HomeMy WebLinkAbout2003-12-17; Planning Commission; Resolution 55251
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PLANNING COMMISSION RESOLUTION NO. 5525
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM MUTIPLE FAMILY
GENERALLY LOCATED ON THE WEST SIDE OF MADISON
STREET, BETWEEN WALNUT AVENUE AND CHESTNUT
AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: NORTHWEST QUADRANT COMMUNITY
RESIDENTIAL (R-3) TO OPEN SPACE (0-S) ON PROPERTY
PARK AND SENIOR CENTER
CASE NO: ZC 03-06
WHEREAS, City of Carlsbad, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lots 5 through 10 of Town of Carlsbad Amended, according to
Map No. 775, filed in the Office of the County Recorder on
February 15, 1893, in the City of Carlsbad, County of San
Diego, State of California
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit “X” dated December 17, 2003, attached hereto and on file in the Planning Department,
NORTHWEST QUADRANT COMMUNITY PARK AND SENIOR CENTER - ZC 03-06
as provided by Chapter 21.52 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of December, 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 NORTHWEST QUADRANT
COMMUNITY PARK AND SENIOR CENTER - ZC 03-06 based on the
following findings and subject to the following conditions:
Findings:
1. That the proposed Zone Change from Multiple Family Residential (R-3) to Open Space
(0-S) is consistent with the goals and policies of the various elements of the General
Plan, in that the subject property is intended for park uses within the Northwest
Quadrant Community Park and Senior Center.
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 General Plan designation of the subject property is also changing
to Open Space (OS) and the Open Space zone is the appropriate zone to implement
the Open Space 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 subject property is
intended for park uses within the Northwest Quadrant Community Park and Senior
Center, and the Open Space zone is the appropriate zoning designation for public
parks.
Conditions:
1. This approval is granted subject to the approval of GPA 03-09 and is subject to all
conditions contained in Planning Commission Resolution No. 5524 for those other
approvals incorporated herein by reference.
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PC RES0 NO. 5525 -2-
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 17th day of December 2003, by the following
vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Montgomery,
Segall, and White
NOES: None
ABSENT: Commissioners Whitton and Dominguez
ABSTAIN: None
, Chairperson
CARL COMMISSION
ATTEST:
T
Planning Director
PC RES0 NO. 5525 -3-
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Exhibit ‘X
December 17,2003
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE CITYS ZONING
MAP PURSUANT TO SECTION 21.05.030 OF THE CARLSBAD
MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP
ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE
OF MADISON STREET BETWEEN WALNUT AVENUE AND
CHESTNUT AVENUE IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: NORTHWEST QUADRANT COMMUNITY
PARK AND SENIOR CENTER
TO GRANT A ZONE CHANGE, ZC 03-06, FROM R-3 TO 0-S
CASE NO.: ZC 03-06
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION I: That the City’s Zoning Map is amended as shown on the map
marked Exhibit “ZC 03-06” 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. 5525 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 , 2004, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City Council held on the
, 2004, by the following vote, to wit: day of
AYES:
NOES:
ABSENT:
ABSTAl N:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
-2-
PROPERTY ZONE CHANGE
Center
Lots 5 through 10 of Town of Carlsbad Amended, according to Map No. 775, filed in the Office of the County Recorder on February 15, 1893, in the City of Carlsbad, County of San Diego, State of California.
Property: From: To: Council Approval Date:
A. 204-093-03 R-3 os Ordinance No:
B. 204-093-04 R-3 os Effective Date:
C. 204-093-05 R-3 os Signature:
D.
Legal Description(s): GPA 03-O9/CUP 03-18
Zone Change Approvals
ZC: 03-06
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