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HomeMy WebLinkAbout2011-07-06; Planning Commission; Resolution 67851 PLANNING COMMISSION RESOLUTION NO. 6785 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE TO APPROVE A ZONE 4 DESIGNATION OF "ARTERIAL ROADWAY" ON 0.696 ACRE , OF ANNEXED RIGHT-OF-WAY GENERALLY LOCATED ON THE EAST SIDE OF RANCHO SANTA FE (RSF) ROAD, 6 SOUTH OF THE INTERSECTION OF RSF AND MELROSE DRIVE, AND NORTH OF LA COSTA MEADOWS DRIVE IN 7 LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: RSF BOUNDARY ADJUSTMENT 8 CASE NO: ZC 11-02 9 WHEREAS, the City of Carlsbad has filed a verified application for zoning and 10 related land use documents to implement the 2003 agreement between the Cities of Carlsbad and San Marcos (City Council Resolution No. 2003-305) regarding, in part, the construction of a 13 segment of RSF Road and the adjustment of the jurisdictional boundary between the two cities 14 through the San Diego County Local Agency Formation Commission (LAFCO) upon 15 completion of roadway improvements; and WHEREAS, the City of Carlsbad supports the City of San Marcos in submitting 17 an application to LAFCO to process the boundary adjustment; and 18 WHEREAS, the City of San Marcos is in agreement with the proposed Zone 20 Change in order to allow a boundary adjustment between the cities of San Marcos and Carlsbad 21 as agreed upon between the two cities that resulted from the realignment of this section of RSF 22 Road, and 23 WHEREAS, the Zone Change implements the terms of the agreed upon boundary 24 adjustment between the two cities by appropriately zoning land to be annexed to the City of 25 Carlsbad; and26 27 WHEREAS, said application constitutes a request for a Zone Change as shown 28 on Exhibit "ZC 11-02" dated JULY 6, 2011, attached hereto and on file in the Planning 1 Department, RSF BOUNDARY ADJUSTMENT - ZC 11-02, as provided by Chapter 21.52 2 of the Carlsbad Municipal Code; and 3 WHEREAS, the proposed Zone Change is set forth in the draft City Council 4 Ordinance, EXHIBIT "B" dated July 6, 2011, and attached hereto RSF BOUNDARY 6 ADJUSTMENT - ZC 11-02 and affects property legally described as "Parcel C" in Exhibit 7 "A" to Planning Commission Resolution 6786; said resolution is incorporated herein by o reference; and 9 WHEREAS, the Planning Commission did on July 6, 2011, hold a duly noticed 10 public hearing as prescribed by law to consider said request; and 11 WHEREAS, at said public hearing, upon hearing and considering all testimony 1 3 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 14 relating to the Zone Change. 15 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 17 A) That the foregoing recitations are true and correct. 18 B) That based on the evidence presented at the public hearing, the Commission 19 RECOMMENDS APPROVAL of RSF BOUNDARY ADJUSTMENT - ZC 2Q 11-02, based on the following findings and subject to the following conditions: 21 Findings: 22 1. That the proposed Zone Change to Arterial Roadway is consistent with the goals ~~ and policies of the various elements of the General Plan, in that the Zone Change is for land that is within the public right-of-way on a Prime Arterial Circulation 24 Element roadway. 25 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 26 Land Use Element. 27 3. The Zone Change is necessary to implement the boundary adjustment agreement 28 (Resolution No. 2003-305) between the cities of San Marcos and Carlsbad and to be consistent with the Cortese/Knox/Hertzberg Local Government Reorganization Act PC RESO NO. 6785 -2- of 2000, Division 3, commencing with Section 56000 of the California Government 2 Code; which requires the city to prezone (for two years) the annexation of property. 3 4. That the Zone Change is consistent with the public convenience, necessity, and general welfare, and is consistent with sound planning principles in that the property proposed for a designation of Arterial Roadway is within the public right- _ of-way on a Circulation Element roadway designated as Prime Arterial. 5 Conditions: 7 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 ° 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 future building permits; deny, revoke, or further condition all certificates of occupancy 10 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 1 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. 