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HomeMy WebLinkAbout2004-07-07; Planning Commission; Resolution 56671 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. 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. 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 02-06, based on the following findings and subject to the following conditions: RECOMMENDS APPROVAL of CARLSBAD FAMILY HOUSING - ZC Findings: 1. 2. 3. 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- 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 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- 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’ 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 Ill Ill Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 15 2c 21 22 2: 21 25 2f 2; 21 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 final 0