Loading...
HomeMy WebLinkAbout2002-06-05; Planning Commission; Resolution 52031 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. 5203 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL, OF A ZONE CHANGE FROM LIMITED CONTROL TO PLANNED COMMUNITY ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD AND EAST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: BRESSI RANCH CASE NO: ZC 98-04 WHEREAS, Lennar Bressi Ranch Venture, LLC, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Parcel “A” of Boundary Adjustment 543, Document No. 1999- 0085753 on file in the Office of the San Diego County Recorder, February 11, 1999; and, Parcel “B” of Boundary Adjustment 543, Document No. 1999-0085753 on file in the Office of the San Diego County Recorder, February 11,1999. (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit tCX bb dated June 5, 2002, attached hereto, BRESSI RANCH - ZC 98-04 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 5th day of June, 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. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of BRESSI RANCH - ZC 98-04 based on the following findings: 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 Findinps: 1. That the proposed Zone Change from Limited Control to Planned Community i consistent with the goals and policies of the various elements of the General Plan, in that the Planned Community zoning designation enables the creation of a master plan which comprehensively establishes development patterns based on the existing topography, needs of the community and 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 harmonious zoning and general plan land use designations in the master plan which implements the Planned Community Zoning will be established in a master plan as required by the Planned Community zone. 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 intent and purpose of the L-C zone is to provide an interim zone for areas where planning for future land uses has not been completed or plans of development have not been formalized. Comprehensive planning has been completed and has resulted in the Bressi Ranch Master Plan which will benefit the general public by creating a guide to “smart growth” and “walkable communities.” Conditions: 1. Zone Change ZC 98-04 is subject to the certification of EIR 98-04 and approval of Master Plan MP 178, LFMP 17 and GPA 98-03. 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 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 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 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. PC RES0 NO. 5203 -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 C ommission PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning of the City of Carlsbad, held on the 5th day of June 2002, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Heineman, Trigas, White, and Whitton NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None - SEENA TRIGAS, C CARLSBAD PLANNING COMMISSION ATTEST: A PC RES0 NO. 5203 -3- 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 EXHIBIT “X June 5,2002 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE BRESSI RANCH GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT AND EAST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: BRESSI RANCH CASE NO.: ZC 98-04 ZONE CHANGE ZC 98-04 ON APPROXIMATELY 585.1 ACRES WHEREAS, the Bressi Ranch Zone Change is in conformance with the City of Carlsbad Draft Habitat Management Plan for the subject property as well as current city ordinances; and WHEREAS, the City Council did on the day of I 2002 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit “ZC 98-04” dated June 5, 2002 , incorporated by reference. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION I: That the Zone Change ZC 98-04 dated June 5, 2002 on file in the Planning Department, and incorporated by reference herein, is approved. The Zone Change shall constitute the zoning for the property and all development shall conform to the zoning. SECTION II: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 5203 shall also 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 the regular meeting of the Carlsbad City Council on the day of 2002, and thereafter. 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, 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- EXISTING: PROPOSED: L-c P-c SITE BRESSI RANCH ZC 98-04