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HomeMy WebLinkAbout2003-06-18; Planning Commission; Resolution 54321 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. 5432 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL, OF A ZONE CHANGE FROM LIMITED CONTROL (L-C) TO PLANNED COMMUNITY (P-C) AND FROM L-C TO RESIDENTIAL MOBILE HOME PARK (RMHP) ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEEN CANNON ROAD AND MENT ZONE 14. CASE NAME: TAMARACK AVENUE IN LOCAL FACILITIES MANAGE- ROBERTSON RANCH ZONE CHANGE CASE NO: ZC 02-04 WHEREAS, Robertson Family Trust and Calavera Hills 11, LLC, “Owners/Developers,” have filed a verified application with the City of Carlsbad regarding property described as Parcels 1, 2, and 3 of Boundary Adjustment No. 01-13 in the City of Carlsbad as described in Certificate of Compliance recorded November 28,2001 (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit “ZC 02-04” dated June 18, 2003, on file in the Planning Department, ROBERTSON RANCH ZONE CHANGE - ZC 02-04, as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 18th day of June, 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: 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 That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of ROBERTSON RANCH ZONE CHANGE - ZC 02-04 based on the following findings and subject to the following conditions: 1. That the proposed Zone Change from L-C to P-C is consistent with the goals and policies of the various elements of the General Plan, in that the L-C zone is intended to be an interim zone until master planning efforts are initiated by the property owner. This 403-acre area, known as the Robertson Ranch, requires a master plan approval prior to any development. Large L-C zoned properties in the city have been re- zoned to P-C over time and this area will undergo the same process resulting in a master plan. In addition, this zone change request involves a 5.7-acre parcel, which is proposed to change from L-C to the RMHP zone. This component of the zone change request will facilitate an existing option agreement whereby the Rancho Carlsbad Mobile Home Park, located south of the Robertson Ranch property, may initiate the entitlement approval process to relocate an existing RV storage site to the 5.7-acre parcel proposed for RMHP zoning. This would facilitate implementation of the circulation element of the General Plan in that relocation of the existing RV storage and other existing common area amenities and facilities is necessary to extend College Boulevard. If the option agreement is not realized, the 5.7-acre parcel will be processed for a re-zone to P-C to formally include it in the master planning process with Robertson Ranch. 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 underlying General Plan designations of the site will be incorporated into the master plan process and will further ensure and implement consistency between the City’s General Plan and zoning ordinance. Likewise, the proposed zone change from L-C to RMHP for the 5.7-acre option agreement parcel is consistent with the Residential Low-Medium (RLM) General Plan designation on the site. 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 zone change request from L-C to P-C implements the objectives of the zoning ordinance regarding the L- C interim holding zone; and the L-C to RMHP request facilitates the future option to relocate RV facilities associated with the RCMHP to accommodate the approved future College Boulevard alignment. Conditions: 1. This approval is granted subject to the approval of Minor Subdivision MS 02-10 and is subject to all conditions for those other approvals incorporated herein by reference. PC RES0 NO. 5432 -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 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 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 18th day of June, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None ATTEST: \ Planning Director PC RES0 NO. 5432 -3- PROPERTY ZONE CHANGE Zone Change Property: From: To: A. 168-050-47 L-c P-c B. 168-050-48 L-c P-C, RMHP C. 208-01 0-32 L-c P-c D. Attach additional pages if necessary ZC: 02-04 Approvals Council Approval Date: Ordinance No: Effective Date: Signature: draft final June 18, 2003 Project Name: Robertson Ranch Legal Description@): Parcels 1,2 and 3 of Boundary Adjustment No. 01 -1 3 in the City of Carlsbad as described in Certificate of Compliance recorded November 28,2001 I Related Case File No@):