HomeMy WebLinkAbout2009-03-18; Planning Commission; Resolution 65401 PLANNING COMMISSION RESOLUTION NO. 6540
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM R-l-10,000 TO R-l-
4 7,500 ON A PORTION OF A 1.06 ACRE PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF
HIGHLAND DRIVE, WEST SIDE OF JAMES DRIVE, AND
6 SOUTH OF TAMARACK AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
7 CASE NAME: HIGHLAND JAMES SUBDIVISION
CASE NO: ZC 08-018
o WHEREAS, Robert Ladwig, "Developer," has filed a verified application with
10 the City of Carlsbad regarding property owned by George Kenneth Alameda, "Owner,"
11 described as
12 All That Portion of the Northwesterly 256.7 Feet of That
13 Portion of Tract Two Hundred Forty-Seven (247) of Thum
Lands, in the County of San Diego, State of California,
14 According to Map Thereof No. 1681, Filed in the Office of the
County Recorder of San Diego County, December 9,1915,
16 ("the Property"); and
17 WHEREAS, said application constitutes a request for a Zone Change as shown on
18 Exhibit "ZC 08-01" dated March 18, 2009, attached hereto and on file in the Planning
19 Department, HIGHLAND JAMES SUBDIVISION - ZC 08-01, as provided by Chapter 21.52
20 of the Carlsbad Municipal Code; and
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WHEREAS, the proposed Zone Change - ZC 08-01 is set forth and attached in
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the draft City Council Ordinance, Exhibit "X" dated, March 18, 2009, and attached hereto as
24 HIGHLAND JAMES SUBDIVISION- ZC 08-01; and
25 WHEREAS, the Planning Commission did on March 18, 2009, hold a duly
2" noticed public hearing as prescribed by law to consider said request; and
27 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
relating to the Zone Change.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission as follows:
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A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of HIGHLAND JAMES SUBDIVISION -
5 ZC 08-01, based on the following findings and subject to the following
conditions:
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Findings:
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9 1. That the proposed Zone Change from R-l-10,000 to R-l-7,500 is consistent with the
goals and policies of the various elements of the General Plan, in that the proposed R-l-
10 7,500 zone implements the existing RLM General Plan designation. The proposed
zone change for the western 90 feet of the three proposed lots that front on James
11 Drive will create consistency with the other adjacent lots within this block of James
Drive that are zoned R-l-7,500. The Zone Change will also bring the City's Zoning
Map into conformance with the LCP zoning map.
13 2. That the Zone Change will provide consistency between the General Plan and Zoning as
14 mandated by California State law and the City of Carlsbad General Plan Land Use
Element, in that the proposed R-l-7,500 zone implements the existing RLM General
• 5 Plan designation.
3. That the Zone Change is consistent with the public convenience, necessity, and general
\1 welfare, and is consistent with sound planning principles in that the three proposed
7,500 square foot single-family lots along James Drive are compatible in lot area
18 with other adjacent lots within this block of James Drive and will enable the
development of other similar sized single-family residences.
2Q 4. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
21 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.
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Conditions:
24 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
25 implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
2° future building permits; deny, revoke, or further condition all certificates of occupancy
?7 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
28 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.
PC RESO NO. 6540 -2-
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.
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- 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
13 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
,,- 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 CT 08-06, CDP 08-17, and HDP 08-
18 03 and is subject to all conditions contained in Planning Commission Resolutions No.
6541, 6542, and 6543 for those other approvals incorporated herein by reference.
20 NOTICE
21 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."
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
24 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.
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
28 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
PC RESO NO. 6540 -3-
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
2 expired.
3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on March 18, 2009, by the following vote, to wit:
AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas,
5 Whitton, and Chairperson Montgomery
7 NOES:
8 ABSENT:
9 ABSTAIN:
10 "
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12 MARTEEE B. MONTGOMERY, Offlfrperson
! 3 CARLSBAD PLANNING COMMISSION
14 „ATTEST:
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DON NEU
18 Planning Director
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PC RESO NO. 6540 -4-
ZC 08-01
Exhibit "ZC 08-01"
March 18, 2009
Highland-James Subdivision
EXISTING
PROPOSED
Related Case File No(s):
CT 08-06/CDP 08-17/HDP 08-03
Zoning Designation Changes
A.
B.
Property
207-130-73
From:
R-1-10000/R-1
To:
R-1-10000/R-1-7500
1 Exhibit "X" dated
2 March 18, 2009
ORDINANCE NO.
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF
5 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO
THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 08-01, ON
6 A PORTION OF A 1.06 ACRE PROPERTY FROM SINGLE-
FAMILY RESIDENTIAL (R-1-10,000) TO SINGLE FAMILY
7 RESIDENTIAL (R-1-7,500), ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF HIGHLAND DRIVE, WEST
8 SIDE OF JAMES DRIVE, AND SOUTH OF TAMARACK AVENUE
IN LOCAL FACILITIES MANAGEMENT ZONE 1.
9 CASE NAME: HIGHLAND JAMES SUBDIVISION
CASE NO.: ZC 08-01
WHEREAS, the City Council did on the day of , hold a duly
12 noticed public hearing as prescribed by law to consider said request; and
13 WHEREAS, said application constitutes a request for a Zone Change as shown
14 on Exhibit "ZC 08-01 - HIGHLAND JAMES SUBDIVISION," dated March 18, 2009, attached
15 hereto and made a part hereof; and
16 WHEREAS at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said City Council considered all
18 factors relating to the ZC 08-01 - HIGHLAND JAMES SUBDIVISION.
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NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
20 follows:
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SECTION I: That section 21.50.030 of the Carlsbad Municipal Code, being the
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zoning map, is amended as shown on the map marked "ZC 08-01 - HIGHLAND JAMES
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SUBDIVISION," dated March 18, 2009, attached hereto and made a part hereof.
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SECTION II: That the findings and conditions of the Planning Commission in
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Planning Commission Resolution No. 6540 shall also constitute the findings and conditions of26
27 the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation the City of Carlsbad within fifteen
2 days after its adoption.
3 INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City
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Council on the day of , 2009, and thereafter.
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6 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
7 of the City of Carlsbad, California, held on the day of , 2009, by the
following vote, to wit:
9 AYES:
10 NOES:
1l ABSENT:
12 ABSTAIN:
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APPROVED AS TO FORM AND LEGALITY
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17 RONALD R. BALL, City Attorney
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20 CLAUDE A. LEWIS, Mayor
21 ATTEST:
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24 LORRAINE M. WOOD, City Clerk
25 (SEAL)
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