HomeMy WebLinkAbout2010-12-01; Planning Commission; Resolution 67361 PLANNING COMMISSION RESOLUTION NO. 6736
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM OPEN SPACE (OS)
4 AND COMMERCIAL/VISITOR-SERVING OVERLAY ZONE
TO CANNON ROAD- AGRICULTURAL/OPEN SPACE (CR-A/
OS) ZONE ON APPROXIMATELY 244 ACRES GENERALLY
6 LOCATED NORTH OF PALOMAR AIRPORT ROAD, ALONG
THE NORTH AND SOUTH SIDES OF CANNON ROAD, EAST
7 OF THE 1-5 FREEWAY AND WEST OF FARADAY AVENUE
IN LOCAL FACILITIES MANAGEMENT ZONE 13.
8 CASE NAME: PROP D - CANNON ROAD AGRICULTURAL
9 AND OPEN SPACE LANDS
CASE NO: ZC 09-06
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WHEREAS, the City of Carlsbad has filed a verified application for zoning
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and related land use document amendments necessary to implement Proposition D for the
13 Cannon Road Agriculture and Open Space Lands; and
14 WHEREAS, said application constitutes a request for a Zone Change as shown
15 on Exhibit "ZC 09-06" dated December 1, 2010, attached hereto and on file in the Planning
16 Department, PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS
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- ZC 09-06, as provided by Chapter 21.52 of the Carlsbad Municipal Code; and
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WHEREAS, the proposed Zone Change is set forth in the draft City Council
20 Ordinance, EXHIBIT "A" dated December 1, 2010, and attached hereto PROP D - CANNON
21 ROAD AGRICULTURAL AND OPEN SPACE LANDS - ZC 09-06; and
22 WHEREAS, the Planning Commission did on December 1, 2010, hold a duly
23 noticed public hearing as prescribed by law to consider said request; and
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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 factors26
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.
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B) That based on the evidence presented at the public hearing, the Commission
3 RECOMMENDS APPROVAL of PROP D - CANNON ROAD
AGRICULTURAL AND OPEN SPACE LANDS - ZC 09-06, based on the
following findings and subject to the following conditions:
Findings:
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1. That the proposed Zone Change from Open Space (OS) and Commercial/Visitor-
7 Serving Overlay Zone to Cannon Road Agricultural/Open Space (CR-A/OS) Zone is
consistent with the goals and policies of the various elements of the General Plan, in that
the zone change implements Policy and Action Plan C.7 of Special Planning
9 Considerations - Cannon Road Open Space, Farming and Public Use Corridor of
the Land Use Element of the General Plan.
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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
. ~ Element, in that the zone change is necessary to implement Prop D for the Cannon
Road Agriculture and Open Space Lands.
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3. That the Zone Change is consistent with the public convenience, necessity, and general
14 welfare, and is consistent with sound planning principles in that the zone change reflects
the recommendations contained in the Final Report on the Comprehensive Planning
5 and Community Engagement Process to Implement Proposition D for the Cannon
Road Agriculture and Open Space Lands, accepted by the City Council and dated
September 23, 2008.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, held on December 1, 2010, by the following vote, to wit:
20 AYES: Vice Chairperson L'Heureux, Commissioners Baker, Dominguez,
Montgomery, Nygaard and Schumacher
21 NOES:
22
ABSENT:
23
^^ Chairperson Douglas
25 5 ^^
STEPHEN "HAP" L'HEUREUX, Vice Chairperson
26 CARLSBAD PLANNING COMMISSION
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27 ATTEST:I A "v7V/L/v / (
DON NEU
Planning Director
PCRESONO. 6736 -2-
Exhibit "A"
December 1, 2010
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 09-06,
4 FROM THE OPEN SPACE ZONE (OS) TO THE CANNON
ROAD-AGRICULTURAL/OPEN SPACE ZONE (CR-A/OS) AND
5 DELETING THE COMMERCIAL/VISITOR-SERVING OVERLAY
ZONE ON APPROXIMATELY 244 ACRES GENERALLY
6 LOCATED NORTH OF PALOMAR AIRPORT ROAD, ALONG
THE NORTH AND SOUTH SIDES OF CANNON ROAD, EAST
7 OF THE I-5 FREEWAY AND WEST OF FARADAY AVENUE IN
LOCAL FACILITIES MANAGEMENT ZONE 13.
8 CASE NAME: PROP D - CANNON ROAD AGRICULTURAL
AND OPEN SPACE LANDS
9 CASE NO.: ZC 09-06
10 The City Council of the City of Carlsbad, California, does ordain as follows:
11 SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the
12 zoning map, is amended as shown on the map marked Exhibit "ZC 09-06," dated December 1,
13 2010 attached hereto and made a part thereof.
14 SECTION II: That the findings and conditions of the Planning Commission as set
15 forth in Planning Commission Resolution No. 6736 constitute the findings and conditions of the
16 City Council.
1' EFFECTIVE DATE: This ordinance shall be effective thirty days after its
1 x adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
1 9 published at least once in a publication of general circulation in the City of Carlsbad within
20 fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be
21 effective until approved by the California Coastal Commission.)
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1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
2 Council on the day of 2011, and thereafter.
3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
4 Carlsbad on the day of 2011, by the following vote, to wit:
5 AYES:
6 NOES:
7 ABSENT:
8 ABSTAIN:
9n
APPROVED AS TO FORM AND LEGALITY
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RONALD R. BALL, City Attorney
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13
MATT HALL, Mayor
15 ATTEST:
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17 LORRAINE M. WOOD, City Clerk
18 (SEAL)
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-2-
ZC 09-06
Exhibit "ZC 09-06"
December 1, 2010
Prop D - Cannon Road AG/OS Lands
Pacific
Ocean
| Commercial Visitor
Serving Overlay Zone
EXISTING
Agua Hedionda
. «» Lagoon
\\\ CR-A/OS
PROPOSED
Related Case File No(s): ZCA 09-02/LCPA 09-05/
SP 207(I)/SP 144(K)
Zoning Designation Changes
Property
A.
B.
C.
D.
E.
211-010-05
211-010-28
211-010-31
211-023-11
211-023-13
From:
OS with CV-S overlay
OS with CV-S overlay
OS with CV-S overlay
OS
OS
To:
CR-A/OS
CR-A/OS
CR-A/OS
CR-A/OS
CR-A/OS