HomeMy WebLinkAbout2004-07-07; Planning Commission; Resolution 56671
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PLANNING COMMISSION RESOLUTION NO. 5667
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
PROPERTY GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF EL CAMINO REAL AND CASSIA ROAD IN
LOCAL FACILITIES MANAGEMENT ZONE 10.
CASE NAME: CARLSBAD FAMILY HOUSING
APPROVAL OF A ZONE CHANGE FROM E-A TO RD-M ON
CASE NO: ZC 02-06
WHEREAS, Carlsbad Family Housing Partners, a California Limited
Liability Partnership, “Developer,” has filed a verified application with the City of Carlsbad
regarding property owned by Anthony and Dicky Bons, “Owner,” described as
A portion of fractional northeast quarter of southwest quarter
of Section 23, Township 12 South, Range 4 West, San
Bernardino Meridian, 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 July 7, 2004, attached hereto and on file in the Planning Department,
CARLSBAD FAMILY HOUSING - ZC 02-06, as provided by Chapter 2 1.52 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did on the 7th day of July 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.
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B) That based on the evidence presented at the public hearing, the Commission
02-06, based on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of CARLSBAD FAMILY HOUSING - ZC
Findings:
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2.
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4.
That the proposed Zone Change from E-A to RD-M is consistent with the goals and
policies of the various elements of the General Plan, in that the proposed zoning will
implement the RH General Plan land use designation.
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 RD-M zone is intended to implement the RH General Plan land
use designation.
That the Zone Change is consistent with the public convenience, necessity and general
welfare, and is consistent with sound planning principles in that the 2.66 acre site
satisfies all of the locational criteria specified by the General Plan for placement of
high density development.
The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed and considered Negative Declaration, the environmental
impacts therein identified for this project and any comments thereon prior to
RECOMMENDING ADOPTION of the project; and
b. the Negative Declaration has been prepared in accordance with requirements of
the California Environmental Quality Act, the State Guidelines and the
Environmental Protection Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
d. based on the EM Part I1 and comments thereon, there is no substantial evidence
the project will have a significant effect on the environment
Conditions:
1. This approval is granted subject to the approval of GPA 02-05, SDP 02-13, and SUP 02-
09, and is subject to all conditions contained in Resolutions No. 5666,5668, and 5669.
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.”
PC RES0 NO. 5667 -2-
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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 fees/exactions
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 fees/exactions 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 7th day of July 2004, by the following vote, to
wit:
AYES: Chairperson Whitton, Commissioners Baker, Dominguez,
Heineman, and Montgomery
NOES: None
ABSENT: Commissioner Segall
ABSTAIN: None
H. WHITTON, ChairpAon
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5667 -3-
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EXHIBIT “X’
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
EXCLUSIVE AGRICULTURE (E-A) TO RESIDENTIAL DENSITY - MULTIPLE (RD-M) ON PROPERTY GENERALLY LOCATED
ON THE SOUTHEAST CORNER OF EL CAMINO REAL AND
CASSIA ROAD IN LOCAL FACILITIES MANAGEMENT ZONE
IO.
CASE NAME: CARLSBAD FAMILY HOUSING
CASE NO.: ZC 02-06
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 02-06” 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 5667 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
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Ill
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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:
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
Property: From:
A. 21 5-021 -06 E-A
ZC: 02-06
To: Council Approval Date:
RD-M Ordinance No:
Effective Date:
Signature: ~
draft
XLY 7,2004
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