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HomeMy WebLinkAbout2004-09-01; Planning Commission; Resolution 57211 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. 5721 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM LIMITED OPEN SPACE (OS) ON A 5.64 ACRE SITE GENERALLY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: TABATA RESIDENTIAL SUBDIVISION CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-1) AND CASE NO: ZC 03-05 WHEREAS, Noboru & Evelyn Tabata and Isokazu Tabata, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as A portion of the southwest quarter of the southeast quarter of Section 22, T12S, R4W, SBBM, in the City of Carlsbad, County of San Diega, State of California (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit “X” dated September 1, 2004, attached hereto and on file in the Planning Department, TABATA RESIDENTIAL SUBDIVISION - ZC 03-05 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 1st day of September, 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: 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 SUBDIVISION based on the following findings and subject to the following RECOMMENDS APPROVAL ZC 03-05 - TABATA RESIDENTIAL conditions: Findings: 1. That the proposed Zone Change from Limited Control (L-C) to One-Family Residential (R-1) and Open Space (OS) is consistent with the goals and policies of the various elements of the General Plan, in that the proposed zones replace the (L-C) zone which is intended to be an interim zone designation. The proposed (R-1) and (OS) zones are consistent with the Residential Low-Medium Density (RLM, 0-4 ddac) and Open Space (OS) General Plan designations and the Zone 20 Specific Plan (SP 203) 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 designations shown on Exhibit “ZC 03-05” attached hereto, implements the General Plan Land Use designations of RLM and OS. 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 and open space uses allowed by the proposed zone change are compatible with the adjacent and future residential and open space uses. Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 04-13, and LCPA 03-07 and is subject to all conditions contained in Planning Commission Resolutions No. 5718, 5719, and 5720 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 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a PC RES0 NO. 5721 -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 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 1st day of September 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: Commissioner Cardosa ABSTAIN: - BANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5721 -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 September 1, 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 AND OPEN SPACE (OS) ON A 5.64 ACRE SITE GENERALLY LOCATED ON THE EASTSIDE OF BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: TABATA RESIDENTIAL SUBDIVISION LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-I) CASE NO.: ZC 03-05 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 03-05” 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 5721 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 until LCPA 03-07 is approved by the California Coastal Commission.) Ill Ill Ill Ill 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: ABSTAIN: 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: 03-05 draft final 0 September 1,2004 EXISTING PROPOSED