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HomeMy WebLinkAbout2003-01-15; Planning Commission; Resolution 53291 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. 5329 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF TAMARACK AVENUE, WEST OF THE RAILROAD RIGHT-OF-WAY IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: VILLA PARADISIO CASE NO.: zc 01-12 WHEREAS, Randall K. Lockett, “Ownerhleveloper,” has filed a verified APPROVAL OF A ZONE CHANGE FROM R-1 TO RD-M, ON application with the City of Carlsbad regarding property described as That portion of Lot 6 in Block S of Palisades Number Two, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1803, filed in the Office of the County Recorder of San Diego County, on August 25,1924 (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit “X” dated January 15, 2003, attached hereto, VILLA PARADISIO - ZC 01-12 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 15th day of January, 2003 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 VILLA PARADISIO - ZC 01-12 based on the following findings and subject to the following conditions: I L 7 I 4 4 e c 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: 1. That the proposed Zon e Change from R-1 t .o RD-M is co Insistent with the goals and policies of the various elements-of the General Plan, in that the proposed RD-M zone is consistent with the existing RH (Residential High Density) Land Use designation and is compatible with the RD-M zoning of the abutting properties. 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 RD-M Zone designation, as shown on Exhibit “ZC 01- 12,” implements the existing RH 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 proposed RD-M zoning will allow development of the proposed multi-family condominium project which is consistent with the RH General Plan land use designation and is compatible with the surrounding multi-family development on properties south of Tamarack Avenue. Conditions: 1. Approval of ZC 01-12 is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and LCPA 01-12, CT 02-11, CP 02-07, SDP 01-13, and CDP 01-38 and is subject to all conditions contained on Planning Commission Resolutions No. 5328, 5330, 5331, 5332, 5333 and 5334 for those other approvals, incorporated by reference herein. 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 fees/exactions. 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 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. PC RES0 NOS329 -2- I 1 1 4 t 1 E 5 1( 11 12 13 14 15 16 17 18 19 2c 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, California, held on the 15th day of January, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Heineman, Segall, White, and Whitton NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None R, Chairperson COMMISSION ATTEST: Planning Director PC RES0 NOS329 -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” 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 01-12, FROM R-I TO RD-M ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF TAMARACK LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: VILLA PARADlSlO CASE NO.: zc 01-12 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 01-12” attached hereto and made a part hereof. AVENUE, WEST OF THE RAILROAD RIGHT-OF-WAY IN SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 5329 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. (Not withstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of ,2003, and thereafter Ill Ill Ill I// Ill Ill 1 r 4 4 4 1 c 7 a 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said City Council held on the day of , 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- ZONE CHANGE zc 01 -12 draft final 0 Project Name: Villa Paradisio - ZC 01 -1 2 Related Case File No@): LCPA 01 -1 2/CT 02-1 l/CP Property/Legal Description(s): APN 206-020-08 That portion of Lot 6 in Block S of Palisades Number Two, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No 1803, filed in the Office of the County Recorder of San Diego County, on August 25,1924 02-07/SDP 01 -1 3/CDP 01 -38 Zone Change Approvals Property/APN(s) Council Approval Date: To: From: A. 206-020-08 Resolution No: RD-M R-1 Effective Date: Signature: Attach additional pages if necessary I