HomeMy WebLinkAbout2001-12-05; Planning Commission; Resolution 50711
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PLANNING COMMISSION RESOLUTION NO. 5071
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE OF 37.62 ACRES FROM
LIMITED CONTROL (L-C) TO ONE FAMILY RESIDENTIAL
WITH A QUALIFIED DEVELOPMENT OVERLAY (R-1-7,500-
Q, AND A ZONE CHANGE OF 40.41 ACRES FROM LIMITED
CONTROL (L-C) TO RESIDENTIAL DENSITY-MULTIPLE
WITH A QUALIFIED DEVELOPMENT OVERLAY @D-M-Q)
ON PROPERTY GENERALLY LOCATED NORTH AND
SOUTH OF POINSETTIA LANE, BETWEEN AVIARA
PARKWAY AND SNAPDRAGON DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: THOMPSON/TABATA
CASE NO: ZC 98-08
WHEREAS, Standard Pacific Homes, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Standard Pacific
Corporation and David B. Thompson and Karen R. Thompson, “Owner,” described as
The northeast quarter of the northeast quarter and the southeast
quarter of the northeast quarter of Section 28, Township 12 South,
Range 4 West, San Bernardino Meridian, according to the official
plat thereof; together with that portion of the southeast quarter of
Section 21, Township 12 South, Range 4 West of the San
Bernardino Meridian, according to the official plat thereof, shown
on Parcel B on a Certificate of Compliance recorded November 7,1988 as File No. 88-569475 and on Record of Survey Map No.
12096, filed on March 23, 1989; all lying within the City of
Carlsbad, County of San Diego, State of California; except
therefrom those portions thereof vested with Tabata Brothers
Partnership by documents recorded November 13, 1972 as File No.
303362 and November 4, 1974 as Files No. 74-292547 and 74-
292548; and except therefrom those portions lying within
Poinsettia Lane and Rose Drive as described in Files No. 89-
546752, 89-637695, go-146889 and 91-0036964 of Official
Records
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit “ZC 98-08“ dated November 7, 2001, on file in the Planning Department,
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THOMPSON/TARATA - ZC 98-08 as provided by Chapter 21.52 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did on the 7th day of November, 2001
and on the 5th day of December 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.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of THOMPSON/TARATA ZC 98-08 based on
the following findings and subject to the following conditions:
FindinPs:
1. That the proposed Zone Change from Limited Control (L-C) to One Family
Residential with a Qualified Development Overlay (R-1-7500-Q and R-1-10,000-Q)
and Residential Multiple-Density with a Qualified Development Overlay @D-M-Q)
is consistent with the goals and policies of the various elements of the General Plan, in
that the R-l-Q and RD-M-Q designations implement the existing RLM and RM
General Plan designations, respectively.
2. 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 residential zoning designations would allow the appropriate
implementation of the existing residential General Plan designations.
3. That the Zone Change is consistent with the public convenience, necessity and general welfare, and is consistent with sound planning principles in that it allows for the further
implementation of the Carlsbad General Plan and the Zone 20 Specific Plan (SP
201), which also recommends these zoning designations.
Conditions:
1. This approval is granted subject to the approval of LCPA 98-04, CT 98-14, PUD 98-05,
CP 00-02, SDP 99-06, HDP 98-15, and CDP 98-68 and is subject to all conditions
PC RESO NO. 5071 -2-
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contained in Planning Commission Resolutions No. 5072, 5073, 5074, 5075, 5076,
5077 and 5078 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.
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 5th day of December 2001, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez,
Heineman, and Trigas
NOES:
ABSENT: Commissioner Nielsen
/F STAIN: B
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 5071
r‘ .
PROPERTY ZONE CHANGE ZC: 98-08
draft q final 0
Project Name: Thompsonfiabata Related Case File No(s): LCPA 98-
04KT 98-14/PUD 98-05, CP 00-02, SDP 99-06, HDP 98-15, and CDP 98-68
Legal Description(s):
The northeast quarter of the northeast quarter and the southeast quarter of the northeast quarter of Section
28, Township 12 South, Range 4 West, San Bernardino Meridian, according to the official plat thereof;
together with that portion of the southeast quarter of Section 21, Township 12 South, Range 4 West of the San Bernardino Meridian, according to the official plat thereof, shown on Parcel B on a Certificate of
Compliance recorded November 7,1988 as File No. 88-569475 and on Record of Survey Map No. 12096, filed on March 23, 1989; all lying within the City of Carlsbad, County of San Diego, State of California; except therefrom those portions thereof vested with Tabata Brothers Partnership by documents recorded November
13, 1972 as File No. 303362 and November 4, 1974 as Files No. 74-292547 and 74-292548; and except
therefrom those portions lying within Poinsettia Lane and Rose Drive as described in Files No. 89-546752, 89-637695,90-l 46889 and 91-0036964 of Official Records
Zone Change Approvals
Property: From: To: Council Approval Date:
A. 214-170-36 L-C R-l -7,500-Q and RD-M-Q Ordinance No:
B. 214-l 70-46 L-C R-l -7,500-Q Effective Date:
C. 214-l 70-58 L-C RD-M-Q Signature:
D. 214-l 70-59 L-C RD-M-Q
SEE ATTACHED FOR MORE PARCELS
. ,
Property: From: E. 214-l 70-74 L-C F. 214-l 70-75 L-C
G. 214-170-76 L-C H. 214-l 70-77 L-C I. 214-170-79 L-C
To: R-l -7,500-Q
RD-M-Q
R-l -7,500-Q
R-l -7,500-Q AND RD-M-Q
RD-M-Q