HomeMy WebLinkAbout2002-01-16; Planning Commission; Resolution 51351
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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
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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-
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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 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
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