HomeMy WebLinkAbout2001-02-21; Planning Commission; Resolution 49111
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PLANNING COMMISSION RESOLUTION NO. 4911
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM L-C TO R-l-Q ON
PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF
BLACK RAIL ROAD BETWEEN POINSETTIA LANE AND
AVIARA PARKWAY IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: BUERGER SUBDIVISION
CASE NO: zc 99-05
WHEREAS, William and Anita Buerger, “Developer,“/“Owner,” have filed a
verified application with the City of Carlsbad regarding property, described as
Parcel 1: The northwest quarter of the southwest quarter of
the northwest quarter of the northeast quarter of Section 27,
Township 12 South, Range 4 West, San Bernardino Base and
Meridian, in the County of San Diego, State of California,
according to United States Government Survey, approved
April 21,189O.
Parcel 2: The northeast quarter of the southwest quarter of
the northwest quarter of the northeast quarter of Section 27,
Township 12 South, Range 4 West, San Bernardino Base and
Meridian, in the County of San Diego, State of California,
according to the United States Government Survey approved
April 21, 1890.
Parcel 3: An easement for road and public utility purposes
over, under, upon and across the westerly 30 feet of the south
half of the northwest quarter of the northwest quarter of the
northeast quarter of Section 27, Township 12 Soutb, Range 4
West, San Bernardino Base and Meridian, in the County of
San Diego, State of California, according to United States
Government survey approved April 21,189O.
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit “X” dated February 21, 2001, attached hereto and made a part hereof on file in the
Planning Department, BUERGER SUBDIVISION - ZC 99-05, as provided by Chapter 21.52
of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did on the 21st day of February, 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:
A)
B)
Findings:
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of BUERGER SUBDIVISION ZC 99-05,
based on the following findings and subject to the following conditions:
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-l-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 zone is consistent with the RLM General
Plan land use designation required by the Zone 20 Specilic 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 One-family Residential, Qualilied Overlay Zone (R-l-Q)
implements the property’s RLM General Plan 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 ensure that
they will conform to all applicable regulations.
Conditions:
1. This approval is granted subject to the approval of the Negative Declaration, LCPA 99-
03, CT 99-10, HDP 99-08, and CDP 99-17 and is subject to all conditions contained in
Planning Commission Resolutions No. 4910,4912,4913,4914, and 4915 for those other
approvals.
PC RESO NO. 491 I -2.
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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 tinal 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.
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.
PC RESO NO. 4911 -3.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 2lst day of February, 2001, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compaq Heineman,
Nielsen, and Trigas
NOES:
ABSENT: Commissioner L’Heureux
ABSTAIN:
1
CARLSBAD PLANiING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4911 -4.
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ORDINANCE NO.
EXHIBIT “X”
February 21, 2001
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 99.05, FROM L-C TO R-1-Q ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF BLACK
RAIL ROAD, BETWEEN POINSETTIA LANE AND AVJARA
PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE
20.
CASE NAME: BUERGER SUBDlVlSION
CASE NO.: ZC 99-05/LCPA 99-03
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 99.05/LCPA 99-03” attached
hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission as set
forth in Planning Commission Resolutions No. 4911 and 4912 on tile in the Planning
Department 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 publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not uithstunding the preceding, this ordinnnce shull not be
effective within the City’s Corn--ta1 Zom mtil c~ppvoved by the Callfornirr Coustal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the C&bad City
Council on the ~ day of-.~.~ 2001, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the ~ day of 2001, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
-2.
PROPERTY ZONE CHANGE
Project Name: Buerger 1 Related Case File No(s):
Legal Description(s): LCPA 99-03, CT 99-10, HDP 99-08, CDP 99-17
The northwest and northeast quarters of the southwest
quarter of the northwest quarter of the northeast quarter
of Section 27, Township 12 south, range 4 west, San
Bernardino base and meridian, in the County of San
Diego, State of California, according to United States
Government Survey, approved April 21, 1890.
Zone Change
Property: From: To:
A. 215.040.IO,08 L-C R-1-7,500-Q
B.
C.
D.
Attach additional pages if necessary
Approvals
Council Approval Date:
Ordinance No:
Effective Date:
Signature:
LOCAL COASTAL PROGRAM LCPA: 99-03 cirafi [XI final 0
Project Name: Buerger 1 Related Case File No(s):
Legal Description(s): ZC 99.05. CT 99-10, HDP 99-08, CDP 99-17
The northwest and northeast quarters of the southwest
quarter of the northwest quarter of the northeast quarter of
Section 27, Township 12 south, range 4 west, San
Bernardino base and meridian, in the County of San Diego.
State of California, according to United States Government
Survey, approved April 21, 1890.
LCPA Map Designation Change
Property From: To:
A. 215.040.IO,08 L-C R-1-7,500-Q
Approvals
Council Approval Date:
Resolution No:
Effective Date:
Signature:
Attach additional pages if necessary
I I:‘.wORo’~GPAZC\,.CPi\9903