HomeMy WebLinkAbout2000-01-05; Planning Commission; Resolution 4700t
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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
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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-
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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-
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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
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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-
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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