Loading...
HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 45740 0 1 II PLANNING COMMISSION RESOLUTION NO. 4574 2 3 4 5 6 7 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 9 10 11 12 13 14 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. 15 16 (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as s 17 18 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 19 20 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 23 24 and arguments, if any, of all persons desiring to be heard, said Commission considered a 25 relating to the Zone Change; and 26 ll NOW, THEREFORE, BE IT HEREBY RESOLVED by the 27 28 Commission as follows: A) That the foregoing recitations are true and correct. 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 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 ~ 11 PC RES0 NO. 4574 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1/11 I111 1/11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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) -2- @ 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: n u. I Attach additional pages if necessary I