HomeMy WebLinkAbout2002-01-02; Planning Commission; Resolution 51201
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PLANNING COMMISSION RESOLUTION NO. 5120
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM LIMITED
CONTROL TO ONE FAMILY RESIDENTIAL AND
QUALIFIED DEVELOPMENT OVERLAY ON PROPERTY
GENERALLY LOCATED EAST OF BLACK RAIL ROAD AND
SOUTH OF POINSETTIA LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: REDEEMER BY THE SEA
CASE NO: zc 00-10
WHEREAS, Redeemer by the Sea Lutheran Church of Carlsbad, “Developer
and Owner,” has filed a verified application with the City of Carlsbad regarding property
described as
The north half of the southwest quarter of the southeast
quarter of section 22, township 12 south, range 4 west, San
Bernardino base and meridian, in the County of San Diego,
State of California, according to official plat thereof.
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit “2“ dated January 2,2002, attached hereto and made a part hereof, REDEEMER BY
THE SEA - ZC 00-10 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did 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
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 REDEEMER BY THE SEA - ZC 00-10
based on the following findings:
FindinPs:
1. That the proposed Zone Change from Limited Control to One Family Residential and
Qualified Development Overlay is consistent with the goals and policies of the various
elements of the General Plan, in that the zone change will bring the zoning into
conformance with the General Plan Land Use designation.
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 One Family Residential implements the land use designation of
Residential Low Medium and will guide the use of the site toward the development
of single family detached homes within a density range of O-4 units per acre.
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 surrounding area is
largely designated as Residential Low Medium in the General Plan and the One
Family Residential zoning designation will further establish the property as a single
family residential neighborhood.
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.
PC RESO NO. 5120 -2-
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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
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 5120 -3-
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EXHIBIT “X”
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 AND THE LOCAL
COASTAL PROGRAM ZONING MAP TO GRANT A ZONE
CHANGE, ZC 00-10, FROM L-C TO R-l ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF BLACK
RAIL ROAD AND SOUTH OF POINSETTIA LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: REDEEMER BY THE SEA
CASE NO.: ZC 00-lO/LCPA 00-13
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 maps marked Exhibit “ZC 00-10” and the Local
Coastal Program Zoning Map Exhibit “LCPA 00-13” 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 Nos. 5120 and 5121 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 200 1, and thereafter.
Ill
Ill
Ill
Ill
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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
(SEW
-2-
ZONE CHANGE zc: 00-l 0
draft 0 final 0
Project Name: Redeemer by the Sea 1 Related Case File No(s):
Property/Legal Description(s): The north half of the LCPA OO-13/CT OO-22/CUP OO-44KDP 00-64
southwest quarter of the southeast quarter of se&ion 22,
township 12 south, range 4 west, San Bernardino base and meridian, in the County of San Diego, State of California,
according to official plat thereof
Zoning Map Designation Change
Property From: To:
A. 215-080-22 L-C R-l -7,500
t.
D.
Attach additional pages if necessary
Approvals
Council Approval Date:
Resolution No:
Effective Date:
Signature: