HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 45044
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PLANNING COMMISSION RESOLUTION NO. 4504
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
Q AND OS ON PROPERTY GENERALLY LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF BLACK
RAIL ROAD AND FUTURE POINSETTIA LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: DE JONG RESIDENTIAL PROJECT
CASE NO: ZC 98-02
APPROVAL OF A ZONE CHANGE FROM L-C TO R-1-7,500-
WHEREAS, Arie De Jong, Jr. Family Trust, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Arie De Jong, Jr.
Trust, “Owner”, described as
Being that portion of Lot 2 of Section 22, Township 12 South,
Range 4 West, San Bernardino Base and Meridan, in the City
of Carlsbad, County of San Diego, State of California
according to the official plat thereof
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as SI
Exhbit “AA” dated March 17, 1999, attached hereto and made a part hereof, DE
RESIDENTIAL PROJECT - ZC 98-02 as provided by Chapter 21.52 of the C
Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of March, 1’
on the 7th day of April, 1999, hold a duly noticed public hearing as prescribed by
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 all
relating to the Zone Change; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
Commission 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 COI
RECOMMENDS APPROVAL of DE JONG RESIDENTIAL PR(
ZC 98-02 based on the following findings and subject to the following c(
Finding:
1. That the proposed Zone Change from Limited Control (L-C) to On
Residential, 7,500 square foot minimum lot size, Qualified Development
Zone (R-1-7,500-Q) and Open Space (OS) is consistent with the goals and p
the various elements of the General Plan, in that the proposed zones replace
Zone which is intended to be an interim zone and are consistent
designations required for the property by the Zone 20 Specific Plan w:
found to be consistent with the General Plan. The proposed open space de;
implements various goals and policies of the Open Space and Conservation
concerning protection of environmental resources.
2. That the Zone Change will provide consistency between the General Plan and i
mandated by California State law and the City of Carlsbad General Plan I
Element, in that the zoning designations shown on Exhibit “AA” imple~
existing RLM and OS General Plan Land Use Designations.
3. The residential uses allowed by the proposed zone change are compatj
surrounding and future residential and agricultural uses.
4. The Q-Overlay Zone, made a part of the proposed zone change, provides
with discretionary review over the placement of the residential units to as;
they conform to all applicable regulations.
Conditions:
1. Approval of ZC 98-02 is granted subject to the approval of the Mitigated
Declaration and Mitigation Monitoring and Reporting Program and LCP
ZC 98-02 is subject to all conditions contained in the Mitigated Negative De
and Mitigation Monitoring and Reporting Program and LCPA 98-01.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exal
you protest them, you must follow the protest procedure set forth in Government Cod
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
PC RES0 NO. 4504 -2- I
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follow that procedure will bar any subsequent legal action to attack, review, set asidc
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
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously E
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, held on the 7th day of April 1999, by the followin
wit:
AYES : Chairperson Heineman, Commissioners Compas, L’Heurt
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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PC RES0 NO. 4504 -3-
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Marc1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030
OF THE CARLSBAD MUNICIPAL CODE BY AN
AMENDMENT TO THE ZONING MAP TO GRANT A ZONE
PROPERTY GENERALLY LOCATED AT THE NORTHEAST
CORNER OF THE INTERSECTION OF BLACK RAIL ROAD
AND FUTURE POINSETTIA LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: DE JONG RESIDENTIAL PROJECT
CASE NO. : ZC 98-02
The City Council of the City of Carlsbad, California does ordain as follol
SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code,
zoning map, is amended as shown on the map marked Exhibit “ZC 98-02” attached h
CHANGE, ZC 98-02 FROM L-C TO R-1-7,500-Q AND OS ON
made a part hereof.
SECTION 11: That the findings and conditions of the Planning Commiss
forth in Planning Commission Resolution No. constitute the findings and conditic
City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days
adoption, and the City Clerk shall certify to the adoption of this ordinance and causc
published at least once in a newspaper of general circulation within fifteen days
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carl5
Council held on the day of , 1999, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City Council 1
the day of , 1999, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
-2-
e e . PROPERTY ZONE CHANGE ZC: 98-02
draft [XI fin;
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Project Name: Dejong Residential Project I Related Case File No(s):
Legal Description(s): Being a portion of Lot 2 of Section LCPA 98-01/CT 98-05/HDP 98-03/CDP 98-26N 9i
22, Township 12 South, Range 4 West, San Bernardino
Base and Meridian, in the City of Carlshad, County of San
Diego, State of California according to t:he official plat
thereof.
Zone Change Approvals
Property: To: Council Approval Date: From:
A. 21 5-080-31 R-1-7,500-Q &OS Ordinance No: L-c
B.
Signature: C.
Effective Date:
D.
Attach additional pages if necessary