HomeMy WebLinkAbout2008-10-01; Planning Commission; Resolution 64761 PLANNING COMMISSION RESOLUTION NO. 6476
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM R-l-15,000 TO R-l-
4 15,000 AND OS ON PROPERTY GENERALLY LOCATED ON
5 THE SOUTH SIDE OF ADAMS STREET ALONG THE NORTH
SHORE OF THE AGUA HEDIONDA LAGOON BETWEEN
6 HIGHLAND DRIVE AND PARK DRIVE WITHIN THE AGUA
HEDIONDA SEGMENT OF THE LOCAL COASTAL
7 PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE
8 CASE NAME: ADAMS STREET SUBDIVISION
9 CASE NO: ZC 06-07
10 WHEREAS, Planning Systems, "Developer," has filed a verified application
11 with the City of Carlsbad regarding property owned by Benjamin & Eunice Medina, and
12 David Graham, "Owner," described as
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The southeasterly 127.0 feet measured at right angles of Lot 5
14 and that portion of Lot 6, in Block "D" of Bella Vista, in the
City of Carlsbad, County of San Diego, State of California,
^ according to map thereof No. 2152, filed in the Office of the
I/- County Recorder of said San Diego County, March 7, 1929,
lying westerly of a line and the prolongations thereof that is
17 drawn parallel with and distant 300 feet westerly measured at
right angles from the easterly line of Lot 6
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("the Property"); and
20 WHEREAS, said application constitutes a request for a Zone Change as shown on
21 Exhibit "ZC 06-07" dated October 1, 2008, attached hereto and on file in the Planning
22 Department, ADAMS STREET SUBDIVISION - ZC 06-07, as provided by Chapter 21.52 of
23 the Carlsbad Municipal Code; and
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WHEREAS, the proposed Zone Change is set forth in draft City Council
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Ordinance, Exhibit "X", dated October 1, 2008 and attached hereto as ADAMS STREET26
2? SUBDIVISION - ZC 06-07; and
28 WHEREAS, the Planning Commission did on October 1, 2008, hold a duly
noticed public hearing as prescribed by law to consider said request; and
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.4
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
5 Commission as follows:
7 A) That the foregoing recitations are true and correct.
o B) That based on the evidence presented at the public hearing, the Commission
9 RECOMMENDS APPROVAL of ADAMS STREET SUBDIVISION - ZC
06-07 based on the following findings and subject to the following conditions:
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Findings:
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. That the proposed Zone Change from R-l-15,000 to Open Space (OS) on a portion of
the project site is consistent with the goals and policies of the various elements of the
13 General Plan, in that the proposed change in zone designation from R-l-15,000 to OS
for Parcel 3 of MS 05-29 is based on the environmental constraints of the property
14 and is environmentally appropriate in that Parcel 3 will be included in an open
space habitat preserve area; and, that this area is 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 to designate high-
priority resource areas as open space at the time of development.
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2. That the Zone Change will provide consistency between the General Plan and Zoning as
18 mandated by California State law and the City of Carlsbad General Plan Land Use
Element, in that the zone designations shown on Exhibit "ZC 06-07" attached hereto,
implement the General Plan Land Use designation of OS for Parcel 3 of MS 05-29
2Q and RLM on Parcels 1, 2, and 4.
21 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
22 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
designation is compatible with the adjacent and future residential land uses.
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4. The Planning Commission has reviewed each of the exactions imposed on the Developer
25 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
27 Conditions:
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1 . If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
PC RESO NO. 6476 -2-
implemented and maintained according to their terms, the City shall have the right to
2 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
3 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
<. or a successor in interest by the City's approval of this Zone Change.
5 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Zone Change documents, as necessary to make them internally
7 consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
9 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
10 regulations in effect at the time of building permit issuance.
11 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
13 Section 66020. If any such condition is determined to be invalid, this approval shall be
invalid unless the City Council determines that the project without the condition complies
14 with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
17 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Zone Change, (b) City's
18 approval or issuance of any permit or action, whether discretionary or nondiscretionary,
in connection with the use contemplated herein, and (c) Developer/Operator's installation
and operation of the facility permitted hereby, including without limitation, any and all
2Q liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions. This obligation survives until all legal proceedings have
21 been concluded and continues even if the City's approval is not validated.
22 6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 06-08, LCPA 06-08, HDP
05-12, V 07-03, and HMP 07-04 and is subject to all conditions contained in Planning
24 Commission Resolutions No. 6474, 6475, 6477, 6478, 6479, and 6480 for those other
approvals incorporated herein by reference, and is subject to all conditions contained
25 in the Planning Director's approval letter for PUD 05-19 and the City Engineers
approval letter for MS 05-29.
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PC RESO NO. 6476 -3-
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
\2 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on October 1,2008, by the following vote, to wit:
AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, and
16 Chairperson Whitton
NOES:
18 ABSENT: Commissioners Douglas and Montgomery
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ABSTAIN:
20"
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22 /FRANK H.'WHITTON, Chairperson
23 CARLSBAD PLANNING COMMISSION
24 ii ATTEST:
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DON NEU
28 Planning Director
PC RESO NO. 6476 -4-
Exhibit "X"
October 1, 2008
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 06-07,
4 FROM R-1-15,000 TO R-1-15,000 AND OS ON PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE OF ADAMS
5 STREET ALONG THE NORTH SHORE OF THE AGUA
HEDIONDA LAGOON BETWEEN HIGHLAND DRIVE AND PARK
6 DRIVE WITHIN THE AGUA HEDIONDA SEGMENT OF THE
LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
7 MANAGEMENT ZONE 1.
CASE NAME: ADAMS STREET SUBDIVISION
8 CASE NO.: ZC 06-07
9 The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
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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 06-07," dated October 1,12
2008 attached hereto and made a part hereof.13
14 SECTION II: That the findings and conditions of the Planning Commission as set
forth in Planning Commission Resolution No. 6476 constitute the findings and conditions of the
16 City Council.
EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days
18 after its adoption but not until Local Coastal Program Amendment LCPA 06-08 is approved by
the California Coastal Commission, and the City Clerk shall certify to the adoption of this
70 ordinance and cause it to be published at least once in a publication of general circulation in the
71 City of Carlsbad within fifteen days after its adoption.
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Exhibit "X"
October 1, 2008
1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
2 Carlsbad on the day of 2008, by the following vote, to wit:
3 AYES:
4 NOES:
5 ABSENT:
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8 CLAUDE A. LEWIS, Mayor
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ATTEST:
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12 LORRAINE M. WOOD, City Clerk
13 (SEAL)
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ZC 06-07
Exhibit "ZC 06-07"
October 1, 2008
Adams Street Subdivision
OS
EXISTING
PROPOSED
Related Case File No(s): GPA 06-08/ LCPA 06-08/ PUD 05-1 9/ HDP 05-1 2/ V 07-03/ HMP 07-04/MS 05-29
Zoning Designation Changes
Property
A. |206-200-01
From:
R-1-15,000
To:
R-1-15.000/OS