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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 10 WHEREAS, the City of Carlsbad has filed a verified application for zoning 11 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 17 - ZC 09-06, as provided by Chapter 21.52 of the Carlsbad Municipal Code; and 18 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 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 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. 2 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: 6 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. 10 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. 13 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. 17 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 18 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 28 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.) 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 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 10 11 RONALD R. BALL, City Attorney 12 13 MATT HALL, Mayor 15 ATTEST: 16 17 LORRAINE M. WOOD, City Clerk 18 (SEAL) 19 20 21 22 23 24 25 26 27 28 -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