HomeMy WebLinkAbout2003-10-01; Planning Commission; Resolution 54701
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PLANNING COMMISSION RESOLUTION NO. 5470
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM LIMITED
ON PROPERTY GENERALLY LOCATED SOUTH OF
POINSETTIA LANE ON THE EAST SIDE OF BLACK RAIL
ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 20.
CASENAME: TWIN D RECYCLED WATER PUMP
CONTROL (L-C) TO SINGLE-FAMILY RESIDENTIAL (R-1)
STATION
CASE NO: ZC 03-07
WHEREAS, the City of Carlsbad Municipal Water District “Owner/
Developer,” has filed a verified application with the City of Carlsbad regarding property
described as
Parcels 1, 2 and 3 of Deed Document No. 116507, filed in the
Office of the County Recorder of San Diego County, State of
California on July 21,1958
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit “X” attached hereto and on file in the Planning Department, TWIN D RECYCLED
WATER PUMP STATION - ZC 03-07 as provided by Chapter 21.52 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did on the 1st day of October 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of TWIN D RECYCLED WATER PUMP
STATION - ZC 03-07 based on the following findings and subject to the
following conditions:
Findinps :
1. That the proposed Zone Change from L-C to R-1 is consistent with the goals and policies
of the various elements of the General Plan, in that the General Plan designation is
RLM and the proposed R-1 zone is consistent with that designation. In addition, the
governing specific plan for the property, Zone 20 Specific Plan, indicates that this
site will undergo a zone change from L-C to R-1 so that public buildings may be
permitted via conditional use permit approval. This zone change implements the
existing Specific Plan and will be consistent with the existing General Plan
designation. The Zone 20 Specific Plan acknowledges this site as a water facility site
operated by the Water District.
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 R-1 zoning is consistent with the existing General Plan
designation of RLM and also implements the existing Zone 20 Specific Plan by
replacing this property’s L-C zoning with R-1.
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 site has been in use
as a Water District facility for over 20 years and this Zone Change will formalize the
past and future use of the site, consistent with the Zone 20 Specific Plan.
Conditions:
1. This approval is granted subject to the approval of LCPA 03-08 and is subject to all
conditions contained in Planning Commission Resolution No. 5471 for that other
approval is incorporated herein by reference.
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.
PC RES0 NO. 5470 -2-
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
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 1st day of October 2003, by the following vote,
to wit:
AYES: Chairperson Baker, Commissioners Heineman, White, and
Whitton
NOES: None
ABSENT: Commissioners Montgomery, Segall, and Dominguez
ABSTAIN: None
ATTEST:
Planning Director
PC RES0 NO. 5470 -3-
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Exhibit "X
October 1,2003
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 FROM
LIMITED CONTROL (L-C) TO SINGLE-FAMILY RESIDENTIAL (R-1) ON PROPERTY GENERALLY LOCATED ON THE EAST
SIDE OF BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE IN
LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: TWIN D RECYCLED WATER PUMP STATION
CASE NO.: ZC 03-07
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
City's zoning map, is amended as shown on the map marked Exhibit "ZC 03-07" attached
hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission as
set forth in Planning Commission Resolution 5470 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. (Not withstanding the preceding, this ordinance shall not be
effective within the City's Coastal Zone until approved by the California Coastal Commission.)
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of 2003, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2003, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAl N:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
-2-
PROPERTY ZONE CHANGE ZC 03-07
draft final 0
Project Name:
Twin D Recycled Water Pump Station
Related Case File No(s): LCPA 03-08 / CUP 03-
15 / CDP 03-23
Attach additional Daaes if necessaw I
Property:
A. 21 5-080-05
B. 21 5-080-23
From: To: Council Approval Date:
Limited Control R-1 Ordinance No:
Limited Control R- 1 Effective Date:
Signature: