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HomeMy WebLinkAbout2003-10-01; Planning Commission; Resolution 54701 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. 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. 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 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- 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 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- 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 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.) ... ... ... ... ... ... 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 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: