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Home My WebLink About1999-09-15; Planning Commission; Resolution 4618*. 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 PLANNING COMMISSION RESOLUTION NO. 4618 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM E-A AND L-C TO RD-M/Q ON PROPERTY GENERALLY LOCATED ADJACENT TO EL CAMINO REAL JUST SOUTH OF CASSIA ROAD IN LOCAL FACILITIES MANAGEMENT ZONES 21 AND 10. CASE NAME: MANZANITA APARTMENTS CASE NO: ZC 98-09 WHEREAS, Manzanita Partners, LLC, “Developer”, has filed a application with the City of Carlsbad regarding property owned by Bons Revocabl Trust and Manzanita Partners, LLC, “Owners”, described as a portion of the NE and SE % of the SW % of Section 23, T12S, R4W, SBM, County of San Diego (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as the draft ordinance Exhibit “AA” dated September 15, 1999, attached hereto, MAN APARTMENTS ZC 98-09 as provided by Chapter 21.52 of the Carlsbad Municipal Cc WHEREAS, the Planning Commission did on the 15th day of Septem€ hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all and arguments, if any, of all persons desiring to be heard, said Commission considered relating to the Zone Change; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Cc RECOMMENDS APPROVAL of MANZANITA APARTMENTS based on the following findings and subject to the following condition e 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 Findinm: 1. That the proposed Zone Change from E-A and L-C to RD-M/Q is consister goals and policies of the various elements of the General Plan, in that the zoning would replace the existing L-C zoning, which is intended as a zoning designation until proper zoning can be determined, and the exi zoning, which is often applied on sites which are not yet ready f development. 2. That the Zone Change will provide consistency between the General Plan and mandated by California State law and the City of Carlsbad General Plan Element, in that the proposed RD-M/Q zoning implements the existing RL1\ General Plan designations on the subject property. 3. That the Zone Change is consistent with the public convenience, necessity ar welfare, and is consistent with sound planning principals, in that the proposed zoning will allow development of the proposed multi-family project, consistent with the RLh” General Plan designations on the proper compatible with surrounding existing and planned developments. Conditions: 1. Approval of ZC 98-09 is granted subject to the approval of the Mitigated Declaration and Mitigation Monitoring and Reporting Program and LC1 SDP 98-19, SUP 98-06, HDP 98-18, and CDP 98-73, and the parcel map a adjustment which consolidates the two western parcels, and is subjt conditions contained in the Mitigated Negative Declaration and the il Monitoring and Reporting Program and Planning Commission Resolu 4617, 4619, 4620, 4621, 4622, and 4623, and the City Engineer’s appro1 parcel map or lot line adjustment. NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for convc “fees/exactions.” You have 90 days fi-om date of final approval to protest imposition of these fees/exa you protest them, you must follow the protest procedure set forth in Government Coc 66020(a), and file the protest and any other required information with the City Mi 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 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 feedexactions of which you have previously k PC RES0 NO. 461 8 -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 a NOTICE similar to this, or as to which the statute of limitations has previously c expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, held on the 15th day of September, 1999, by the f vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, L’Heure Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HMZMMER Planning Director 11 PC RES0 NO. 4618 -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 0 0 Ex1 Septembe ORDINANCE NO. A ZONE CHANGE CHANGING THE PROPERTY’S ZONING GENERALLYLOCATEDADJACENTTOELCAMINOREAL JUST SOUTH OF CASSIA ROAD IN LOCAL FACILITIES MANAGEMENT ZONES 21 AND 10. CASE NAME: MANZANITA APARTMENTS CASE NO.: ZC 98-091/LCPA 98-06 The City Council of the City of Carlsbad, California, does ordain as follc SECTION I: That the zoning map, being Carlsbad Municipal Cod FROM E-A AND L-C TO RD-M/Q ON PROPERTY 21.05.030, is hereby amended as shown on Exhibit ZC 98-09 attached hereto. EFFECTIVE DATE: This ordinance shall be effective thirty days adoption, and the City Clerk shall certify to the adoption of this ordinance and caul published at least once in a publication of general circulation in the City of Carlsl fifteen days after its adoption. (Not withstanding the preceding, this ordinance sh effective within the City’s Coastal Zone until approved by the California Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carl Council on the day of 1999, and thereafter. Ill1 Ill1 /Ill /Ill /Ill Ill1 /Ill Ill/ . 0 0 1 2 3 4 5 6 9 8 ABSTAIN: 7 ABSENT: PASSED AND ADOPTED at a regular meeting of the City Council of 1 Carlsbad on the day of 1999, by the following vote, to wit: AYES: NOES: 10 ATTEST: 11 CLAUDE A. LEWIS, Mayor 13 12 16 15 14 20 19 18 17 22 21 25 24 23 28 27 26 ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -2- L 0 e .. PROPERTY ZONE CHANGE ZC: 98-09 draft [XI final 0 I Project Name: Manzanita Apts. - ZC 98-09 APN’s: 21 5-020-22, 13 and 21 5-021 -04 Legal Description(s): Related Case File No(s): LCPA 98-06/SDP 98-1 98-06/HDP 98-18/CDP 98-73 Zone Change Approvals Property: Council Approval Date: To: From: A. 21 5-020-22 D. Signature: RDM-Q L-c C. 21 5-021 -04 Effective Date: RDM-Q L-C B. 21 5-020-1 3 Ordinance No: RDM-Q E-A Attach additional pages if necessary LA -. e 0 '. - -. LOCAL COASTAL PROGRAM AMENDMENT LCPA: 98- draft H final 0 I ~___ ~ Project Name: Manzanita Apts. - LCPA 98-06 APN's: 21 5-020-22, 13 and 21 5-021 -04 Legal Description(s): Related Case File No(s): ZC 98-09/SDP 98-1915 98-06/HDP 98-1 8/CDP 98-73 Local Coastal Program Amendment Approvals Property: Council Approval Date: To: From: A. 21 5-020-22 D. Signature: RDM-Q L-c C. 21 5-021-04 Effective Date: RDM-Q L-c B. 21 5-020-1 3 Ordinance No: RDM-Q €-A Attach additional pages if necessary