HomeMy WebLinkAbout2002-06-05; Planning Commission; Resolution 52031
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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:
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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-
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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-
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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.
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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