Loading...
HomeMy WebLinkAbout2002-09-18; Planning Commission; Resolution 52731 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. 5273 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM C-1-Q TO RDM-Q, AND REMOVAL OF THE COMMERCIAL VISITOR-SERVING OVERLAY ZONE 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: ZC 02-03 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 application constitutes a request for a Zone Change as shown on Exhibit “A” attached to Planning Commission Resolution 5274 and Exhibit “ZC 02-03,” dated September 4, 2002, on file in the Planning Department, SMITH PROPERTY LAND USE CHANGE - ZC 02-03, as provided by Chapter 21.52 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; 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 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 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 SMITH PROPERTY LAND USE CHANGE - ZC 02-03 based on. the following findings and subject to the following condition: . Findinm: 1. That the proposed Zone Change from C-1-Q to RDM-Q is consistent with the goals and policies of the various elements of the General Plan, in that the proposed RDM-Q zone is consistent with the proposed RM (Residential Medium Density) Land Use designation subject to the mitigation measures specified in the project Mitigated Negative Declaration and Addendum. 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 proposed RDM-Q Zone designation, as shown on Exhibit “ZC 02-03,” implements the proposed RM 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 the residential uses allowed by the proposed zone change are compatible with surrounding residential uses. 4. That the removal of the Commercial Visitor Serving Overlay Zone is necessary because it only applies to commercial land uses and not to the residential land uses permitted in the proposed RDM-Q zone. 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 GPA 02-02 and LCPA 02-05. ... ... ... ... PC RES0 NO. 5273 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, 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: Planning Director PC RES0 NO. 5273 -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 “A” September 4,2002 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 AND THE LOCAL COASTAL PROGRAM ZONING MAP TO GRANT A ZONE CHANGE FROM C-1-Q TO RDM-Q, AND TO REMOVE THE COMMERCIAL VISITOR-SERVING OVERLAY ZONE ON PROPERTY LOCATED ON THE SOUTHEAST CORNER OF INTERSTATE 5 AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 4, AND AMENDING THE TEXT OF SECTION 2 “OCCIDENTAL LAND, INC.” POLICY 1 OF THE MELLO I SEGMENT OF THE LOCAL COASTAL PROGRAM. CASE NAME: SMITH PROPERTY LAND USE CHANGE CASE NO.: ZC 02-03 / LCPA 02-05 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Section 21.05.030 of the Carlsbad Municipal Code, being tk zoning map, is amended as shown on the map marked Exhibits “ZC 02-03,” “LCPA 02-05 Land Use Map” and “LCPA 02-05 Zoning,” attached hereto and made a part hereof. SECTION 11: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 5271, 5273 and 5274 constitute the findings and conditions of the City Council. SECTION 111: That the Section 2 “Occidental Land, Inc.” Policy 1 of the Mello I Segment of the City of Carlsbad Local Coastal Program shall read as follows: “2. Occidental Land, Inc. Policy 1 - Land Uses NOTE: The “Occidental Land, Inc.” landowners elected to pay an agriculture conversion fee as required by the Agricultural Subsidy Program established by the Mello I1 LCP Segment (AB 1971) adopted and certified by the Coastal Commission on June 3, 1981. With the election to pay the agriculture conversion fee, the Agricultural Subsidy Program allowed the “Occidental Land, Inc.” properties to be developed in accordance with the land uses described below. 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 Pursuant to State Legislation in 1984, the Agricultural Subsidy Program was replaced with the Agriculture Conversion Mitigation Fee (Public Resource Code Section 30 17 1.2 and 30 17 1.5) (Mello I1 Segment Policy 2- 1 Option 3). As per Public Resource Code Section 30171.2, the land use policies established in 1981 by the adoption of the Mello I1 Segment remained “operative” even though the Agricultural Subsidy Program was replaced. The Occidental Land parcels are hereby designated as follows: (1) The area located east of Interstate 5 and north of Poinsettia Lane shall be designated for residential use at a maximum density of 8 dwelling units per acre. (2) The area located east of Interstate 5 and south of Poinsettia Lane shall be designated for residential use at a maximum density of 8 dwelling units per acre. (3) The area located west of Interstate 5 and south of Poinsettia Lane shall be designated for visitor-serving or neighborhood commercial development according to Chapter 21.26 of the Carlsbad Zoning Ordinance. (4) The area located west of Interstate 5 and north of Poinsettia Lane shall be designated for visitor-serving or neighborhood commercial development according to Chapter 2 1.26 of the Carlsbad Zoning Ordinance, provided that a minimum of 35% is developed as visitor serving uses.” EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after its adoption, upon the effective date of GPA 02-02, or upon the effective date of the California Coastal Commission’s approval of LCPA 02-05, which ever is the last to occur, 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 (1 5) days after its adoption. INTRODUCED AND FIRST READ at regular meeting of the Carlsbad City Council held on the day of ,2002, and thereafter. flff /Iff /Iff /Iff -2- 1 2 3 4 5 6 7 a 9 la 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) -3- September 4,2002 PROPERTY ZONE CHANGE ZC 02-03 draft final 0 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.