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HomeMy WebLinkAbout2000-01-05; Planning Commission; Resolution 4700t 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 0 PLANNING COMMISSION RESOLUTION NO. 4700 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM LIMITED LOCATED NORTH OF POINSETTIA LANE, WEST OF EL CAMINO REAL AND EAST OF FUTURE SKIMMER COURT IN LOCAL FACILITIES MANAGEMENT ZONE 2 1. CASE NAME: STEMR PROPERTY CASE NO: ZC 99-06 WHEREAS, Western Pacific Housing-Carlsbad 1, LLC, A Delaware Limil Liability Company, “Developer”, has filed a verified application with the City of CarlsE regarding property owned by Joseph and Marian Steiner and Western Pacific Housing- Camino, LLC, A Delaware Limited Liability Company, “Owners”, described as Being a subdivision of Parcel 1 of Parcel Map 2244, as filed in the Office of the County Recorder of San Diego County on January 10, 1974 as File No. 74-007317 of official records together with Lot 74 and Portion of Lots 67 and 68 of City of Carlsbad Tract 97-15, according to map thereof No. 13839, all in the City of Carlsbad, County of San Diego, State of California. CONTROL TO R-1-7,500-Q ON PROPERTY GENERALLY (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown Exhibit “X” attached hereto and made a part hereof, dated January 5, 2000, on file in Planning Department, STEINER PROPERTY, ZC 99-06, as provided by Chapter 2 1.52 of 1 Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 5th day of January, 2000, hc a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimc and arguments, if any, of all persons desiring to be heard, said Commission considered all fact1 relating to the Zone Change; and 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 0 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannl Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commiss RECOMMENDS APPROVAL of STEINER PROPERTY, ZC 99-06 based the following findings and subject to the following conditions: Findinm: 1. That the proposed Zone Change from L-C to R-1-7,500-Q is consistent with the gc and policies of the various elements of the General Plan, in that the proposed z( replaces the L-C zone which is intended to be an interim zone and is consistent w the Residential Medium (R-M) Land Use designation of the City’s General Plan. 2. That the Zone Change will provide consistency between the General Plan and Zoning mandated by California State law and the City of Carlsbad General Plan Land T Element, in that the R-1-7,500-Q zoning designation as shown on Exhibit “ZC 994 implements the existing Residential Medium General Plan designation. 3. That the Zone Change is consistent with the public convenience, necessity and gent welfare, and is consistent with sound planning principles in that the zone change WOI implement the applicable policies of the General Plan. 4. The Q-Overlay Zone, made a part of the proposed zone change, provides the C with discretionary review over the placement of the residential units to assure tl they conform to all applicable regulations. Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declarat and Mitigation Monitoring and Reporting Program, LCPA 99-05, CT 99-13, S 99-10, HDP 99-12, and CDP 99-26. ZC 99-06 is subject to all conditions containec Resolutions 4699,4701,4702,4703,4704 and 4705. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fi dedications, reservations, or other exactions hereafter collectively referred to for conveniencc “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. you protest them, you must follow the protest procedure set forth in Government Code Sed 66020(a), and file the protest and any other required information with the City Manager processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tin: follow that procedure will bar any subsequent legal action to attack, review, set aside, void annul their imposition. PC RES0 NO. 4700 -2- \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 l:. 4 23 24 25 26 27 28 0 You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactic DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planni zoning, grading or other similar application processing or service fees in connection with 1 project; NOR DOES IT APPLY to any feedexactions of which you have previously been gil a NOTICE similar to this, or as to which the statute of limitations has previously othem expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Plannl Commission of the City of Carlsbad, held on the 5th day of January, 2000, by the follow vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: d CARISBAD PLANNING COMMISSION h PC RES0 NO. 4700 -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 Exhibit “X’ January 5,2000 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 PROPERTY GENERALLY LOCATED NORTH OF POINSETTIA LANE, WEST OF EL CAMINO REAL AND EAST OF FUTURE SKIMMER COURT IN LOCAL FACILITIES MANAGEMENT ZONE 2 1. CASE NAME: STENER PROPERTY CASE NO.: ZC 99-06LCPA 99-05 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being CHANGE, ZC 99-06, FROM L-C TO R-1-7,500-Q ON zoning map, is amended as shown on the map marked Exhibit “ZC 99-06LCPA 99-05” attacl hereto and made a part hereof. SECTION 11: That the findings and conditions of the Planning Commission as forth in Planning Commission Resolution No. 4700 and 4701 constitute the findings a conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to published at least once in a newspaper of general circulation within fifteen days after adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad C Council held on the day of , 2000, and thereafter Ill Ill 111 Ill Ill 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 PASSED AND ADOPTED at a regular meeting of said City Council held on tl day of 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -2- 0 e 8 PROPERTY ZONE CHANGE ZC: 99-061 LCPA 99-05 draft final 0 Project Name: STElNER PROPERTY I Related Case File No(s): Legal Description(s): Being a subdivision of Parcel 1 of LCPA 99-05/ CT 99-13/ SDP 99-1 01 CDP 99-261 HDP I Parcel Map 2244, as filed in the Office of the County Recorder 99-1 2 of San Diego County on January 10, 1974 as File No. 74- 007317 of official records. I Zone Change Approvals Property: D. Signature: C. Effective Date: 6. Ordinance No: R-I -7,500-Q L-C A. 21 5-050-58-00 Council Approval Date: To: From: Attach additional pages if necessary