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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 10 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 13 ("the Property"); and 14 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 21 TABATA 10 - ZC 06-03; and 22 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. 28 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: 4 <- 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. 11 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. 28 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 16 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." 1 o 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. 27 28 PC RESO NO. 6604 -3- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, held on July 15, 2008, by the following vote, to wit: 3 AYES: Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery 5 NOES: 6 ABSENT: 7 ABSTAIN:8 9 10 11 MARTELL B. MONT(^MERY,^irperson CARLSBAD PLANNING COMMISSION 13 ATTEST: 14" 15 16 DONNEU 17 Planning Director 18 19 20 21 22 23 24 25 26 27 28 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 28 -1- 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: 13 14 APPROVED AS TO FORM AND LEGALITY 15 16 RONALD R. BALL, City Attorney 37 18 CLAUDE A. LEWIS, Mayor 20 ATTEST: 21 22 LORRAINE M. WOOD, City Clerk 23 (SEAL) 24N 25 26 27 28 -2- 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