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HomeMy WebLinkAbout2003-12-17; Planning Commission; Resolution 55251 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. 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. 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 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. ... ... ... ..I ... ... PC RES0 NO. 5525 -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 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- 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 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 Ill Ill Ill Ill 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 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 draft