HomeMy WebLinkAbout2005-01-05; Planning Commission; Resolution 58141
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PLANNING COMMISSION RESOLUTION NO. 5814
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM PLANNED
COMMUNITY (PC) TO RESIDENTIAL DENSITY -
MULTIPLE (RD-M) ON A 0.88 ACRE SITE GENERALLY
LOCATED ON THE NORTH SIDE OF GIBRALTAR STREET,
SOUTH OF THE LA COSTA GOLF COURSE, BETWEEN
JEREZ COURT AND ROMERIA STREET WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 6.
CASE NAME: VISTA LA COSTA
CASE NO: ZC 04-09
WHEREAS, Abedi Family Trust, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
That portion of the North half of the Southeast One-Quarter of
Section 36, Township 12 South, Range 4 West, San Bernardino
Meridian, according to official Plat thereof, in the City of
Carlsbad, County of San Diego, State of California, described
as Parcel No. 2 in a certificate of compliance recorded on
August 27, 1984 as file no. 84-325375 of Official Records of
said San Diego County
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit “ZC 04-09” dated January 5, 2005, attached hereto and on file in the Planning
Department, VISTA LA COSTA - ZC 04-09 as provided by Chapter 21.52 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did on the 5th day of January, 2005, 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:
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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 ZC 04-09 - VISTA LA COSTA based on
the following findings and subject to the following conditions:
Findings:
1. That the proposed Zone Change from Planned Community (PC) to Residential Density
Multiple (RD-M) is consistent with the goals and policies of the various elements of the
General Plan, in that the subject triangular parcel was originally a part of the La
Costa Golf Course property and was mapped within the floodplain of San Marcos
Creek. However, the triangular parcel is at a higher elevation, was graded as part
of the upland lots, not the golf course, and subsequent, more accurate mapping, has
shown that this property is clearly well above and outside of the floodplain. The
new RD-M zoning designation will be consistent with surrounding properties which
are also zoned RD-M.
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 designation shown on Exhibit “ZC 04-09” attached hereto,
will implement the proposed General Plan Land Use designation of Residential High
Density (RH, 15-23 du/ac).
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 uses allowed
by the proposed zone change are compatible with the adjacent multifamily
residential uses.
Conditions:
1. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and GPA 04-14 and is subject to
all conditions contained in Planning Commission Resolutions No. 5812 and 5813 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
“feedexac tions .”
You have 90 days from 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.
PC RES0 NO. 5814 -2-
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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 5th day of January 2005, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
ABSTAIN:
/7
JE~ N. SEGALL,&airperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5814 -3 -
ZC 04-09 - Vista La Costa
Januarv 5,2005
Related Case File No@): GPA 04-14/CT 04-05/CP 04-01
Zoning Map Designation Change
Property I From: I To:
A 316-1.?0-68 I P-c I RD-M
B.
C. n
I Attach additional pages if necessary I
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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 04-09,
FROM PLANNED COMMUNITY TO RESIDENTIAL-DENSITY
MULTIPLE ON PROPERTY GENERALLY LOCATED ON THE
NORTH SIDE OF GIBRALTAR STREET, SOUTH OF THE LA
COSTA GOLF COURSE, BETWEEN JEREZ COURT AND
ROMERIA STREET IN LOCAL FACILITIES MANAGEMENT
ZONE 6.
CASE NAME: VISTA LA COSTA
CASE NO.: ZC 04-09
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 04-09,” dated January 5,
2005, 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. 5814 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 , 2005, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City Council held on the
, 2005, by the following vote, to wit: day of
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CMUDE~. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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