HomeMy WebLinkAbout2002-01-02; Planning Commission; Resolution 51161
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PLANNING COMMISSION RESOLUTION NO. 5116
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM LIMITED
CONTROL (L-C) TO PLANNED COMMUNlT Y (PC) ON
PROPERTY KNOWN AS THE CALAVERA NATURE
PRESERVE/VILLAGE Z OF THE CALAVERA HILLS
MASTER PLAN, GENERALLY LOCATED ON THE SOUTH
SIDE OF LAKE CALAVERA, IN LOCAL FACILITIES
MANAGEMENT ZONE 7.
CASE NAME: CALAVERA HILLS PHASE II
CASE NO: zc 01-01
WHEREAS, Carlsbad Hills, L.L.C., “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by The Environmental Trust,
“Owner,” described as
A portion of Lots “D” and “L” of Ranch0 Agua Hedionda,
according to partition map thereof No. 823, filed in the Office
of the County Recorder of said San Diego County on
November 16,1896 all being in the City of Carlsbad, County of
San Diego, State of California.
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit “ZC-A”, on tile in the Planning Department, CALAVERA HILLS PHASE II - ZC Ol-
01 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and as shown on attached
“Exhibit Y”; and
WHEREAS, the Planning Commission did on the 19th day of December, 2001
and on the 2nd day of January, 2002, 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
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission aa 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 CALAVERA HILLS PHASE II - ZC Ol-
01 based on the following findings, and subject to the following conditions:
Findings:
1. That the proposed Zone Change Tom Limited Control (L-C) to Planned Community
(P-C) is consistent with the goals and policies of the various elements of the General
Plan, in that the subject llO-acre parcel was acquired for coastal sage mitigation
purposes for an earlier phase of Calavera Hills development, in advance of the 1993
gnatcather listing by the federal government as a “threatened” species per
Endangered Species Act. The proposed zone change will formally add this nature preserve to the Calavera Hills Master Plan, designated as Village Z. All residential
designations on the site have been removed and replaced with open space
designations per GPA 99-03 which accompanies this zone change request.
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 site’s General Plan designation will be entirely Open Space based
on GPA 99-03 as referenced above. The inclusion of the Calavera Nature Preserve
into the Calavera Hills Master Plan will also involve corresponding open space
designations within the Master Plan so that zoning and General Plan consistency
will be maintained.
3. That the Zone Change is consistent with the public convenience, necessity and general
welfare, and is consistent with sound planning principles in that the Master Plan’s
earlier development necessitated the acquisition of this adjacent open space parcel,
and the nature preserve status of this site will be formalized and maintained via the
master plan.
1. This approval is granted subject to the approval of EIR 98-02, GPA 99-03, MP 150(H),
LIMP 87-07(A), CT 00-02 and HDP 00-02
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
PCRESONO. 5116 -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 2nd day of January, 2002, by the following
vote, to wit:
AYES: Chairperson Trigas, Commissioners Compas, Dominguez,
Heineman, Nielsen, and Segall
NOES: None
ABSENT: Commissioner Baker
ABSTAIN: None
b
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PCRESON0.5116 -3-
EXISTING:
PROPOSED:
L-C
P-C
CALAVERA HILLS PHASE II
zc 01-01
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EXHIBIT “Y”
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 01-01,
FROM L-C TO P-C ON PROPERTY GENERALLY LOCATED
ADJACENT TO THE EASTERN PERIMETER OF THE
CALAVERA HILLS MASTER PLAN, DIRECTLY SOUTH OF
LAKE CALAVERA IN LOCAL FACILITIES MANAGEMENT ZONE 14.
CASE NAME: CALAVERA HILLS PHASE II
CASE NO.: zc 01-01
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 01-01” attached to Planning
Commission Resolution No. 5116, hereby incorporated by reference and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission as set
forth in Planning Commission Resolution No. 5116, on file 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.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of 2002, 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 ,2002, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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