HomeMy WebLinkAbout2004-11-17; Planning Commission; Resolution 57861
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PLANNING COMMISSION RESOLUTION NO. 5786
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM RESIDENTIAL
QUALIFIED OVERLAY ZONE TO OPEN SPACE ON
PROPERTY GENERALLY LOCATED ON THE NORTHEAST
CORNER OF POINSETTIA LANE AND AVIARA PARKWAY
IN LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME:
SINGLE-FAMILY, 7,500 SQUARE FOOT LOT SIZE,
NORTH COAST CALVARY CHAPEL
CASE NO: ZC 04-12
WHEREAS, North Coast Calvary Chapel, a California Non-Profit
Corporation, “Developer/Owner,” has filed a verified application with the City of Carlsbad
regarding property described as
The Northwest Quarter of the Southwest Quarter of the
Southwest Quarter together with the South Half of the
Southwest Quarter of the Southwest Quarter both of Section
22, Township 12 South, Range 4 West, San Bernardino Base
and Meridian, together with Lot 1 of Carlsbad Tract No. 91-
12, according to the Map thereof No. 13394, recorded January
24, 1997 in the office of the County Recorder of San Diego
County, all 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 “ZC 04-12” dated November 17, 2004, attached hereto and on file in the Planning
Department, NORTH COAST CALVARY CHAPEL - ZC 04-12 as provided by Chapter
2 1.52 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of November, 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
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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
ZC 04-12 based on the following findings:
RECOMMENDS APPROVAL of NORTH COAST CALVARY CHAPEL -
Findinm:
1. That the proposed Zone Change from Residential Single-Family, 7,500 square foot lot
size minimum - Qualified Overlay Zone to Open Space is consistent with the goals
and policies of the various elements of the General Plan, in that that the proposed Open
Space land use is compatible with the surrounding land uses in that the adjacent
land uses are designated Residential Low Medium and Open Space; that the land
use change is based on the environmental constraints of the property and is
environmentally and topographically appropriate for the site in that the habitat
buffer, upland slope, and riparian habitat areas are proposed to be designated as
Open Space.
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 Open Space zoning designation, as shown on Exhibit “ZC 04-
12,” implements the proposed Open Space General Plan Land Use designation as
shown on Exhibit “GPA 04-16.”
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 property is
constrained by slopes and sensitive habitat and the Open Space designation
preserves the property in its natural state; that the designation will be consistent
with the proposed Open Space land use designation and is compatible with the
surrounding properties; and that the open space is contiguous to other open space
parcels.
Conditions:
1. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 04-16, and LCPA 04-12
and is subject to all conditions contained in Planning Commission Resolutions No. 5784,
5785 and 5787 for those other approvals incorporated herein by reference.
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PC RES0 NO. 5786 -2-
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 17th day of November 2004, by the following
vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT:
ABSTAIN:
--
f’FRANK HI WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
n
MICHAEL J. HOLZMINER
Planning Director
PC RES0 NO. 5786 -3-
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Exhibit “X
November 17,2004
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 04-12,
FROM RESIDENTIAL SINGLE-FAMILY, 7,500 SQUARE FOOT
LOT SIZE MINIMUM, QUALIFIED DEVELOPMENT OVERLAY
TO OPEN SPACE ON PROPERTY GENERALLY LOCATED ON
THE NORTHEAST CORNER OF POINSETTIA LANE AND
AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT
ZONE 20
CASE NAME: NORTH COAST CALVARY CHAPEL
CASE NO.: ZC 04-1 2
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 “XI” dated November 17, 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. 5786 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. (Not withstanding the preceding, this ordinance shall not be effective within the City’s
Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council held on the day of , 2004, and thereafter
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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 04-12 - North Coast Calvary Chapel
November 17,2004
EXISTING
. ..
I Related Case File No(s): GPA 04-1 6/LCPA 04-1 USDP 04-O2/CUP 04-05/HDP 1 .. 04-01/CDP 04-03
Zoning Map Designation Change
Y. I I
I Attach additional'pages if necessary I