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HomeMy WebLinkAbout2004-04-21; Planning Commission; Resolution 56031 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. 5603 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM LIMITED CONTROL TO RESIDENTIAL SINGLE FAMILY 7,500 SQUARE FOOT LOT SIZE MINIMUM ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF POINSETTIA LANE AND BLACK RAIL ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: BLACK RAIL RIDGE CASE NO: ZC 03-08 WHEREAS, Pacific Coast Development, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Norman G. Gallagher and Laird and Catherine Ann Cameron, “Owners,” described as The north half of the northeast quarter of the southeast quarter of the southwest quarter of Section 22, Township 12 south, Range 4 west, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit “X” dated April 21, 2004, attached hereto and on file in the Planning Department, BLACK RAIL RIDGE - ZC 03-08 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 21st day of April, 2004, 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; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 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 A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the publi g, the Commission RECOMMENDS APPROVAL ZC 03-08 - BLACK RAIL RIDGE based on the following findings and subject to the following conditions: hearj Findinps: 1. That the proposed Zone Change from Limited Control (LC) to Residential Single- Family 7,500 lot size minimum (R-1-7,500) is consistent with the goals and policies of the various elements of the General Plan, in that the proposed zone replaces the LC zone which is intended to be an interim zone designation. The proposed R-1-7,500 zone is consistent with the Residential Low-Medium (RLM) General Plan designation and the Zone 20 Specific Plan (SP 208) which was earlier found to be consistent with the General Plan. 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 zone designation shown on Exhibit “X” attached hereto, implements the existing General Plan Land Use designation of RLM. 3. That the Zone Change is consistent with the public convenience, necessity and general welfare, and is consistent with sound planning principles in that residential uses allowed by the proposed zone change are compatible with the adjacent and future residential uses. Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and LCPA 03-09 and is subject to all conditions contained in Planning Commission Resolutions No. 5602 and 5604 for those other approvals 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 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 PC RES0 NO. 5603 -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 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 21st day of April 2004, by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman, Montgomery, and Whitton NOES: Commissioner Segall ABSENT: None ABSTAIN: None MELISSA WHITE, Chairperson CAFtLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLYMILL%R Planning Director PC RES0 NO. 5603 -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 April 21, 2004 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-I) 7,500 ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF POINSETTIA LANE AND BLACK RAIL ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: BLACK RAIL RIDGE CASE NO.: ZC 03-08 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 03-08” 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 5603 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 LCPA 03-09 is 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 2004, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 2004, 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 Property: A. 21 5-070-33-00 B. C. D. ZC: 03-08 draft 0 final 0 From: To: Council Approval Date: Limited Control R-l-7,500 Ordinance No: Effective Date: Signature: