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HomeMy WebLinkAbout2004-10-20; Planning Commission; Resolution 57581 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5758 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL-0.5 ACRE MINIMUM LOT SIZE-QUALIFIED DEVELOPMENT OVERLAY ZONE (R-1-0.5-Q) AND OPEN SPACE (OS) ON PROPERTY GENERALLY LOCATED EAST OF COLLEGE BOULEVARD AND SOUTH OF FUTURE CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 1 5. CASE NAME: HOLLY SPRINGS CASE NO.: ZC 00-09 WHEREAS, David M. Bentley, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Holly Springs, Ltd. “Owner,” described as Those portions of Lots “D” and “E” of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 823, filed in the Office of the County Recorder of San Diego, November 16, 1896 (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit “X” dated October 20, 2004, attached hereto and on file in the Planning Department, HOLLY SPRINGS - ZC 00-09 as provided by Chapter 2 1.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 20th day of October, 2004, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of HOLLY SPRINGS - ZC 00-09 based on the following findings: Findings: 1. That the proposed Zone Change from Limited Control (L-C) to One-Family Residential-0.5 acre minimum lot size-Qualified Development Overlay Zone (R-l- 0.5-Q) and Open Space (OS) is consistent with the goals and policies of the various elements of the General Plan, in that in that the proposed zones replace the L-C zone which is intended to be an interim zone designation, and the proposed R-1-0.5-Q and OS zone designations are consistent with the proposed Residential Low- Medium Density (FUM, 0-4 du/ac) and Open Space (OS) General Plan Land Use designations. 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 zoning designations shown on Exhibit “ZC 00-09” attached hereto, implements the General Plan Land Use Designations of RLM and OS. 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 residential and open space uses allowed by the proposed Zone Change are compatible with the future residential and open space uses and that the proposed Zone Change to OS is necessary to reflect the areas set aside as open space preserve as required by the City’s draft Habitat Management Plan. Conditions: 1. This approval is granted subject to the certification, adoption and approval of the Environmental Impact Report (EIR 02-02) and Mitigation Monitoring and Reporting Program, LFMP 15(C) and GPA 00-06 and is subject to all conditions contained in Planning Commission Resolutions No. 5749,5750 and 5757 for those other approvals incorporated herein by reference. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” 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 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. PC RES0 NO. 5758 -2- 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 You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 20th day of October 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: ,/FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5758 -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 Exhibit “X October 20,2004 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 00-09, FROM LIMITED CONTROL (L-C) TO ON E-FAM I LY RES1 DENTIAL-0.5 ACRE M I N I MUM LOT SIZE-QUALIFIED DEVELOPMENT OVERLAY ZONE (R-I - 0.5-Q) AND OPEN SPACE (OS) ON PROPERTY GENERALLY LOCATED EAST OF COLLEGE BOULEVARD AND SOUTH OF FUTURE CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: HOLLY SPRINGS CASE NO.: zc 00-09 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the zoning map, is amended as shown on the map marked Exhibit “ZC 00-09,” dated October 20, 2004, attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 5758 constitute the findings and conditions of the City Council. 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 published at least once in a newspaper of general circulation within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of , 2004, and thereafter Ill Ill Ill Ill Ill 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 PASSED AND ADOPTED at a regular meeting of said City Council held on the , 2004, by the following vote, to wit: day of AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- ZC 00-09 - Holly Springs Property From: A. 168-050-07,493’ L-C B. 168-050-06 L-C October 20,2004 To: R-I -0.5-Q & OS os PROPOSED I Related Case File No(s): EIR 02-021LFMP 15(C)/GPA 00-061CT 00-21/HDP 00-