HomeMy WebLinkAbout2008-11-05; Planning Commission; Resolution 65001 PLANNING COMMISSION RESOLUTION NO. 6500
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM LIMITED
4 CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-l) AND
OPEN SPACE (OS) ON PROPERTY GENERALLY LOCATED
ON THE NORTHEAST CORNER OF BLACK RAIL ROAD
6 AND AVENA COURT EAST IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
7 CASE NAME: SEASCAPE
CASE NO: ZC05-108
WHEREAS, Rajeev Bhatia, "Developer," has filed a verified application with
10 the City of Carlsbad regarding property owned by Ron Vandermooren and Rajeev Bhatia,
"Owner," described as:
12 Parcel IB:
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The Southwest Quarter of the Southwest Quarter of the
14 Northwest Quarter of the Northeast Quarter of Section 27,
Township 12 South, Range 4 West, San Bernadino Base and
Meridian, in the City of Carlsbad, County of San Diego, State
of California, according to the official plat thereof; and
17 Parcel 2B:
18 The Southeast Quarter of the Southwest Quarter of the
Northwest Quarter of the Northeast Quarter of Section 27,
Township 12 South, Range 4 West, San Bernadino Base and
20 Meridian, in the City of Carlsbad, County of San Diego, State
of California, according to the official plat thereof; and
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Parcel 3B:
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-,, An easement for road and public utility purposes over, under,
upon and across the westerly 30 feet of the south half of the
24 Northwest Quarter of the Northwest Quarter of the Northeast
Quarter of Section 27, Township 12 South, Range 4 West, San
25 Bernadino Base and Meridian, in the City of Carlsbad, County
of San Diego, State of California, according to the official plat
thereof; and
27 Parcel 4B:
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An easement for road and public utility purposes over, under,
along and across the westerly 30 feet of the Northwest Quarter
of the Southwest Quarter of the Northwest Quarter of Section
27, Township 12 South, Range 4 West, San Bernadino Base
2 and Meridian, in the City of Carlsbad, County of San Diego,
State of California, according to the official plat thereof
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("the Property"); and4
_ WHEREAS, said application constitutes a request for a Zone Change as shown on
6 Exhibit "ZC 05-10" dated November 5, 2008, attached hereto and on file in the Planning
7 Department, SEASCAPE - ZC 05-10, as provided by Chapter 21.52 of the Carlsbad Municipal
8 Code; and
9 WHEREAS, the proposed Zone Change (ZC 05-10) is set forth in draft City
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Council Ordinance, Exhibit "X", dated November 5, 2008 and attached hereto as
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SEASCAPE; and
13 WHEREAS, the Planning Commission did on November 5, 2008, hold a duly
14 noticed public hearing as prescribed by law to consider said request; and
15 WHEREAS, at said public hearing, upon hearing and considering all testimony
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.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2Q Commission as follows:
21 A) That the foregoing recitations are true and correct.
22 B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of SEASCAPE - ZC 05-10, 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 Limited Control (L-C) to One-Family
2" Residential (R-l) and Opens Space (OS) is consistent with the goals and policies of the
27 various elements of the General Plan, in that the proposed zones replace the L-C Zone
which is intended to be an interim zoning designation. The proposed R-l and OS
28 Zones are consistent with the Residential Low-Medium Density (RLM, 0-4 du/ac)
and Open Space (OS) General Plan designations and the Zone 20 Specific Plan (SP
203), which was earlier found to be consistent with the General Plan.
PC RESO NO. 6500 -2-
2. That the Zone Change will provide consistency between the General Plan and Zoning as
2 mandated by California State law and the City of Carlsbad General Plan Land Use
Element, in that the zone designations shown on Exhibit "ZC 05-10" attached hereto,
3 implement the General Plan Land Use designations of RLM and OS.
3. That the Zone Change is consistent with the public convenience, necessity, and general
c 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
5 and future residential and open space uses.
