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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 17 WHEREAS, said application constitutes a request for a Zone Change as shown on 18 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 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 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. 10 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: 17 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." 24 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. 28 ' 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- 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 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-