HomeMy WebLinkAbout2007-05-02; Planning Commission; Resolution 62871 PLANNING COMMISSION RESOLUTION NO. 6287
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM R-1-8,000 TO OS
4 ON LOTS 10 AND 11 OF CT03-10 ON PROPERTY
s GENERALLY LOCATED WEST OF KELLY DRIVE AND
NORTH OF HILLSIDE DRIVE AT THE TERMINUS OF AURA
6 CIRCLE WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES
7 MANAGEMENT ZONE 1.
CASE NAME: AURA CIRCLE
8 CASE NO: ZC 05-03
9 WHEREAS, Carlsbad Greens, LLC, "Owner/Developer," has filed a verified
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application with the City of Carlsbad regarding property described as
That portion of Lot "I" of Rancho Agua Hedionda, in the City
of Carlsbad, County of San Diego, State of California,
13 according to Map thereof No. 823, filed in the Office of the
County Recorder of San Diego County, November 16, 1896,
14 further described in Attachment "A"
15 ("the Property"); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
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Exhibit "ZC 05-03" dated May 2,2007, attached hereto and on file in the Planning Department,
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AURA CIRCLE - ZC 05-03, as provided by Chapter 21.52 of the Carlsbad Municipal Code;
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21 WHEREAS, the Planning Commission did on the 2nd day of May, 2007, hold a
22 duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24 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.26
2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28 Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 RECOMMENDS APPROVAL of AURA CIRCLE - ZC 05-03 based on the
following findings and subject to the following conditions:
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Findings;
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1. That the proposed Zone Change from R-l-8,000 to Open Space (OS) is consistent with
, the goals and policies of the various elements of the General Plan, in that the proposed
6 change in zone designation from R-l-8,000 to OS for Lots 10 and 11 of CT 03-10 is
based on the environmental constraints of the property and is environmentally and
7 topographically appropriate for the site in that the manufactured slopes within Lot
10 are considered undevelopable and the habitat areas within Lot 11 will be
included in the open space habitat preserve areas and that these areas are proposed
to be designated as OS on the General Plan Land Use and Open Space and
Conservation maps, in accordance with the Habitat Management Plan requirements
10 to designate high-priority resource areas as open space at the time of development.
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 zone designations shown on Exhibit "ZC 05-03" attached hereto,
13 implements the General Plan Land Use designation of OS for Lots 10 and 11 of
CT 03-10.
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3. That the Zone Change is consistent with the public convenience, necessity, and general
welfare, and is consistent with sound planning principles in that the zone change
, £ implements the Habitat Management Plan requirements to designate high-priority
resource areas as open space at the time of development and the proposed OS zone
17 designation is compatible with the adjacent and future residential land uses.
18 Conditions:
1 Q 1 This approval is granted subject to adoption and approval of the Mitigated Negative
2Q Declaration and Mitigation Monitoring and Reporting Program, GPA 05-06,
LCPA 05-03 and HMP 06-12 and is subject to all conditions contained in Planning
21 Commission Resolutions No. 6285, 6286, 6288, and 6289 for those other approvals
incorporated herein by reference.
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PC RESO NO. 6287 , -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, ANb ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 2nd day of May, 2007, by the following vote,
to wit:
AYES:
NOES:
Chairperson Baker, Commissioner Cardosa, Dominguez, Douglas,
Montgomery, and Segall
ABSENT: Commissioner Whitton
ABSTAIN:
JULIE
CARLS
ATTEST:
, Chairperson
LANNING COMMISSION
DON NEU
Planning Director
PC RESO NO. 6287 -3-
Exhibit "ZC 05-03"
May 2, 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 05-03,
4 FROM R-1 ONE FAMILY RESIDENTIAL ZONE (8,000 SQUARE
FOOT MINIMUM LOT SIZE) TO OPEN SPACE (OS) ON LOTS
5 10 AND 11 OF CT 03-10 ON PROPERTY GENERALLY
LOCATED WEST OF KELLY DRIVE AND NORTH OF HILLSIDE
6 DRIVE AT THE TERMINUS OF AURA CIRCLE WITHIN THE
MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM
7 AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: AURA CIRCLE
8 CASE NO.: ZC 05-03
9 The City Council of the City of Carlsbad, California, does hereby resolve as
follows:10
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 05-03," dated May 2, 2007
attached hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission as set
forth in Planning Commission Resolution No. 6287 constitute the findings and conditions of the
I6 City Council.
EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days
after its adoption but not until Local Coastal Program Amendment LCPA 05-03 is approved by
1 the California Coastal Commission, and the City Clerk shall certify to the adoption of this
90 ordinance and cause it to be published at least once in a publication of general circulation in the
91 City of Carlsbad within fifteen days after its adoption.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2007, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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ZC 05-03 ZONE CHANGE
AURA CIRCLE
Exhibit "ZC 05-03"
1/9/07
R-1-8,000
EXISTING PROPOSED
Related Cases File No(s): GPA 05-06/ZC 05-03/LCPA 05-03/CT 03-
10/SDP 05-05/HDP 03-05/CDP 03-32
Zone Change
Property
A. 207-100-48
B.
C.
D.
From:
R-1-8,000
To:
R-1-8.000/O-S
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