7 4. The Planning Commission of the City of Carlsbad does hereby find:
o
a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for SEASCAPE - GPA 05-
11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP
10 06-02/HMP 07-09, the environmental impacts therein identified for this project
and said comments thereon, and the Program, on file in the Planning Department,
prior to RECOMMENDING ADOPTION of the project; and
12 b. the Mitigated Negative Declaration and the Program have been prepared in
13 accordance with requirements of the California Environmental Quality Act, the
State Guidelines and the Environmental Protection Procedures of the City of
14 Carlsbad; and
c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
17 d. based on the EIA Part II and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on
18 the environment.
19 The Planning Commission has reviewed each of the exactions imposed on the Developer
2Q 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
21 degree of the exaction is in rough proportionality to the impact caused by the project.
22 Conditions;
23 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
24 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
25 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
issued under the authority of approvals herein granted; record a notice of violation on the
2-7 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
28 °r a successor in interest by the City's approval of this Zone Change.
PC RESO NO. 6500 -3-
" Staff is authorized and directed to make, or require the Developer to make, all corrections
2 and modifications to the Zone Change documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall
3 occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.4
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment
7 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
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
with all requirements of law.
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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
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
approval or issuance of any permit or action, whether discretionary or nondiscretionary,
14 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
liabilities arising from the emission by the facility of electromagnetic fields or other
, f energy waves or emissions. This obligation survives until all legal proceedings have
been concluded and continues even if the City's approval is not validated.
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6. This approval is granted subject to the approval of the Mitigated Negative Declaration
18 and Mitigation Monitoring and Reporting Program, GPA 05-11, LCPA 05-06, and
CT 05-18 and is subject to all conditions contained in Planning Commission Resolutions
No. 6498, 6499, 6501, and 6502 for those other approvals incorporated herein by
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reference.
PC RESO NO. 6500 -4-
1 NOTICE
2
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."
5 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
6 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
o annul their imposition.
9 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
12 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on November 5,2008, by the following vote, to wit:
AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery,
16 and Chairperson Whitton
17 NOES:
1 8 ABSENT: Commissioner Douglas
19 ABSTAIN:
20"
21
FKANKH. WHITTON, Chairperson
23 CARLSBAD PLANNING COMMISSION
24 ii ATTEST:25
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27 ilX.
DON NEU
28 Planning Director
PC RESO NO. 6500 -5-
Exhibit "X"
November 5, 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 FROM
4 LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-1)
AND OPEN SPACE (OS) ON PROPERTY GENERALLY
5 LOCATED ON THE NORTHEAST CORNER OF BLACK RAIL
ROAD AND AVENA COURT EAST IN LOCAL FACILITIES
6 MANAGEMENT ZONE 20.
CASE NAME: SEASCAPE
7 CASE NO.: ZC 05-10
8 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
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City's zoning map, is amended as shown on the map marked Exhibit "ZC 05-10," dated
November 5, 2008 attached hereto and made a part hereof.
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SECTION II: That the findings and conditions of the Planning Commission as set
forth in Planning Commission Resolution No. 6500 constitute the findings and conditions of the14
City Council.
EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days16
after its adoption but not until Local Coastal Program Amendment LCPA 05-06 is approved by
the California Coastal Commission, and the City Clerk shall certify to the adoption of this18
ordinance and cause it to be published at least once in a publication of general circulation in the
City of Carlsbad within fifteen days after its adoption.
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Exhibit "X"
November 5, 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:
6
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8 CLAUDE A. LEWIS, Mayor
9n
ATTEST:
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12 LORRAINE M. WOOD, City Clerk
13 (SEAL)
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ZC 05-10
Exhibit "ZC 05-10"
November 5, 2008
Seascape
L-C
R-1
OCEAN CREST AV
r •• ••.•i, •>.« •!• L.M ^p-c
EXISTING
PROPOSED
Related Case File No(s):
GPA 05-11/ LCPA 05-06/ CT OS-18/ PUD 05-14/ SDP 05-12/ CDP 05-37/ HDP 06-02/ HMP 07-09
Zoning Designation Changes
Property
A.
B.
215-040-09
215-040-11
From:
L-C
L-C
To:
R-1 /OS
R-1/OS