HomeMy WebLinkAbout2004-10-20; Planning Commission; Resolution 57521
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. 5752
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM LIMITED
CONTROL (L-C) AND RESIDENTIAL AGRICULTURAL (R-
A-1 O,OOO), TO ONE-FAMILY RESIDENTIAL-0.5 ACRE
MINIMUM LOT SIZE-QUALIFIED DEVELOPMENT
OVERLAY ZONE (R-1-0.5-Q), RESIDENTIAL DENSITY-
MEDIUM (RD-M), AND OPEN SPACE (OS) ON PROPERTY
GENERALLY LOCATED EAST OF COLLEGE BOULEVARD
AND NORTH OF EL CAMINO REAL IN LOCAL FACILITIES
MANAGEMENT ZONE 15.
CASE NAME: CANTARINI RANCH
CASE NO.: ZC 00-05
WHEREAS, Bentley Monarch LLC, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by The Bentley-Monarch Joint
Venture; Holly Springs, Ltd.; and Rancho Carlsbad Partners “Owners,” described as
That portion of Lot “B” in Rancho Agua Hedionda, in the City
of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 823, filed in the Office of the
County Recorder of San Diego County on November 16,1896,
described in a Grant Deed recorded July 9, 1962 as File/Page
No. 116406 of Official Records. Except therefrom that portion
thereof described in a Grant Deed recorded November 19,
1965 as Filepage No. 210231 of Official Records. Also
including portions of Lot “D” and “E” of said Map No. 823,
described in a Grant Deed recorded September 7,1995, as Doc.
# 1995-00100176 of Official Records. Also including a portion
of Lot “B” of said Map No. 823, described in a Grant Deed
recorded September 7,1995, as Doc. # 1995-0398027 of Official
Records
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit “X” dated October 20, 2004, attached hereto and on file in the Planning Department,
CANTAFUNI RANCH - ZC 00-05 as provided by Chapter 21.52 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did on the 20th day of October, 2004,
hold a duly noticed public hearing as prescribed by law to consider said request; 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, 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
RECOMMENDS APPROVAL of CANTARINI RANCH - ZC 00-05 based
on the following findings:
Findings:
1. That the proposed Zone Change fiom Limited Control (L-C) and Residential
Agricultural (R-A-10,000) to One-Family Residential-0.5 acre minimum lot size-
Qualified Development Overlay Zone (R-1-0.5-Q), Residential Density-Medium
(RD-M), 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, and the proposed R-1-0.5-Q, RD-M, and
OS zone designations are consistent with the proposed Residential Low-Medium
Density (RLM, 0-4 du/ac), Residential Medium-High Density (RMH, 8-15 du/ac),
and Open Space (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 zoning designations shown on Exhibit “ZC 00-05” attached
hereto, implement the General Plan Land Use Designations of RLM, RMH, 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 the single-family
residential, multi-family residential and open space uses allowed by the proposed
Zone Change are compatible with the future residential and open space uses and
that the proposed Zone Change to OS is necessary to reflect the areas set aside as
open space preserve as required by the City’s draft Habitat Management Plan.
Conditions:
1. This approval is granted subject to the certification, adoption and approval of the
Environmental Impact Report (EIR 02-02) and Mitigation Monitoring and
Reporting Program, LFMP 15(C) and GPA 01-09, and is subject to all conditions
contained in Planning Commission Resolutions No. 5749, 5750 and 5751 for those other
approvals incorporated herein by reference.
PC RES0 NO. 5752 -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
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 fiom date of final approval to protest imposition of these fees/exactions. 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 20th day of October 2004, by the following
vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT:
ABSTAIN:
/FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5752 -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
October 20,2004
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, ZC 00-05, FROM LIMITED CONTROL (L-C) AND
RESIDENTIAL AGRICULTURE (R-A-10,000) TO ONE-
FAMILY RESIDENTIAL-0.5 ACRE MINIMUM LOT SIZE-
QUALIFIED DEVELOPMENT OVERLAY ZONE (R-I -0.5-Q),
RESIDENTIAL DENSITY-MEDIUM (RD-M), AND OPEN
SPACE (OS) ON PROPERTY GENERALLY LOCATED
EAST OF COLLEGE BOULEVARD AND NORTH OF EL
CAMINO REAL IN LOCAL FACILITIES MANAGEMENT
ZONE 15.
CASE NAME: CANTARINI RANCH
CASE NO.: ZC 00-05
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
zoning map, is amended as shown on the map marked Exhibit “ZC 00-05,” dated October 20,
2004, 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 No. 5752 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 newspaper of general circulation within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council held on the day of ,2004, and thereafter
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
-
-_
PASSED AND ADOPTED at a regular meeting of said City Council held on the
, 2004, by the following vote, to wit: day of
.. 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-
ZC 00-05 - Cantarini Ranch
October 20,2004
Property From:
A. 209-070-01 L-c
6.209-070-02 R-A-10000
C. Por 209-060-60 L-C
D. Por 168-050-51 L-C
To:
R-1-0.5-Q & OS os
R-l-0.5-Q, RD-M & OS
RD-M