HomeMy WebLinkAbout2004-03-02; City Council; Resolution 2004-072RESOLUTION NO. 2004-072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A ZONE
CHANGE FROM ONE FAMILY RESIDENTIAL (R-1-30,000)
TO R-1-30,000 AND OPEN SPACE (OS) ON PROPERTY
GENERALLY LOCATED NORTH OF FARADAY AVENUE
AT THE SOUTHERN TERMINUS OF TWAIN AVENUE IN
LOCAL FACILITIES MANAGEMENT ZONE 8.
CASE NAME: KlRGlS TENTATIVE MAP
CASE NO: ZC 03-01
WHEREAS, Pergola, Inc., “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Kirgis 1996 Trust, “Owner,” described
as
All that portion of Lot ‘IF” of Rancho Agua Hedionda, in the
County of San Diego, State of California, as shown on
Partition Map thereof No. 823, filed in the Office of the
County Recorder of San Diego County, on November 16,
1896
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as
shown on Exhibits “ZC 03-01” dated September 3, 2003, attached hereto and on file in
the Planning Department, KIRGIS TENTATIVE MAP ZC 03-01 as provided by Chapter
21 52 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 3rd day of September
2003, on the 17th day of September 2003, and on the 5th day of November 2003 hold
duly noticed public hearings as prescribed by law to consider said request; and
WHEREAS, at said public hearings, 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; and
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WHEREAS, the City Council of the City of Carlsbad, did on the 3rd day of
February, 2004, hold a public hearing to consider the recommendations and heard all
persons interested in or opposed to GPA 03-011ZC 03-01/LCPA 03-011CT 02-06/PUD
02-02/CDP 02-05/HDP 02-01,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council as
follows:
A. That the foregoing recitations are true and correct.
B. That based on the evidence presented at the public hearing, ZC 03-
01 is approved based on the following findings and subject to the following conditions:
Findings:
I. That the proposed Zone Change from R-1-30,000 to R-1-30,000 and OS is
consistent with the goals and policies of the various elements of the General Plan, in
that the zone change will establish an open space area for conservation.
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 will implement the land use designations of
the General Plan.
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 zone
change reflects the use of the property as an open space conservation area.
Conditions:
1. Zone Change ZC 03-01 is subject to the approval of GPA 03-01 and LCPA
03-01.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for
conve n ie n ce as “fees/exact io n s . ”
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
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Resolution No. 2004-072 page 2
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 feeslexactions 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 City
Council of the City of Carlsbad, held on the 2nd day of March 1
2004 by the following vote, to wit:
AYES:Council Members Lewis, Finnila, Kulchin, Hall and Packard
&&bm
LORRAINE M. WOOD, City Clerk
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Resolution No. 2004-072 page 3
PROPERTY 2ONE CHANGE
PROPOSED
02-05fHDP 02-01
All that prtbn of Lot "F of Rancho Agm Hsdio*, in the County of SaEn Diego, State of C&!Efwnia, a53 shown an Partition Mep thereof No. 823, fled in tho Office ol ths
County Recardw oi San Biago County, M Nrmembrw 16,
189fj.
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