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HomeMy WebLinkAbout2006-08-16; Planning Commission; Resolution 61551 PLANNING COMMISSION RESOLUTION NO. 6155 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM PLANNED 4 COMMUNITY (P-C) TO ONE-FAMILY RESIDENTIAL, MINIMUM 20,000-SQUARE-FOOT LOT SIZE (R-1-20,000) FOR A 0.5-ACRE VACANT SITE AT 7201 RANCHO SANTA 6 FE ROAD APPROXIMATELY 0.5 MILE SOUTH OF SAN ELIJO ROAD IN LOCAL FACILITIES MANAGEMENT 7 ZONE 11. CASE NAME: FIRE STATION NO. 6 8 CASE NO: ZC 05-12 9 WHEREAS, City of Carlsbad, "Developer/Owner", has filed a verified 10 application with the City of Carlsbad regarding property described as 11 That portion of Section 31, Township 12 South, Range 3 West, San Bernardino Base and Meridian, in the City of Carlsbad, 13 County of San Diego, State of California described in the corporation grant deed from the Daon Corporation to the City 14 of Carlsbad, a municipal corporation, recorded March 8,1984, as instrument number 84-85792 and also shown as being the 15 "Not A Part" Parcel on sheet 25 of 45 sheets of City of 1, Carlsbad CT 99-04-01 Villages of La Costa - La Costa Oaks South Map No. 14379 filed April 29, 2002, as File Number 17 2002-0358064 in the Office of the County Recorder of said County. Assessor's Parcel Number 223-617-24 18 ("the Property"); and 2Q WHEREAS, said application constitutes a request for a Zone Change as shown on 21 Exhibit "X" dated August 16, 2006, attached hereto and on file in the Planning Department, 22 FIRE STATION NO. 6 - ZC 05-12, as provided by Chapter 21.52 of the Carlsbad Municipal 23 Code; and 24 WHEREAS, the Planning Commission did on the 16th day of August, 2006, hold 25 a duly noticed public hearing as prescribed by law to consider said request; and 26 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission as follows: 3 A) That the foregoing recitations are true and correct. 4 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of FIRE STATION NO. 6 - ZC 05-12 based 5 on the following findings and subject to the following conditions: 7 Findings: Q0 1. That the proposed Zone Change from Planned Community (P-C) to One-family residential, minimum 20,000-square-foot lot size (R-l-20,000) is consistent with the goals and policies of the various elements of the General Plan, in that: 10 a. The R-l-20,000 zone is consistent in terms of allowable uses and density with the project's existing Residential Low-Medium Density (RLM) General Plan 1 land use designation. b. The R-l-20,000 zone is an appropriate zone for a fire station and facilitates compliance with a General Plan Land Use Element goal requiring adequate 13 public facilities for the City's projected population and a Land Use Element program that requires that there be no more than 1,500 dwelling units 14 outside a five-minute response time from a fire station. 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 R-l-20,000 zone implements the project's existing RLM General 17 Plan land use designation, according to Zoning Ordinance Section 21.10.010. 18 3. That the Zone Change is consistent with the public convenience, necessity and general welfare, and is consistent with sound planning principles in that: a. A fire station, as a public building, is a conditionally permitted use in the 20 R-l-20,000 zone. b. Three existing fire stations in the City also have a General Plan land use 21 designation of RLM and a zoning of R-l. c. The entire area surrounding the project site was deleted from the La Costa 22 Master Plan in 2001 as part of the Villages of La Costa Master Plan adoption. However, the project site remains an isolated, detached part of the La Costa Master Plan and is shown as "not a part" of the Villages of La 24 Costa Master Plan. The project site is surrounded by open space preserve, is not part of any planned community, and La Costa Master Plan standards 25 identify it as part of a larger master plan residential development, not a single fire station surrounded by open space. Therefore, it is appropriate to 2° change the project zoning from P-C to R-l-20,000 in recognition of the 27 project site's isolated location and changed circumstances. d. The 20,000-square-foot minimum lot size required by the proposed zoning 28 ensures the 0.5-acre city-owned parcel cannot be further subdivided, which provides assurance that use of the parcel will not be intensified beyond the proposed fire station use. PCRESONO. 6155 -2- Conditions; 2 This approval is granted subject to the adoption of the Mitigated Negative Declaration 3 and Mitigation Monitoring and Reporting Program for MP 149(U), CUP 05-13, and HMPP 06-01, approval of MP 149(U), CUP 05-13, and HMPP 06-01, and is subject to all conditions contained in Planning Commission Resolutions No. 6154, 6156, 6157, and 6158 for those other approvals incorporated herein by reference. 2. Developer shall implement, or cause the implementation of, the Fire Station No. 6 Mitigation Monitoring and Reporting Program. 7 8 NOTICE 9 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." 12 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 13 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 14 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or *5 annul their imposition. 16 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, 17 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 19 expired. 20 21 22 23 24 25 26 27 28 PCRESONO. 6155 -3- 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, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 16th day of August, 2006, by the following vote, to wit: AYES:Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, and Whitton NOES: ABSENT: Commissioner Segall ABSTAIN: MARTELL B. MON^GeMERY, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: yL DON NEU Assistant Planning Director PCRESONO. 6155 -4- Exhibit X August 16, 2006 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 GRANT A ZONE CHANGE FROM PLANNED COMMUNITY (P-C) TO ONE FAMILY RESIDENTIAL, MINIMUM 20,000 5 SQUARE FOOT LOT SIZE (R-1-20,000) FOR A 0.5 ACRE CITY- OWNED VACANT SITE AT 7201 RANCHO SANTA FE ROAD 6 APPROXIMATELY 0.5 MILE SOUTH OF SAN ELIJO ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 11. 7 CASE NAME: FIRE STATION NO. 6 CASE NO.: ZC 05-12 8 The City Council of the City of Carlsbad, California, does ordain as follows: 9 SECTION I: That the City's Zoning Map is amended as shown on the map 10 marked Exhibit "ZC 05-12" attached hereto and made a part hereof, pursuant to Section 21.05.030 of the Carlsbad Municipal Code. 12 SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6155, constitute the findings and conditions of14 the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its16 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within 1 o fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 21 Council on the day of 2006, and thereafter. 22 '" 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: 7 8 APPROVED AS TO FORM AND LEGALITY 9 10 RONALD R. BALL, City Attorney 11 12 CLAUDE A. LEWIS, Mayor 14 ATTEST: 15 16 LORRAINE M. WOOD, City Clerk 17 (SEAL) 18 19 20 21 22 23 24 25 26 27 28 -2- ZC05-12 Fire Station No. 6 08/16/06 EXISTING PROPOSED Related Case File No(s): MP-149(U)/CUP 05-13/HMPP 06-01 Zoning Map Designation Change Property From:To: A. 223-617-24-00 J3. C. D. P-C R-1-20.000