HomeMy WebLinkAbout2003-11-19; Planning Commission; Resolution 54531
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PLANNING COMMISSION RESOLUTION NO. 5453
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
FAMILY RESIDENTIAL WITH A QUALIFIED OVERLAY) TO
ON THE SOUTHEAST SIDE OF CANNON ROAD WEST OF
MENT ZONE 8.
CASE NAME:
APPROVAL OF A ZONE CHANGE FROM R-3-Q (MULTIPLE
0-S (OPEN SPACE) ON PROPERTY GENERALLY LOCATED
EL CAMINO REAL AND IN LOCAL FACILITIES MANAGE-
CANNON LIFT ZONE CHANGE
CASE NO: ZC 03-02
WHEREAS, City of Carlsbad, “Owner/Developer,” has filed a verified
application with the City of Carlsbad regarding property described as
Lots 82 and 171 of Map No. 14340
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit “X” dated November 5, 2003, attached hereto and on file in the Planning Department,
CANNON LIFT ZONE CHANGE - ZC 03-02, as provided by Chapter 21.52 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did on the 19th day of November 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)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
03-02 based on the following findings:
RECOMMENDS APPROVAL of CANNON LIFT ZONE CHANGE - ZC
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Fin din ps :
1. That the proposed Zone Change from R-3-Q to 0-S is consistent with the goals and
policies of the various elements of the General Plan, in that the proposed 0-S zone is
consistent with the existing OS (Open Space) Land Use designation on the subject
property and is compatible with the R-1 and R-3 residential zoning of the abutting
properties to the south, east, and west and with the 0-S zoning of the property to
the north.
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 0-S Zone, as shown on Exhibit ‘‘X,” implements the
existing OS 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 zone change from
R-3-Q to 0-S implements the objectives of the zoning ordinance regarding the 0-S
zone and will allow the continuance of the existing and planned development of the
subject site with a detention basin and sewage lift station, both of which are
consistent with the OS General Plan land use designation and are compatible with
and necessary for the surrounding residential development.
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 feedexactions. 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. ...
...
PC RES0 NO. 5453 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 19th day of November 2003, by the following
vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None v R, Chairperson
C-AD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5453 -3-
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Exhibit “X”
November 19,2003
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, ZC 03-02,
FROM R-3-Q TO 0-S ON PROPERTY GENERALLY
LOCATED ON THE SOUTHEAST SIDE OF CANNON
ROAD WEST OF EL CAMINO REAL IN LOCAL FACILITIES
MANAGEMENT ZONE 8.
CASE NAME: CANNON LIFT ZONE CHANGE
CASE NO.: ZC 03-02
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION I: That the City’s zoning map is hereby amended as shown on the
map marked Exhibit “ZC 03-02” attached hereto and made a part hereof, pursuant to Section
21.050.30 of the Carlsbad Municipal Code.
SECTION II: That the findings and conditions of the Planning Commission as
set forth in Planning Commission Resolution No. 5453 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
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PASSED AND ADOPTED at a regular meeting of said City Council held on the
, 2003, by the following vote, to wit: day of
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
-2-
PROPERTY ZONE CHANGE ZC: 03-02
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