KELLY RANCH
CASE NO.: LFMP 87-08 (B)
WHEREAS, Kelly Land Company has filed a verified application with
of Carlsbad which includes the subdivision of 178 lots for residential development w.
been referred to the Planning Commission; and
APPROVAL OF THE KELLY RANCH CT 97-1 6 ON
WHEREAS, said application constitutes a request for a Local F
Management Plan Amendment for Zone 8 as shown on strikeout-bold exhibit Zone
Facilities Management Plan Amendment No.2 (dated April 7, 1999, on file in the P
Department) and incorporated by this reference as provided in Section 21.90.125 of the C
Municipal Code; and
WHEREAS, the Zone 8 Local Facilities management plan was adopted
City Council on December 21, 1988 and most recently amended by the City Council on
26, 1999 by City Council resolution No. 99-32; and
WHEREAS, the Planning Commission did, on the 7th day of April 1999
duly noticed public hearing as prescribed 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 Local Facilities Management Plan amendment for Zone 8.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
Commission of the City of Carlsbad as follows:
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A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hean
Commission RECOMMENDS APPROVAL of KELLY R
LFMP 87-08(B), based on the following findings and subjec
following conditions:
Findings:
1. That the Local Facilities Management Plan for Zone 8 is consistent with the Li
Element, the Public Facilities Element, and the other Elements contained in Ca
General Plan, in that the assumed development within the Zone is consiste
Growth Management Policies C.l, C.2 and C.3 of the Land Use Elemenl
General Plan:
A. adequate arrangements have 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 amendment for Zone 8 is consiste
Chapter 21.90 of the Carlsbad Municipal Code (Growth Management), in tl
Facility Plan has been amended consistent with Section 21.90.110, and all
and service impacts (demands) associated with the proposed land uses ha7
analyzed and adequate facilities and services will be incorporated in
concurrent and future projects.
3. That the Local Facilities Management Plan for Zone 8 and the conditions cc
therein will promote the public safety and welfare by ensuring that public facilit
be provided in conformance with the adopted performance standards and will be ti
prior to development occurring, in that all public facilities and services requi
future development will be provided through conditions of approval placed
concurrent and future tentative maps or site development plans for projects
LFMP Zone 8.
4. The Local Facilities Management Plan for Zone 8 will control the timing and locti
growth by timing the pace of development to the provision of public facilit
improvements, in that the Zone 8 LFMP contains a facility financing plan to
the coordination of development with the provision of necessary public facilit I services.
1 PC RES0 NO. 4496 -2-
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5. The Local Facilities Management Plan for Zone 8 will ensure public facili
services are available in conformance with the adopted performance standards
development occurring, in that it links the rate of development to the pro\
necessary public facilities and services.
Conditions:
1. The amended Zone 8 Local Facilities Management Plan, dated April 7, 191
replace in its entirety, the Zone 8 LFMP dated December 21, 1988 and as a
September 24,1998.
2. Approval of LCPA 97-09 is granted subject to the approval of GPA 97-07, Z(
ZCA 99-03, and MP 174(B).
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 fi-om final action to protest imposition of these fees/exactions. If yot
them, you must follow the protest procedure set forth in Government Code Section 6602C
file the protest and any other required information with the City Manager for proce:
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely foll
procedure will bar any subsequent legal action to attack, review, set aside, void, or am
imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feeder
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor pl
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. 4496 -3-
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PASSED AND ADOPTED at a regular meeting of the Planning Corn
the City of Carlsbad on the 7th day of April 1999, by the following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L'Heure
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
ABSTAIN:
COURTNEY E.
CARISBAD PL
ATTEST:
Planning Director
PC RES0 NO. 4496 -4-