Loading...
HomeMy WebLinkAbout2002-01-16; Planning Commission; Resolution 51351 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. 5135 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM R-1-10-Q AND LIMITED CONTROL TO RESIDENTIAL SINGLE-FAMILY 7,500 SQUARE FOOT LOT SIZE MINIMUM QUALIFIED GENERALLYLOCATEDONTHENORTHEASTCORNEROF POINSETTIA LANE AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: CARLSBAD PROMENADE CASE NO: ZC 00-06 WHEREAS, Carlsbad Promenade Partners, LLC, a Delaware limited liability company, “Developer”/“Owner” has filed a verified application with the City of Carlsbad regarding property described as DEVELOPMENT OVERLAY (R- 1-7300-4) ON PROPERTY The northwest quarter of the southwest quarter of the southwest quarter together with the south half of the southwest quarter of the southwest quarter both of Section 22, Township 12 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, State of California, according to the official plat thereof, together with Lot 1 of Carlsbad Tract No. 91-12, Mariners Point Unit 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 13394, filed in the office of the County recorder of San Diego County, California on January 24,1997 (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibits ”ZC 00-06” dated January 16,2002, on file in the Planning Department, CARLSBAD PROMENADE - ZC 00-06 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 16th 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 \ 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 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 based on the following findings and subject to the following conditions: RECOMMENDS APPROVAL of CARLSBAD PROMENADE - ZC 00-06 Findings: 1. That the proposed Zone Change fiom R-1-10-Q 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, in that the proposed zone replaces the L-C Zone which is intended to be an interim zone designation. The proposed R-1-7,500-Q zone is consistent with the RLM General Plan land use designation and by the Zone 20 Specific Plan which was earlier found to be consistent with the General Plan. 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 zoning designation shown on Exhibit “AA” implements the existing General Plan Land Use Designation. 3. 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 uses. 4. 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 pure that they will conform to all applicable regulations. Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum and LCPA 00- 08 and is subject to all conditions contained in Planning Commission Resolutions No. 5134 and 5136 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 fiom date of final approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section PC RES0 NO. 5 135 -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 feedexactions 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 16th day of January 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen, and Segall NOES: ABSENT: ABSTAIN: - SEENA TFUGAS, Chaif#erson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. ~MLZN~~LER Planning Director PC RES0 NO. 5135 -3- PROPERTY ZONE CHANGE ZC: 00-06 draft final 0 Project Name: CARLSBAD PROMENADE I Related Case File No(s): Legal Description(s): The northwest quarter of the LCPA 00-081 CT 00-19/ CDP 00-53/ HDP 00-10 southwest quarter of the southwest quarter together with the south half of the southwest quarter of the southwest quarter both of Section 22, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the official plat thereof. Property: From: To: Council Approval Date: A. 21 5-070-13-00 Limited Control R-1 -Q Ordinance No: B. 215-070-36-00 Limited Control R-1-Q Effective Date: Zone Change Approvals C. 214-550-01-00 R-1-Q Signature: R-1-10,000-Q Attach additional pages if necessary