HomeMy WebLinkAbout2005-02-02; Planning Commission; Resolution 58291
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PLANNING COMMISSION RESOLUTION NO. 5829
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM LIMITED
5.09 ACRE SITE GENERALLY LOCATED ON THE EAST
SIDE OF BLACK RAIL ROAD, SOUTH OF SONGBIRD
AVENUE AND NORTH OF OCEAN CREST AVENUE IN THE
MELLO 11 SEGMENT OF THE LOCAL COASTAL PROGRAM
AND LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: YAMAMOTO SUBDIVISION
CONTROL (LC) TO ONE-FAMILY RESIDENTIAL (R-1) ON A
CASE NO.: ZC 04-01
WHEREAS, William Gustafson, “Developer,” has filed a verified application
with the City of Carlsbad regarding property described as
The south half of the northwest quarter of the northwest
quarter of the northeast quarter of Section 27, T12S, R4W,
SBBM, 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 04-01” dated February 2, 2005, attached hereto and on file in the Planning
Department, YAMAMOTO SUBDIVISION - ZC 04-01 as provided by Chapter 21.52 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of February 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 of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
based on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL ZC 04-01 - YAMAMOTO SUBDIVISION
Findinps :
1. That the proposed Zone Change fiom Limited Control (L-C) to One-Family
Residential (R-1) is consistent with the goals and policies of the various elements of the
General Plan, in that the proposed zone replaces the L-C zone which is intended to be
an interim zone designation. The proposed R-1 zone is consistent with the
Residential Low-Medium Density (FUM, 0-4 du/ac) General Plan designation and
the Zone 20 Specific Plan (SP 203) which was earlier found to be consistent with the
General Plan.
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 04-01” attached hereto,
implements the General Plan Land Use designation of RLM.
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 and future
residential uses.
Conditions:
1. This approval is granted subject to the approval of the Negative Declaration and LCPA
04-02 and is subject to all conditions contained in Planning Commission Resolutions No.
5828 and 5830 for those other approvals incorporated herein by reference.
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PC RESO NO. 5829 -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 feeslexactions
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 fees/exactions 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, California, held on the 2nd day of February 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
ABSTAIN:
JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5829 -3 -
ZC 04-01 - YAMAMOTO SUBDIVISION
Februarv 2.2005
Property From:
A. 21 5-040-05 L-c
B. C. D.
To:
R- 1
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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 04-01, FROM LIMITED CONTROL (L-C) TO
ONE-FAMILY RESIDENTIAL (R-I) ON A 5.09 ACRE SITE
GENERALLY LOCATED ON THE EAST SIDE OF BLACK
RAIL ROAD, SOUTH OF SONGBIRD AVENUE AND
NORTH OF OCEAN CREST AVENUE IN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM AND
LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: YAMAMOTO SUBDIVISION
CASE NO.: ZC 04-01
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 04-01” dated February 2,
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. 5829 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. (Nof 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
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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