HomeMy WebLinkAbout2001-01-17; Planning Commission; Resolution 48981
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PLANNING COMMISSION RESOLUTION NO. 4898
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
ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE
OF BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND
NORTH OF AVIARA PARKWAY IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: TABATA
CASE NO: zc 00-04
WHEREAS, Canterina, LLC, “Developer,” and “Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
The north half of the northwest quarter of the northwest
quarter of the northeast quarter of Section 27, Township 12
south, Range 4 west, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, State of California, according
to the official plat thereof
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit “X,“ attached hereto and made part thereof dated January 17, 2001, on file in the
Planning Department, TABATA - ZC 00-04 as provided by Chapter 21.52 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of January, 2001,
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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Zone Change; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
-4 That the foregoing recitations are true and correct
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of TABATA - ZC 00-04 based on the
following findings and subject to the following conditions:
Findines:
1.
2.
3.
4.
That the proposed Zone Change from Limited Control (L-C) to One-family
Residential, 7,500 square foot lot size minimum, Qualified Development Overlay
Zone (R-1-7,500-Q) is consistent with the goals and policies of the various elements of
the General Plan, in that the proposed zone replaces the L-C Zone which is intended
to be an interim zone designation. The proposed R-1-7,500-Q zone is consistent with
the RLM General Plan land use designation and by the Zone 20 Specific Plan which
was earlier found to be consistent with the General Plan.
That the Zone Change will provide consistency between the General Plan and Zoning as
mandated by California State law and the City of Carlsbad General Plan Land Use
Element, in that the zoning designation shown on Exhibit “AA” implements the
existing General Plan Land Use Designation.
That the Zone Change is consistent with the public convenience, necessity and general
welfare, and is consistent with sound planning principles in that residential uses allowed
by the proposed zone change are compatible with surrounding and future
residential and agricultural uses.
The Q-Overlay Zone, made part of the proposed zone change, provides the City
with discretionary review over the placement of the residential units to assure that
they will conform to all applicable regulations.
Conditions:
1. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and reporting Program and LCPA 00-04 and is subject to
all conditions contained in Planning Commission Resolutions No. 4897 and 4899 for
those other approvals.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
PC RESO NO. 4898 -2-
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 17th day of January 2001, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compaq Heineman,
L’Heureux, and Trigas
NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL I. MLZMLER
Planning Director
PC RESO NO. 4898 -3.
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ORDINANCE NO.
EXHIBIT “X”
January 17,200l
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
CHANGE, ZC 00-04, FROM L-C TO R-l-7,500-Q ON
PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF
BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND
NORTH OF AVIARA PARKWAY IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: TABATA
CASE NO.: ZC OO-04iLCPA 00-04
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 the
zoning map, is amended as shown on the map marked Exhibit “ZC OO-04/LCPA 00-04” attached
hereto and made a part hereof
SECTION II: That the findings and conditions of the Planning Commission as set
forth in Planning Commission Resolution No. 4898 and 4899 constitute the findings and
conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a newspaper of general circulation within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council held on the day of ,2001, and thereafter
Ill
Ill
Ill
III
Ill
PASSED AND ADOPTED at a regular meeting of said City Council held on the
day of , 2001, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
-2.
1 LORRAINE M. WOOD, City Clerk
(SEW
-
PROPERTY ZONE CHANGE zc: 00-04
LCPA: 00-04
draft q final 0
Project Name: Tabata Property 1 Related Case File No(s):
Legal Description(s): The north half of the northwest quarter LCPA 00-04 I CT 00-13 / CDP 00-36
of the northwest quarter of the northeast quarter of Section 27,
Township 12 south, Range 4 west, San Bernardino Meridian, in
the City of Carlsbad, County of San Diego, State of California,
according to the official plat thereof
Zone Change
Property: From:
A. 215-040-04-00 L-C
B.
C.
D.
To:
R-1-7,500-Q
Approvals
Council Approval Date:
Ordinance No:
Effective Date:
Signature:
Attach additional pages if necessary