HomeMy WebLinkAbout2005-08-17; Planning Commission; Resolution 59531
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
PLANNING COMMISSION RESOLUTION NO. 5953
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
10,000 AND OPEN SPACE ON PROPERTY GENEWLY
LOCATED SOUTHEAST OF RANCHO SANTA FE ROAD
ALONG THE CITY’S EASTERN BOUNDARY IN LOCAL
FACILITIES MANAGEMENT ZONE 1 1.
CASE NAME: SHELLEY PROPERTY
APPROVAL OF A ZONE CHANGE FROM R- 1-40,000 TO R- 1 -
CASE NO: ZC 03-09
WHEREAS, Fair Oaks Valley, LLC, “Developer/CSwner,” has filed a verified
application with the City of Carlsbad regarding property described as
That portion of the east half of Lot 6 of Rancho Las Encinitas,
in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 848, filed in the
Office of the County Recorder of San Diego County, June 27,
1898. (APN 223-061-01-00 and 223-061-02-00)
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibits “ZC 03-09” dated August 17, 2005, attached hereto and on file in the Planning
Department, SHELLEY PROPERTY - ZC 03-09, as provided by Chapter 21.52 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of August, 2005, 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:
A) That the foregoing recitations are true and correct.
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
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of SHELLEY PROPERTY - ZC 03-09, based
on the following findings:
Findings:
1. That the proposed Zone Change from R-1-40,000 to R-1-10,000 and 0-S is consistent
with the goals and policies of the various elements of the General Plan, in that the zone
change to R-10,000 is applicable to and consistent with the reduced acreage
designated for Residential Low-Medium density development, and the zone change
to 0-S is applicable to the HMP habitat preserve area designated as Open Space.
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 R-1-10,000 and 0-S Zones are intended to implement the RLM
and OS General Plan land use designations.
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 proposed zone
changes will enable implementation of the City’s Habitat Management Plan through
the transfer of density to the developable area of the parcel.
4. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
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
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
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.
2. 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
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
regulations in effect at the time of building permit issuance.
PC RES0 NO. 5953 -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
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 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 with
all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnifl, 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
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, fiom (a) City’s approval and issuance of this Zone Change, (b) City’s
approval or issuance of any permit or action, whether discretionary or non-discretionary ,
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
liabilities arising fiom the emission by the facility of electromagnetic fields or other
energy waves or emissions. This obligation survives until all legal proceedings have been
concluded and continues even if the City’s approval is not validated.
6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 03-11, CT 02-17, HDP 02-
08 and HMPP 05-04 and is subject to all conditions contained in Planning Commission
Resolutions No. 5951,5952,5954,5955 and 5956 for those other approvals.
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/exac tions . ”
You have 90 days fiom date of final approval to protest imposition of these feedexactions. 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.
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 feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
...
PC RES0 NO. 5953 -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
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 17th day of August 2005, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Dominguez, Heineman,
Montgomery, and Whitton
NOES:
ABSENT: Commissioner Cardosa
ABSTAIN:
3 JEFFRE N. SEGALL, hairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
n
DON NEU
Assistant Planning Director
PC RES0 NO. 5953 -4-
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 “ZC 03-09”
August 17,2005
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 03-09,
FROM RESIDENTIAL SINGLE-FAMILY, 40,000 SQUARE FOOT
LOT SIZE MINIMUM, TO RESIDENTIAL SINGLE-FAMILY,
10,000 SQUARE FOOT LOT SIZE MINIMUM AND OPEN SPACE
ON PROPERTY GENERALLY LOCATED SOUTHEAST OF
RANCHO SANTA FE ROAD ALONG THE CITY’S EASTERN
BOUNDARY IN LOCAL FACILITIES MANAGEMENT ZONE 11.
CASE NAME: SHELLEY PROPERTY
CASE NO.: ZC 03-09
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 03-09,” dated August 17,
2005 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. 5953 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 ,2005, and thereafter.
Ill
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
, 2005, by the following vote, to wit: day of
AYES:
NOES:
ABSENT:
ABSTAl N:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
-2-
ZC 03-09 Shelley Property
Auaust 17.2005
Property
A. 223-061 -01 -00
B. 223-061-02-00
C.
EXISTING
From: To:
R-I -40,000
R-1-40,000
R-I- 10,000 / OS
R-I - I0,OOO I OS
PROPOSED