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HomeMy WebLinkAbout2005-01-05; Planning Commission; Resolution 58141 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. 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: 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 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- 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 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 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 25 28 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 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 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) -2-