HomeMy WebLinkAbout2011-07-06; Planning Commission; Resolution 67851 PLANNING COMMISSION RESOLUTION NO. 6785
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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
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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
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an application to LAFCO to process the boundary adjustment; and
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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
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adjustment between the two cities by appropriately zoning land to be annexed to the City of
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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
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WHEREAS, the proposed Zone Change is set forth in the draft City Council
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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
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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
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:
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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
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-
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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:
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4^~~-^^^W^y5_B_s,!I^-as *
STEPflErr5fep" L'HEtJREUX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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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
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WHEREAS, the City Council did on the day of 2011, hold a duly
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noticed publid hearing as prescribed by law to consider said request; and
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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:
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AYES:
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NOES:
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ABSENT:
ABSTAIN:
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APPROVED AS TO FORM AND LEGALITY
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RONALD R. BALL, City Attorney13
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MATT HALL, Mayor
16 ATTEST:
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18 LORRAINE M. WOOD, City Clerk
19 (SEAL)
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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.