HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 45740 0
1 II PLANNING COMMISSION RESOLUTION NO. 4574
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
Q ON PROPERTY GENERALLY LOCATED ON THE ON THE
EAST SIDE OF BLACK RAIL ROAD, SOUTH OF
POINSETTIA LANE AND NORTH OF AVIARA PARKWAY
IN LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: HADLEY PROPERTY
CASE NO: ZC 98-10
APPROVAL OF A ZONE CHANGE FROM L-C TO R-1-7,500-
8 I/ WHEREAS, Spectrum Communities, L.L.C., “Developer”, has filed a
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application with the City of Carlsbad regarding property owned by Paul and Peggy
Family Trust, “Owner”, described as
A portion of the south half of the southwest quarter of the
southeast quarter of Section 22, Township 12 south, Range 4
west, San Bernardino base and meridian, in the County of San
Diego, State of California, according to the United States
Government Survey.
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(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as s
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Exhibit(s) “AA” dated July 7, 1999, attached hereto and made a part hereof, H
PROPERTY - ZC 98-10 as provided by Chapter 21.52 of the Carlsbad Municipal Code
WHEREAS, the Planning Commission did on the 7th day of July, 1991
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21 duly noticed public hearing as prescribed by law to consider said request; and
22 WHEREAS, at said public hearing, upon hearing and considering all tl
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and arguments, if any, of all persons desiring to be heard, said Commission considered a
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relating to the Zone Change; and
26 ll NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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Commission as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Cor
on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of HADLEY PROPERTY - ZC 98-
Findings:
1. That the proposed Zone Change fi-om Limited Control (L-C) to On
Residential, 7,500 square foot lot size minimum, Qualified Development
Zone (R-1-7,500-Q) is consistent with the goals and policies of the various ele
the General Plan, in that the proposed zone replaces the L-C Zone which is
to be an interim zone. The proposed zone is consistent with the RLM des
required for the property by the Zone 20 Specific Plan which was earlier
be consistent with the General Plan.
2. That the Zone Change will provide consistency between the General Plan and 2
mandated by California State law and the City of Carlsbad General Plan L
Element, in that the zoning designation shown on Exhibit “AA” implem
existing FUM General Plan Land Use Designation.
3. The residential uses allowed by the proposed zone change are compati
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 ass
they conform to all applicable regulations.
Conditions:
1. Approval of ZC 98-10 is granted subject to the approval of the Mitigated
Declaration and Mitigation Monitoring and Reporting Program and LCP
ZC 98-10 is subject to all conditions contained in Planning Commission Resolu
4573 and 4575, the Mitigated Negative Declaration and Mitigation Monito
Reporting Program and LCPA 98-07.
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 the date of final approval to protest imposition of these fees/€
If 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
follow that procedure will bar any subsequent legal action to attack, review, set aside
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feed
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
PC RES0 NO. 4574 -2-
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zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any feedexactions of which you have previously bc
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 July, 1999, by the followin:
wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heure
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
*
Planning Director
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e e EXHIBIT ‘‘1
July 7, 1
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
AMENDMENT CHANGING THE PROPERTY’S ZONING
LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD,
SOUTH OF POINSETTIA LANE AND NORTH OF AVIARA
PARKWAY lN LOCAL FACILITIES MANAGEMENT ZONE
20.
CASE NAME: HADLEY PROPERTY
CASE NO.: ZC 98-1 OILCPA 98-07
The City Council of the City of Carlsbad, California, does ordain as follor
SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, 1
zoning map, is amended as shown on Exhibit “BB” attached hereto and made a part here’
SECTION 2: When effective, this ordinance will also constitute an am
to the Local Coastal Program Land Use Map as shown on Exhibit “CC” attached to 1
Commission Resolution No. 4575 and made a part hereof.
CHANGE, ZC 98-10 AND LOCAL COASTAL PROGRAM
FROM L-C TO R-1-7,500-Q ON PROPERTY GENERALLY
EFFECTIVE DATE: This ordinance shall be effective thirty days
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 Carlsbac
fifteen days after its adoption. (Not withstanding the preceding, this ordinance sha2
effective within the City’s Coastal Zone until approved by the California Coastal Cornmi.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsl
Council on the day of 1999, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of th
Carlsbad on 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)
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@
v PROPERTY ZONE CHANGE
e EXHIBIT "BE
July 7, 1999
ZC: 98-10
draft H fin
Project Name: HADLEY PROPERTY I Related Case File No(s):
Legal Description(s): A portion of the south half of the LCPA 98-07/CT 98-17EIDP 98-17/CDP 98-74
southwest quarter of the southeast quarter of Section 22,
Township 12 south, Range 4 west, San Bernardino base and
meridian, in the County of San Diego, State of California,
according to the United States Government Survey.
Zone Change Approvals
Property: Council Approval Date: To : From:
A. 21 5-080-1 9-00 Ordinance No: R-I -7,500-Q L-C
B.
Signature: C.
Effective Date:
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Attach additional pages if necessary I