HomeMy WebLinkAbout2006-03-01; Planning Commission; Resolution 60341 PLANNING COMMISSION RESOLUTION NO. 6034
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APROVAL OF A ZONE CHANGE TO CHANGE THE ZONING
4 DESIGNATION FROM RESIDENTIAL AGRICULTURAL (R-A
10,000) TO RESIDENTIAL DENSITY-MULTIPLE ZONE (RD-
M) ON A 2.79 ACRE SITE GENERALLY LOCATED ON THE
6 WEST SIDE OF DONNA DRIVE AND NORTH OF
CARLSBAD VILLAGE DRIVE IN LOCAL FACILITIES
7 MANAGEMENT ZONE 1.
CASE NAME: TRAILS END
8 CASE NO: ZC 04-10
9 WHEREAS, Dennis Cunningham, "Developer," has filed a verified application
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with the City of Carlsbad regarding property owned by Chris Coseo, "Owner," described as
Portion of lot 7 of Section 32, Township 11 South, Range 4
West, San Bernardino Meridian, in the City of Carlsbad,
13 County of San Diego, State of California, according to official
plat thereof
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("the Property"); and
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, fi WHEREAS, said application constitutes a request for a Zone Change as shown on
17 Exhibit "ZC 04-10" dated March 1, 2006, attached hereto and on file in the Planning
18 Department, TRAILS END - ZC 04-10 as provided by Chapter 21.52 of the Carlsbad
19 Municipal Code; and
20 WHEREAS, the Planning Commission did on the 1st day of March, 2006, hold a
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duly noticed public hearing as prescribed by law to consider said request; and
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_- WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25 relating to the Zone Change.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
27 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
2 RECOMMENDS APPROVAL of TRAILS END - ZC 04-10 based on the
following findings:
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Findings:
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That the proposed Zone Change from Residential Agricultural (R-A 10,000) to
Residential Density-Multiple Zone (RD-M) is consistent with the goals and policies of
5 the various elements of the General Plan, in that the proposed Zone Change is
necessary to implement the Residential Medium Density (RM) General Plan Land
7 Use designation.
° 2. That the Zone Change will provide consistency between the General Plan and Zoning as
o mandated by California State law and the City of Carlsbad General Plan Land Use
Element, in that the Zone Change from R-A 10,000 to RD-M, as shown on Exhibit
10 "ZC 04-10" attached hereto, implements the General Plan Land Use designation of
RM.
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3. That the Zone Change is consistent with the public convenience, necessity and general
welfare, and is consistent with sound planning principles in that future residential uses
13 allowed by the proposed Zone Change are compatible with the existing surrounding
residential uses.
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Conditions;15
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and is subject to all conditions
17 contained in Planning Commission Resolution No. 6033 incorporated herein by
reference.
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PC RESO NO. 6034 -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 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.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
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, held on the 1st day of March 2006, by the following vote,
to wit:
AYES: Chairperson Montgomery, Commissioners Cardosa, Dominguez,
and Whitton
NOES: Commissioner Baker
ABSENT: Commissioner Heineman and Segall
ABSTAIN:
MARTELL B. MONTfrOMER
CARLSBAD PLANNING COM
ATTEST:
7X1
DONNEU
Assistant Planning Director
irson
ISSION
PC RESO NO. 6034 -3-
ZC 04-10
March 1.2006
Trails End
SITE
RA-10,000
EXISTING
PROPOSED
Related Case File No(s): ZC 04-10
Zone Change
Property
A. 156-090-41-00
B.
C.
D.
From:
RA- 10,000
To:
RD-M