HomeMy WebLinkAbout2001-06-20; Planning Commission; Resolution 49881
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PLANNING COMMISSION RESOLUTION NO. 4988
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM L-C TO R-l-7,500-Q
ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE
OF BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND
NORTH OF AVIARA PARKWAY IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: LYNN PARCEL MAP
CASE NO: zc 01-03
WHEREAS, William R. Lynn and Candace C. Lynn, “Developer,” and
“Owner,” has filed a verified application with the City of Carlsbad regarding property described
as
That portion of the south half of the northeast quarter of the
southeast quarter of Section 22, 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 June 20, 2001, on file in the
Planning Department, LYNN PARCEL MAP - ZC 01-03 as provided by Chapter 21.52 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 20th day of June 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) 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 LYNN PARCEL MAP - ZC 01-03 based
on the following findings and subject to the following conditions:
Findings:
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 and Local Coastal Program in that the proposed zone replaces the
L-C Zone which is intended to be an interim zone designation. The proposed R-l-
7,500-Q zone is consistent with the RLM General Plan and Local Coastal Program
land use designations and with 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 Negative Declaration and LCPA
01-04 and is subject to all conditions contained in Planning Commission Resolutions
No. 4987 and 4989 for those other approvals.
2. This approval shall be null and void if the project site subject to this approval is not
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City
shall not issue any grading, building, or other permit, until the annexation is
completed. The City Manager is authorized to extend the 60 days, for a period not
to exceed 120 days, upon a showing of good cause.
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
PC RESO NO. 4988 -2-
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 20th day of June 2001, by the following vote,
to wit:
AYES: Chairperson Segall, Commissioners Baker, Heineman, Nielsen,
and Trigas
NOES:
ABSENT: Commissioners Compas and L’Heureux
ABSTAIN:
1
CARLSBAD PLANI&NG COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4988 -3-
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Exhibit “X”
June 20,200l
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
CHANGE, ZC 01-03, FROM L-C TO R-1-7,500-Q ON 2.027
ACRES LOCATED ON THE WEST SIDE OF BLACK RAIL
ROAD, SOUTH OF POINSETTIA LANE AND NORTH OF
AVIARA PARKWAY IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: LYNN PARCEL MAP
CASE NO.: ZC Ol-03/LCPA 01-04
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION I: That Section 21.05.030 of the Carlsbad Municipal Code, being the
zoning map, is amended as shown on the maps marked Exhibit “ZC Ol-03/LCPA 01-04”
attached hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission as set
forth in Planning Commission Resolutions No. 4987, 4988, and 4989 constitute the findings 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.
/I/
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council held on the day of ,2001, and thereafter
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:
LORRAINE M. WOOD, City Clerk
(SEAL)
-2-
PROPERTY ZONE CHANGE zc: 01-03
draft 0 final 0
Project Name: LYNN PARCEL MAP
Legal Description(s):
1 Related Case File No(s): LCPA Ol-OWCDP 01-07
That portion of the south half of the northeast quarter of
the southeast quarter of Section 22, Township 12 south,
Range 4 west, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, State of California,
according to the o
I
Attach additional pages if necessary
PROPERTY ZONE CHANGE LCPA: 01-04
draft 0 final 0
Prniect Nnme. I YNN PARCFI MAP 1 Related Case File No(s): ZC Ol-03/CDP 01-07 . -,--‘. _- . ..-. -. . _. _ . , . . .--- . ..~ . . \ I
Legal Description(s):
That portion of the south half of the northeast quarter of
the southeast quarter of Section 22, 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: To:
A. 2 15-070-09-00 L-C R-l -7,500-Q
B.
C.
D.
Attach additional pages if necessary
Approvals
Council Approval Date:
Ordinance No:
Effective Date:
Signature: