HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 6604PLANNING COMMISSION RESOLUTION NO. 6604
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
3 APPROVAL OF A ZONE CHANGE FROM LIMITED
CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-l) ON
4 PROPERTY GENERALLY LOCATED AT THE NORTHEAST
, END OF CAMINO HILLS DRIVE ALONG THE WEST SIDE
OF EL CAMINO REAL IN LOCAL FACILITIES
6 MANAGEMENT ZONE 24.
CASE NAME: TABATA 10
7 CASE NO: ZC 06-03
8 WHEREAS, the Tabata Family, "Developer/Owner," has filed a verified
9 application with the City of Carlsbad regarding property described as
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Parcels 1 & 2 of Parcel Map 2481 (County TM9612-1), in the
11 City of Carlsbad, County of San Diego, State of California Rec.
1? March 21, 1974 in the Office of the County Recorder of said
San Diego County
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("the Property"); and
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WHEREAS, said application constitutes a request for a Zone Change as shown on
16 Exhibit "ZC 06-03" dated July 15, 2009, attached hereto and on file in the Planning
17 Department, TABATA 10 - ZC 06-03, as provided by Chapter 21.52 of the Carlsbad Municipal
18 Code; and
19 WHEREAS, the proposed Zone Change - ZC 06-03 is set forth and attached in
20 the draft City Council Ordinance, Exhibit "X" dated, July 15, 2009, and attached hereto as
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TABATA 10 - ZC 06-03; and
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23 WHEREAS, the Planning Commission did on 15th day of July, 2009, hold a duly
24 noticed public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
*}£\ZD and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
27 relating to the Zone Change.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 RECOMMENDS APPROVAL of TABATA 10 - ZC 06-03 based on the
following findings and subject to the following conditions:
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<- Findings;
5 1. That the proposed Zone Change from L-C to R-l is consistent with the goals and policies
of the various elements of the General Plan, in that the proposed R-l zone implements
7 the existing and proposed RLM General Plan designation and is compatible with
the surrounding properties that are zoned R-l and RMHP.8
o 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
10 Element, in that the proposed R-l zone implements the existing and proposed RLM
General Plan designation.
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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 single-family
13 residential use allowed by the proposed zone change is compatible with the adjacent
properties that are similarly zoned R-l and RMHP and developed with single-
14 family residences and single-family mobile home uses.
15 4. The Planning Commission has reviewed each of the exactions imposed on the Developer
, fi 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
17 degree of the exaction is in rough proportionality to the impact caused by the project.
18 Conditions;
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
2Q 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
21 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
22 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
24 or a successor in interest by the City's approval of this Zone Change.
25 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
2" consistent and in conformity with the final action on the project. Development shall
27 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.
PC RESO NO. 6604 -2-
4. If any condition for construction of any public improvements or facilities, or the payment
2 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
3 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.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
5 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages., demands, claims
7 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,
n 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
10 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.
12 6. This approval is granted subject to the approval of the Mitigated Negative Declaration
13 and Mitigation Monitoring and Reporting Program and GPA 06-04 and LCPA 06-
02 and is subject to all conditions contained in Planning Commission Resolutions No.
14 6601, 6602 and 6603 for those other approvals incorporated herein by reference.
15 NOTICE
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Please take NOTICE that approval of your project includes the "imposition" of fees,
17 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
20 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.
23 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,
24 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.
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PC RESO NO. 6604 -3-
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, held on July 15, 2008, by the following vote, to wit:
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AYES: Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux,
Nygaard, and Chairperson Montgomery
5 NOES:
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ABSENT:
7
ABSTAIN:8
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11 MARTELL B. MONT(^MERY,^irperson
CARLSBAD PLANNING COMMISSION
13 ATTEST:
14"
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16 DONNEU
17 Planning Director
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PC RESO NO. 6604 -4-
Exhibit "X"
July 15, 2009
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)
ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST
5 END OF CAMINO HILLS DRIVE ALONG THE WEST SIDE OF EL
CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE
6 24.
CASE NAME: TABATA10
7 CASE NO.: ZC 06-03
8 The City Council of the City of Carlsbad, California, does ordain as follows:
9 WHEREAS, the City Council did on the day of , hold a duly
10 noticed public hearing as prescribed by law to consider said request; and
11 WHEREAS, said application constitutes a request for a Zone Change as shown
12 on Exhibit "ZC 06-03 - TABATA 10," dated July 15, 2009, attached hereto and made a part
hereof; and
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
16 factors relating to the ZC 06-03 - TABATA 10.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
18 follows:
SECTION I: That section 21.50.030 of the Carlsbad Municipal Code, being the
20 zoning map, is amended as shown on the map marked "ZC 06-03 - TABATA 10," dated July
21 15, 2009, attached hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission in
23 Planning Commission Resolution No. 6604 shall also constitute the findings and conditions of
24 the City Council.
25 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty
o f\
days after its adoption, but not until Local Coastal Program Amendment LCPA 06-02 is
27 approved by the California Coastal Commission, and the City Clerk shall certify to the adoption
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Exhibit "X"
July 15, 2009
1 of this ordinance and cause it to be published at least once in a publication of general circulation
2 in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this
3 ordinance shall not be effective within the City's Coastal Zone until approved by the California
4 Coastal Commission.)
5 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
6 Council on the day of 2009, and thereafter.
7 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
8 Carlsbad on the day of 2009, by the following vote, to wit:
9 AYES:
10 NOES:
11 ABSENT:
12 ABSTAIN:
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14 APPROVED AS TO FORM AND LEGALITY
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16 RONALD R. BALL, City Attorney
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CLAUDE A. LEWIS, Mayor
20 ATTEST:
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22 LORRAINE M. WOOD, City Clerk
23 (SEAL)
24N
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ZC 06-03 Tabata 10
7/15/09
EXISTING
PROPOSED
Related Case File No(s): GPA 06-04/ LCPA 06-02/ CT 06-13/ SUP 06-08/ CDP 06-19/ HDP 07-03
Zoning Designation Changes
Property
A.
B.
C.
D.
E.
F.
G.
212-050-33
212-050-32
From:
L-C
L-C
To:
R-1
R-1