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HomeMy WebLinkAbout2002-09-18; Planning Commission; Resolution 52721 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. 5272 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION FROM “N” TO “RM” ON PROPERTY LOCATED ON THE SOUTHEAST CORNER OF INTERSTATE 5 AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 4. CASE NAME: SMITH PROPERTY LAND USE CHANGE CASE NO: GPA 02-02 WHEREAS, the City of Carlsbad, “Applicant,” has filed a verified application with the City of Carlsbad regarding property owned by Caroline’s Survivor’s Trust (Caroline Smith), “Owner,” described as Lot 171 of Carlsbad Tract 73-24, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7996, filed in the Office of the County Recorder of San Diego County, August 5,1974 (“the Property”); and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit “GPA 02-02,” dated September 4, 2002, on file in the Carlsbad Planning Department SMITH PROPERTY LAND USE CHANGE - GPA 02-02 as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of September 2002 and on the 18th day of September 2002 hold a duly noticed public hearing as prescribed by law to consider said request; 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 General Plan Amendment. 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 of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of SMITH PROPERTY LAND USE CHANGE - GPA 02-02, based on the following findings and subject to the following conditions: Findings: 1. The proposed General Plan Amendment - changing the Land Use designation from N (Neighborhood Commercial) to RM (Residential Medium Density - 4-8 du/ac), as shown on Exhibit “A,” is in conformance with the Elements of the City’s General Plan based on the facts set forth in the staff report dated September 4, 2002, including, but not limited to the following: A. B. C. D. E. ... The proposed RM land use designation is consistent with the Land Use Element in that it is compatible with the surrounding medium density residential land uses, which are also designated RM; and The proposed RM land use designation is in conformance with the Land Use Element in that the provision for residential units on the project site will not exceed the Growth Management Program’s dwelling unit limitation for the Southwest Quadrant because the additional dwelling units will be provided for through the ccexcess dwelling unit bank;” and The proposed RM land use designation is in conformance with the Circulation Element in that the design capacity of the surrounding roadways is adequate to accommodate traffic from a medium density residential land use on the site without reducing the existing acceptable level of service; and The proposed RM land use designation is in conformance with the Noise Element in that with the mitigation measures specified in the project’s Mitigated Negative Declaration the noise levels on the site can be reduced to a level acceptable for residential uses as specified in said Element, and noise generated from a residential land use on the site will not significantly impact adjacent properties. The proposed RM land use designation is in conformance with the Housing Element in that it will allow for the development of residential units on the site, which will assist in meeting Carlsbad’s share of the regional housing needs and the housing needs of Carlsbad’s existing and future population. PC RES0 NO. 5272 -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 Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declaration, Addendum and Mitigation Monitoring and Reporting Program for GPA 02-02, ZC 02-03 and LCPA 02-05, as specified in Planning Commission Resolution No. 5271, and subject to the approval of the proposed ZC 02-03 and LCPA 02-05. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of September 2002, by the following vote, to wit: AYES: Commissioners Dominguez, Heineman, Segall, and Whitton NOES: Commissioners Baker and White ABSENT: Chairperson Trigas ABSTAIN: None ATTEST: MICHAEL J. HXZM~LER Planning Director PC RES0 NO. 5272 -3- September 4,2002 GENERAL PLAN MAP CHANGE GPA 02-02 Lot 17 1 of Carlsbad Tract 73-24, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No 7996, filed in the Office of the County Recorder of San Diego County, August 5, 1974.