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 14 consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 17 regulations in effect at the time of building permit issuance. 18 4. If any condition for construction of any public improvements or facilities, or the payment 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 20 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 21 with all requirements of law. 22 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 24 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 25 approval or issuance of any permit or action, whether discretionary or nondiscretionary, 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 27 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 28 been concluded and continues even if the City's approval is not validated. PC RESO NO. 6785 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. This approval is granted subject to the finding by the City Council that and approved by the City of San Marcos (ND 10-807) is adequate Planning Commission Resolution No. 6783, and the approval of GPA the ND prepared as described in 11-03 and ANX 11-01/DTCH 11-01 and is subject to all conditions contained in Planning Commission Resolutions No. 6783, 6784 and 6786 for those other approvals incorporated herein by reference. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on July 6, 2011, by the following vote, to wit: AYES: Chairperson L'Heureux, Commissioners Arnold, Schumacher, Scully and Siekmann NOES: ABSENT: ABSTAIN: /^=^v 4^~~-^^^W^y5_B_s,!I^-as * STEPflErr5fep" L'HEtJREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ~ Xfevx / (GAA DON NEU Planning Director PC RESO NO. 6785 -4- Black, Nygaard, Exhibit "B" July6, 2011 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.050.030 3 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 11-02, 4 OF ARTERIAL ROADWAY ON A 0.696 ACRE OF ANNEXED ROAD RIGHT-OF-WAY GENERALLY LOCATED ON THE EAST 5 SIDE OF RANCHO SANTA FE (RSF) ROAD, SOUTH OF THE INTERSECTION OF RSF AND MELROSE DRIVE, AND NORTH 6 OF LA COSTA MEADOWS DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 11. 7 CASE NAME: RSF BOUNDARY ADJUSTMENT CASE NO.: ZC11-02 8 WHEREAS, the City Council did on the day of 2011, hold a duly 9 noticed publid hearing as prescribed by law to consider said request; and 10 WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit "ZC 11-02 - RSF BOUNDARY ADJUSTMENT", dated July 6, 2011, attached hereto and made a part hereof and as legally described as Parcel "C" in Exhibit "A" to Planning Commission Resolution 6786; said resolution is incorporated herein by reference; and14 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 all16 factors relating to the ZC 11 -02 - RSF BOUNDARY ADJUSTMENT. NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: 1 Q• SECTION I: That Section 21.050.03 of the Carlsbad Municipal Code, being the 20 zoning map, is amended as shown on the map marked Exhibit "ZC 11-02," dated July 6, 2011 21 attached hereto and made a part thereof. 22 SECTION II: That the findings and conditions of the Planning Commission as set 23 forth in Planning Commission Resolution No. 6785 constitute the findings and conditions of the 24 City Council. 25 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 27 published at least once in a publication of general circulation in the City of Carlsbad within 28 fifteen days after its adoption. 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: ABSTAIN: 9 10 M APPROVED AS TO FORM AND LEGALITY 11 12 RONALD R. BALL, City Attorney13 14 MATT HALL, Mayor 16 ATTEST: 17 18 LORRAINE M. WOOD, City Clerk 19 (SEAL) 20 21 22 23 24 25 26 27 28 -2- Exhibit "ZC 11-02" July6, 2011 ZC11-02 RSF Boundary Adjustment 181 10', \> COSTA MEADOWS DR Annex to Carlsbad Detach to San Marcos EXISTING Proposed Boundary Annex to Carlsbad Detach to San Marcos PROPOSED Related Case File No(s): GPA 11-03 / ANX 11-02 / DTCH 11-01 Zoning Designation Changes** Property A. B. C. Right-of-way From: Right-of-way (Currently in San Marcos) To: Arterial Roadway ' Applies to property to be annexed only.