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HomeMy WebLinkAbout2004-11-17; Planning Commission; Resolution 57861 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. 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 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 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. ... ... PC RES0 NO. 5786 -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 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- 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 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 Ill Ill Ill 111 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 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