HomeMy WebLinkAbout1999-10-06; Planning Commission; Resolution 4627c
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PLANNING COMMISSION RESOLUTION NO. 4627
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM L-C TO R-1-7,500-
Q AND 0-S ON PROPERTY GENERALLY LOCATED NORTH
OF POINSETTIA LANE BETWEEN AVIARA PARKWAY
AND BLACK RAIL ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: ROESCH PROPERTY SUBDIVISION
CASE NO: ZC 98-12
8 I1 WHEREAS, Standard Pacific Corporation, “Developer”, has filed :
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application with the City of Carlsbad regarding property owned by Ronald L. Roesch,
described as
That portion of Section 22, Township 12 South, Range 4 West,
San Bernardino Base and Meridian, in the City of Carlsbad,
County of San Diego, State of California, according to official
plat thereof, as described in Certificate of Compliance record
March 11,1997 as File No. 1997-0106633 official
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(“the Property”); and
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WHEREAS, said application constitutes a request for a Zone Change as ~
Exhibit “XX” dated October 6, 1999, attached hereto and made a part hereof, E
PROPERTY SUBDIVISION, ZC 98-12, provided by Chapter 21.52 of the Carlsbad E
Code; and
21 WHEREAS, the Planning Commission did on the 6th day of October, 1
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26 relating to the Zone Change; and
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and arguments, if any, of all persons desiring to be heard, said Commission considered 24
WHEREAS, at said public hearing, upon hearing and considering all 23
a duly noticed public hearing as prescribed by law to consider said request; and
27 /I NOW, THEREFORE, BE IT HEREBY RESOLVED by the
28 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 COI
RECOMMENDS APPROVAL of ROESCH PROPERTY SUBDl
based on the following findings and subject to the following conditions
Findinm:
1. That the proposed Zone Change from L-C to R-1-7,5OO-Q/O-S is consistent
goals and policies of the various elements of the General Plan, in that the
zones replace the L-C Zone which is intended to be an interim zone
consistent with the designations required for the property by the Zone 2G
Plan which was found to be consistent with the General Plan. The propo;
space designation implements various goals and policies of the Open SI
Conservation Element 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 One Family Residential (R-1-7,500) Zone implem
property’s RLM General Plan designation and the Open Space (0-S)
consistent with the portion of the property designated by the General Pla
and the remainder of the property to be preserved as Open Space by a
dedicated open space easement.
14 3. That the Zone Change is consistent with the public convenience, necessity an(
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implement the applicable policies of the General Plan. 15 welfare, and is consistent with sound planning principles in that the zone chank
4. The Q-Overlay Zone, made a part of the proposed zone change, provides
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19 Conditions:
2o 1. This approval is granted subject to the approval of the Mitigated Negative De(
21 and Mitigation Monitoring and Reporting Program, LCPA 98-09, CT 98-
99-05, HDP 98-21, and CDP 98-86. ZC 98-12 is subject to all conditions con
with discretionary review over the placement of the residential units to ass
they conform to all applicable regulations.
22 Resolutions 4626,4628,4629,4630,4631, and 4632.
23 NOTICE
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Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conver
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exac
you protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t
11 PC RES0 NO. 4627 -2-
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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 fees/c
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor 1
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 be
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 6th day of October, 1999, by the 1
vote, to wit:
AYES: Vice Chairperson Compas, Commissioners L’Heureux,
Segall, Trigas, and Welshons
NOES:
ABSENT: Chairperson Heineman
ABSTAIN:
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WILLIAM COMPAS, Vice ChaiGerson
CARLSBAD PLANNING COMMISSION
ATTEST: ,
Planning Director
PC RES0 NO. 4627 -3 -
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PROPERTY ZONE CHANGE ZC: 98-12
draft IXI fil
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Property/Legal Description(s): LCPA 98-09,, CT 98-1 9, HDP 98-21, CDP 98-86 ' Project Name: Roesch Property Subdivision I Related Case File No(s):
Being that portion of Section 22, Township 12 south, 99-05
Range 4 west, San Bernardino Base and Meridian, in the
City of Carlsbad according to the official plat thereof, as
described in Certificate of Compliance recorded March
11, 1997 as file no. 1997-01 06633 of official records.
Zone Change Approvals
Property: Council Approval Date: To: From:
A. 21 5-070-27 Ordinance No: R-I -7,500-Q&OS L-c
Effective Date:
Signature:
I I I Attach additional pages if necessary I
e e
a LOCAL COASTAL PROGRAM LCPA: 984
draft IXI fina
Project Name: Roesch Property Subdivision I Related Case File No(s):
Property/Legal Description(s): ZC 98-12, CT 98-19, HDP 98-21, CDP 98-86, SI
Being that portion of Section 22, Township 12 south, 05
Range 4 west, San Bernardino Base and Meridian, in the
City of Carlsbad according to the official plat thereof, as
described in Certificate of Compliance recorded March 11,
1997 as file no. 1997-01 06633 of official records.
LCPA Map Designation Change Approvals
Property Council Approval Date: To: From:
A. 21 5-070-27 Resolution No: R-I -7,500-QaOS L-c
Effective Date:
Signature:
Attach additional pages if necessary