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HomeMy WebLinkAbout2001-06-20; Planning Commission; Resolution 49881 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 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. 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 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- 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 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- 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 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/ Ill Ill Ill 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 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: