HomeMy WebLinkAbout2004-06-16; Planning Commission; Resolution 56461
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. 5646
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM L-Cy R-1 AND 0-S
TO R-1-10,000 AND 0-S ON PROPERTY GENERALLY
LOCATED SOUTH OF PALOMAR AIRPORT ROAD
BETWEEN AVIARA PARKWAY AND COBBLESTONE
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: EMERALD POINTE ESTATES
CASE NO: zc 02-02
WHEREAS, BCS Natural Resources Corp., “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by BCS Program L-2 LTD.,
“Owner,” described as:
Parcel 1: All that portion of that parcel of land designated as
“Description No. 5, 103.54 acres as shown and delineated on
Record of Survey Map No. 5715, filed in the Office of the
County Recorder of San Diego County, December 19,1960.
Excepting therefrom portions of Parcel 1 of Parcel Map No.
15662 as described in Official Records.
Parcel 2: Lot 115 of Carlsbad Tract No. 84-32(A), Unit No. 1
(Cobblestone Sea Village), in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No.
23428, filed in the Office of the County Recorder of San Diego
County, June 3,1997.
Parcel No. 3: Easement for roadway and utility purposes over
those certain strips of land designated as “60 foot strip and 66
foot easement reserved for roadway and utility purposes,” as
shown on said Record of Survey Map No. 5715.
Excepting from said 60 foot strip, that portion which lies
within Parcel No. 1 above.
Parcel 4: A temporary easement for pedestrian and vehicular
access, ingress and egress as contained in document recorded
May 1, 1996, as File No. 1996-0218757 of official records being
a portion of Parcel 1 of Parcel Map 15661, that portion being a
portion of the easement for roadway and utility purposes over
those certain strips of land designated and as described in
official records
(“the Property”); and
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
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit "X" dated June 16, 2004, attached hereto and on file in the Planning Department,
EMERALD POINTE ESTATES - ZC 02-02, as provided by Chapter 21.52 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did on the 16th day of June, 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
02, based on the following findings and subject to the following condition:
RECOMMENDS APPROVAL of EMERALD POINTE ESTATES - ZC 02-
Findings:
1. That the proposed Zone Change from L-C, R-1, and 0-S to R-1-10,000 and 0-S is
consistent with the goals and policies of the various elements of the General Plan, in that
the proposed zoning will implement the RL and OS General Plan land use
designations.
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 R-1-10,000 and 0-S zones are intended to implement the RL and
OS General Plan land use designations.
3. That the Zone Change is consistent with the public convenience, necessity and general
welfare, and is consistent with sound planning principles in that while the RL
designation is intended to be characterized by one-half acre lots. However, the
General Plan definition for RL does not require that the residential lots be a
minimum of one half acre in area. Because over 55% of the 18 acre site will be
maintained in open space, the actual character of this development will appear as a
low-density residential development consistent with the intent of the RL land use
designation. Compatibility with adjacent uses is assured because the site is
PC RES0 NO. 5646 -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
somewhat unique due to its location. The project is surrounded by HMP habitat
preserve areas that will provide very wide open space buffers. In addition to the
open space buffers, the existing multi-family development to the west and small lot
single-family developments to the south and east are much higher density
developments than the proposed large lot single-family development.
Conditions:
1. This approval is granted subject to the approval of the Mitigated Negative Declaration,
Addendum, and Mitigation Monitoring and Reporting Program, GPA 03-05 and
LCPA 02-02, and is subject to all conditions contained in Planning Commission
Resolution 5643 for the Mitigated Negative Declaration.
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. 5646 -3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
ia
19
2c
21
22
2:
21
2.
21
2'
2
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 16th day of June 2004, by the following vote,
to wit:
AYES: Chairperson White, Commissioners Baker, Heineman,
Montgomery and Segall
NOES: None
ABSENT: Commissioners Dominguez and Whitton
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
fi
MICHAEL J. HOLZMILLE~
Planning Director
PC RES0 NO. 5646 -4-
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
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 L-C, R-
1 AND 0-S TO R-1-10,000 AND 0-S ON PROPERTY
GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT
ROAD BETWEEN AVIARA PARKWAY AND COBBLESTONE
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: EMERALD POINTE ESTATES
CASE NO.: zc 02-02
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION I: That Section 21.05.030 of the Carlsbad Municipal Code, being the
City’s zoning map, is amended as shown on the map marked Exhibit “ZC 02-02 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 5646 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.)
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
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:
A BST A I N :
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
-2-
PROPERTY ZONE CHANGE zc: 02-02
draft final c]
Project Name: Emerald Pointe Estates
Parcel 1: All that portion of that parcel of land
jesignated as “description No. 5, 103.54 acres as
shown and delineated on Record of Survey Map No.
5715, filed in the office of the County Recorder of
3an Diego County, December 19, 1960.
I Related Case File No(s):
Legal Description(s): GPA 03-05/LCPA 02-02/CT 02-07/CDP 02-07/HDP
02-02
3xcepting therefrom portions of Parcel 1 of Parcel
Map 15661 as described in official records.
Parcel 2: Lot 115 of Carlsbad Tract No. 84-32(A),
Jnit No. 1 (Cobblestone Sea Village) in the City of
Jarlsbad, County of San Diego, State of California,
kcording. to map thereof No. 13428. filed in the
office of the County Recorder of San Diego County,
June 3,1997.
Parcel 3: Easement for roadway and utility purposes
over those certain strips of land designated as “60
foot strip and 66 foot easement reserved for roadway
ad utility purposes”. As shown on said Record of
Survey Map No. 5715.
Excepting from 60 foot strip, that portion which lies
within Parcel No. 1 above.
Zone Change
Property: From: To:
A. 21 2-1 90-53 R-l/OS R-l-10,000 ’
I I I B. 212-040-50 I L-c I R-1-10,000 (7.7 ac) I Effective Date:
Approvals
Council Approval Date:
Ordinance No:
C. 21 2-1 90-55 I L-c Signature:
Attach additional pages if necessary 1