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HomeMy WebLinkAbout1999-10-06; Planning Commission; Resolution 4627c 1 2 3 4 5 6 7 e 0 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 : 9 10 11 12 13 14 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 15 16 (“the Property”); and 17 18 20 19 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 22 26 relating to the Zone Change; and 25 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 0 0 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( l6 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 17 18 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 24 25 26 27 28 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- 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 e 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: 14a-1 WILLIAM COMPAS, Vice ChaiGerson CARLSBAD PLANNING COMMISSION ATTEST: , Planning Director PC RES0 NO. 4627 -3 - 0 PROPERTY ZONE CHANGE ZC: 98-12 draft IXI fil , ', 1 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