HomeMy WebLinkAbout2006-11-15; Planning Commission; Resolution 61891 PLANNING COMMISSION RESOLUTION NO. 6189
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM LIMITED
4 CONTROL (LC) TO RESIDENTIAL DENSITY-MULTIPLE
(RD-M) AND OPEN SPACE (OS) ON A 20.4-ACRE
PROPERTY GENERALLY LOCATED SOUTHEAST OF THE
6 INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE
IN THE MELLO II SEGMENT OF THE LOCAL COASTAL
7 PROGRAM AND IN LOCAL FACILITIES MANAGEMENT
ZONE 21.
8 CASE NAME: POINSETTIA PLACE
9 CASE NO: ZC 04-08
10 WHEREAS, Sierra Linda Development Company, "Developer," has filed a
11 verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia
12 Land Company, a California Limited Liability Co., "Owner," described as
13 -The north half of the southwest quarter of the southwest
14 quarter of Section 23, Township 12 south, Range 4 west, San
Bernardino Meridian, in the City of Carlsbad, County of San
15 Diego, State of California, according to the official plat thereof
16 ("the Property"); and
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WHEREAS, said application constitutes a request for a Zone Change as shown on
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Exhibit "ZC 04-08" dated November 15, 2006, attached hereto and on file in the Planning
2Q Department, POINSETTIA PLACE - ZC 04-08, as provided by Chapter 21.52 of the Carlsbad
21 Municipal Code; and
22 WHEREAS, the Planning Commission did on the 15th day of November, 2006,
23 hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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27 relating to the Zone Change.
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 RECOMMENDS APPROVAL of POINSETTIA PLACE - ZC 04-08 based
on the following findings and subject to the following conditions:4
- Findings;
6 1. That the proposed Zone Change from Limited Control (L-C) to Residential Density-
Multiple and Open Space (OS) is consistent with the goals and policies of the various
7 elements of the General Plan, in that the proposed zones replace the L-C Zone which is
intended to be an interim zone designation. The proposed RD-M and OS Zones are
consistent with the Residential Medium-High Density (RMH, 4-8 du/ac), Residential
9 High Density (RH, 15-23 du/ac) and Open Space (OS) General Plan Land Use
designations which were earlier found to be consistent with the General Plan.
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2. That the Zone Change will provide consistency between the General Plan and Zoning as
11 mandated by California State law and the City of Carlsbad General Plan Land Use
Element, in that the zoning designations shown on Exhibit "ZC 04-08," attached
hereto, implements the General Plan Land Use designations of RMH, RH, and OS.
13 3. That the Zone Change is consistent with the public convenience, necessity, and general
14 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
15 and future residential and open space uses.
Conditions:
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1. This approval is granted subject to the approval of the Mitigated Negative Declaration
18 and Mitigation Monitoring and Reporting Program, General Plan Amendment
GPA 04-12, and Local Coastal Program Amendment LCPA 04-11 and is subject to
all conditions contained in Planning Commission Resolutions No. 6187, 6188, and 6190
2Q for those approvals incorporated herein by reference.
21 NOTICE
22 Please take NOTICE that approval of your project includes the "imposition" of fees,
23 dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
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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
26 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
27 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
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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,
PCRESONO. 6189 -2-
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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 15th day of November, 2006, by the following
vote, to wit:
AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez,
and Whitton
NOES: Commissioner Segall
ABSENT: Chairperson Montgomery and Commissioner Heineman
ABSTAIN:
JULIE BAKER, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
Assistant Planning Director
PCRESONO. 6189 -3-