HomeMy WebLinkAbout2007-03-07; Planning Commission; Resolution 62601 PLANNING COMMISSION RESOLUTION NO. 6260
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM GENERAL
4 COMMERCIAL (C-2) TO PUBLIC UTILITIES (P-U) ON
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE
OF LA COSTA AVENUE BETWEEN EL CAMINO REAL AND
6 VIEJO CASTILLO WAY IN LOCAL FACILITIES
MANAGEMENT ZONE 6.
7 CASE NAME: LWD SITE IMPROVEMENT PROGRAM
CASE NO: ZC 05-098
o WHEREAS, Leucadia Wastewater District, "Developer/Owner," has filed a
10 verified application with the City of Carlsbad regarding property described as
11 A portion of Lot 9, Map 8379, Carlsbad Tract No. 75-7
12 ("the Property"); and
13 WHEREAS, said application constitutes a request for a Zone Change as shown on
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Exhibit "ZC 05-09" dated March 7, 2007, attached hereto and on file in the Planning
16 Department, LWD SITE IMPROVEMENT PROGRAM - ZC 05-09 as provided by Chapter
17 21.52 of the Carlsbad Municipal Code; and
18 ' WHEREAS, the Planning Commission did on the 7th day of March, 2007, hold a
duly noticed public hearing as prescribed by law to consider said request; and
20 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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relating to the Zone Change.
24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
25 Commission as follows:
2" A) That the foregoing recitations are true and correct.
27 B) That based on the evidence presented at the public hearing, the Commission
28 RECOMMENDS APPROVAL of LWD SITE IMPROVEMENT
PROGRAM - ZC 05-09 based on the following findings and subject to the
following conditions:
Findings;
2 1. That the proposed Zone Change from C-2 to P-U is consistent with the goals and policies
3 of the various elements of the General Plan, in that a) the P-U (Public Utility) zone is
intended to implement the U (Public Utilities) General Plan designation on the
subject property.
2. That the Zone Change will provide consistency between the General Plan and Zoning as
6 mandated by California State law and the City of Carlsbad General Plan Land Use
Element, in that a) the subject property has a General Plan designation of "U"
7 (Public Utilities) and the proposed P-U (Public Utility) zoning is the appropriate
zoning for the U General Plan designation, and b) the proposed P-U zoning is
appropriate for the existing and intended development of the site as a wastewater
district office and utility campus.
10 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) the proposed zone
change will make the zoning on the property consistent with the existing and
proposed uses of the site as a wastewater treatment facility office and utility use,
allowing the existing use to continue to serve the surrounding population and b)
3 reflects sound planning principles in that it will make the zoning consistent with the
General Plan designation on the site.
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Conditions:15
This approval is granted subject to the approval of PDP 05-01 and SUP 05-09 and is
subject to all conditions contained in Planning Commission Resolutions No. 6261 and
17 6262 for those other approvals incorporated herein by reference.
18 NOTICE
19 Please take NOTICE that approval of your project includes the "imposition" of fees,
20 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
23 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
24 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.25 F
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,
27 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
28 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PC RESO NO. 6260 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 7th day of March 2007, by the following vote,
to wit:
AYES: Chairperson Baker, Commissioners Cardosa, Dominguez,
Douglas, Montgomery, and Segall
NOES: None
ABSENT: Commissioner Whitton
ABSTAIN: None
JULIE BAKER, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
x \&H
DON NEU
Planning Director
PC RESO NO. 6260 -3-
EXHIBIT "ZC 05-09"
MARCH 7, 2007
1 ORDINANCE NO.
2 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF
3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO
THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 05-09,
4 FROM GENERAL COMMERCIAL TO PUBLIC UTILITY ON
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF
5 LA COSTA AVENUE BETWEEN EL CAMINO REAL AND VIEJO
CASTILLO WAY IN LOCAL FACILITIES MANAGEMENT ZONE
6 6.
CASE NAME: LWD SITE IMPROVEMENT PROGRAM
7 CASE NO.; ZC 05-09
o0 The City Council of the City of Carlsbad, California does ordain as follows:
9 SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the
zoning map, is amended as shown on the map marked Exhibit "ZC 05-09," dated March 7,
2007 attached hereto and made a part hereof.
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SECTION II: That the findings and conditions of the Planning Commission as
14 set forth in Planning Commission Resolution No. 6260 constitute the findings and conditions of
,,- the City Council.
16 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
jg published at least once in a newspaper of general circulation within fifteen days after its
19 adoption.
20 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
21 Council held on the day of , , and thereafter
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1 PASSED AND ADOPTED at a regular meeting of said City Council held on the
2 day of , , by the following vote, to wit:
3 AYES:
4 NOES:
5 ABSENT:
6 ABSTAIN:
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APPROVED AS TO FORM AND LEGALITY8
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RONALD R. BALL, City Attorney
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12 CLAUDE A. LEWIS, Mayor
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14 ATTEST:
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16 LORRAINE M. WOOD, City Clerk
17 (SEAL)
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-2-
ZC 05-09 LWD Site Improvement Program
03/07/07
EXISTING
PROPOSED
Related Case File No(s): PDF 05-01 /SUP 05-09
Zoning Map Change
Property
A. 216-124-22-00
B.
C.
D.
From:
C-2
To:
P-U