HomeMy WebLinkAbout2002-05-01; Planning Commission; Resolution 51711
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PLANNING COMMISSION RESOLUTION NO. 5171
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
ON PROPERTY GENERALLY LOCATED NORTH OF
MARRON ROAD BETWEEN EL CAMINO REAL AND
AVENIDA DE ANITA IN LOCAL FACILITIES MANAGEMENT
ZONE 2.
CASE NAME: THE SUMMIT AT CARLSBAD
CASE NO: zc 00-1 1
WHEREAS, Marron Road Ventures, LLC, “Developer,” and has filed a
verified application with the City of Carlsbad regarding property owned by Robert Patrick
Kelly, Richard Carroll Kelly, and Azalea Partnership, “Owner” has filed a verified
application with the City of Carlsbad regarding property described as
APPROVAL OF A ZONE CHANGE FROM R-1-10,000 TO RD-M
Parcel 2 of Parcel Map No. 4838, in the City of Carlsbad,
County of San Diego, State of California, filed in the office of
the County Recorder of San Diego County, June 18, 1976 as
file/page no. 76-190384 of official records.
That portion of Lot 3 of Section 32, Township 11 South, Range
4 West, San Bernardino base and meridian, according to
official plat thereof being in the City of Carlsbad, County of
San Diego, State of California.
Those portions of Lots 3 and 4 in Section 32, Township 11
South, Range 4 West, San Bernardino meridian, 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 “X” dated April 3, 2002, on file in the Planning Department, THE SUMMIT AT
CARLSBAD - ZC 00-11, as provided by Chapter 21.52 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 3rd day of April 2002 and on
the 1st day of May 2002, hold a duly noticed public hearing as prescribed by law to consider
said request; and
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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 THE SUMMIT AT CARLSBAD - ZC 00-
11 based on the following findings and subject to the following conditions:
Findinps:
1. That the proposed Zone Change fiom R-1-10,000 to RD-M is consistent with the goals
and policies of the various elements of the General Plan, in that proposed zoning to
allow multiple family units is consistent with the RM General Plan 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 the RD-M zone implements the RM General Plan 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 residential
development.
Conditions:
1. This approval is granted subject to the approval of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, SDP 00-17 and
HDP 00-13 contained in Planning Commission Resolutions No. 5170, 5172, and
5173.
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
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
PC RES0 NO. 5 171 -2-
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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 feedexactions
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 1st day of May, 2002, by the following vote, to
wit:
AYES: Chairperson Trigas, Commissioners Baker, Heineman, Segall,
White, and Whitton
NOES: Commissioner Dominguez
ABSENT:
ABSTAIN:
SEENA TFUGAS, Chairperson
CARLSBAD PLANNING COMMISSION
-
ATTEST:
MICHAEL J. HMZM~LER
Planning Director
PC RES0 NO. 5171 -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 TO GRANT A ZONE CHANGE, ZC 00-1 1,
FROM R-1-10,000 TO RD-M ON PROPERTY GENERALLY
LOCATED NORTH OF MARRON ROAD BETWEEN EL CAMINO
REAL AND AVENIDA DE ANITA IN LOCAL FACILITIES
MANAGEMENT ZONE 2.
CASE NAME: THE SUMMIT AT CARLSBAD
CASE NO.: zc 00-1 1
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 00-1 1” attached hereto and
made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission as
set forth in Planning Commission Resolution No. 5171 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 newspaper of general circulation within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council held on the day of ,2002, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City Council held 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)
-2-
PROPERTY ZONE CHANGE zc: 00-1 I
draft final 0
HIGHWAY 78
Project Name: The Summit at Carlsbad I Related Case File No(s):
Leaal DescriDtion(s): Parcel 2 of Parcel Map No. 4838, in SDP OO-I’IIHDP 00-13
thecity of Carlsbad, County of San Diego, State of
California, filed in the office of the County Recorder of
San Diego County, June 18, 1976 as file/page no. 76-
190384 of official records.
That portion of Lot 3 of Section 32, Township 11 South, Range 4 West, San Bernardino base and meridian,
according to official plat thereof being in the City of
Carlsbad, County of San Diego, State of California.
Those portions of Lots 3 and 4 in Section 32, Township
11 South, Range 4 West, San Bernardino meridian , in
the City of Carlsbd, County of San Diego, State of
California.
Zone Change Approvals
Property: Council Approval Date: From: To:
A. 167-030-71
R-I -1 0000 RD-M C. 167-030-51
Effective Date: B. 167-030-55 p-1-10000 RD-M
Ordinance No: R-I -1 0000 RD-M
D. Signature:
Attach additional pages if necessary