HomeMy WebLinkAbout2006-04-05; Planning Commission; Resolution 60571 PLANNING COMMISSION RESOLUTION NO. 6057
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A RESOLUTION OF THE PLANNING COMMISSION OF
3 THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A ZONE CHANGE
4 FROM LIMITED CONTROL (L-C) TO RESIDENTIAL
DENSITY-MULTIPLE WITH QUALIFIED DEVELOPMENT
OVERLAY (RD-M-Q) AND OPEN SPACE (O-S), ON A 14.4
6 ACRE SITE LOCATED ON PROPERTY GENERALLY
LOCATED ON THE WEST SIDE OF EL CAMINO REAL
7 AND NORTH OF DOVE LANE WITHIN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM AND
8 LOCAL FACILITIES MANAGEMENT ZONE 21.
9 CASE NAME: LA COSTA VILLAGE CENTER
TOWNHOMES
10 CASE NO: ZC 04-06
11 WHEREAS, Marker La Costa LLC, "Developer," has filed a verified
12 application with the City of Carlsbad regarding property owned by Noreen Levatino, "Owner,"
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described as
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All that portion of the west half of the northeast Quarter of
1 -* Section 26, Township 12 South, Range 4 West, San Bernardino
* ,- Meridian, in the City of Carlsbad, County of San Diego, State
of California, being more particularly described in certificate
17 of compliance record June 16,1989 as file No. 89-317343
18 ("the Property"); and
1 Q WHEREAS, said application constitutes a request for a Zone Change as shown on
20 Exhibits "ZC 04-06" dated April 5, 2006, attached hereto and on file in the Planning
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Department, LA COSTA VILLAGE CENTER TOWNHOMES - ZC 04-06 as provided by
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Chapter 21.52 of the Carlsbad Municipal Code; and
24 WHEREAS, the Planning Commission did on the 5th day of April, 2006, hold a
25 duly noticed public hearing as prescribed by law to consider said request; and
*)f\WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Zone Change.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission as follows:
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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
RECOMMENDS APPROVAL OF LA COSTA VILLAGE CENTER
6 TOWNHOMES - ZC 04-06 based on the following findings and subject to the
following conditions:
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Findings:8
o 1. That the proposed Zone Change from Limited Control (L-C) to Residential Density
Medium with Qualified Development Overlay (RD-M-Q) and Open Space (OS) is
10 consistent with the goals and policies of the various elements of the General Plan, in
that that the proposed zones replace the (L-C) zone which is intended to be an
interim zone designation. The proposed (RD-M-Q) and (OS) land uses are
consistent with the Residential Medium-High (RMH, 4-8 du/ac) and Open Space
(OS) General Plan Land Use designations which were earlier found to be consistent
13 with the General Plan.
14 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 zoning designations shown on Exhibit "ZC 04-06" attached
,,- hereto, implements the General Plan Land Use Designations of RMH and OS.
17 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 and open
space uses allowed by the proposed zone change are compatible with the adjacent
and future residential and open space uses.
20 Conditions;
21 1. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 04-10, and LCPA 04-09
22 and is subject to all conditions contained in Planning Commission Resolutions No. 6054,
6055, and 6056 for those other approvals incorporated herein by reference.
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PC RESO NO. 6057 -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 5th day of April 2006, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall, and Whitton
MARTELL B. MONTGft»MiiKY, l§0Brperson
CARLSBAD PLANNING COMMISSION
)NNEU
sistant Planning Director
PC RESO NO. 6057
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1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE CITY'S ZONING
3 MAP PURSUANT TO SECTION 21.05.030 OF THE CARLSBAD
MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP
4 TO THE ZONING MAP TO GRANT A ZONE CHANGE FROM
LIMITED CONTROL (LC) TO RESIDENTIAL DENSITY-
5 MULTIPLE WITH A QUALIFIED DEVELOPMENT OVERLAY (RD-
M-Q) AND OPEN SPACE (OS) ON A 14.4 ACRE SITE
6 GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO
REAL AND NORTH OF DOVE LANE IN LOCAL FACILITIES
7 MANAGEMENT ZONE 21.
CASE NAME: LA COSTA VILLAGE CENTER TOWNHOMES
8 CASE NO.: ZC 04-06
9 The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION I: That the City's Zoning Map is amended as shown on the map
marked Exhibit "ZC 04-06" attached hereto and made a part hereof, pursuant to Section
12 21.05.030 of the Carlsbad Municipal Code.
SECTION II: That the findings and conditions of the Planning Commission as
set forth in Planning Commission Resolution No. 6057, constitute the findings and conditions of
I5 the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
17 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
1 O published at least once in a publication of general circulation in the City of Carlsbad within
19 fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be
90 effective until LCPA 04-09 is approved by the California Coastal Commission.)
21 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
22 Council on the day of 2006, and thereafter.23 ///24 ///25 ///26 ///27 ///28 ///
1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
2 Carlsbad on the day of 2006, by the following vote, to wit:
3 AYES:
4 NOES:
5 ABSENT:
6 ABSTAIN:
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8 APPROVED AS TO FORM AND LEGALITY
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10 RONALD R. BALL, City Attorney
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CLAUDE A. LEWIS, Mayor13
14 ATTEST:
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16 LORRAINE M. WOOD, City Clerk
17 (SEAL)
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ZC 04-06
LA COSTA VILLAGE CENTER TOWNHOMES
April 5. 2006
EXISTING
PROPOSED
Related Case File No(s): GPA 04-10 /L CPA 04-09 /CT 04-08 /
SDP 04-05 / CDP 04-1 7 / SUP 04-07 / CP 04-03 / HDP 04-04
Zone Change
Property
A. 215-050-73-00
B.
C.
D.
From:
L-C
To:
RD-M/Q / OS