HomeMy WebLinkAbout2001-10-17; Planning Commission; Resolution 50271
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. 5027
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE ON PROPERTY
GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD BETWEEN MELROSE DRIVE AND BUSINESS PARK
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 18.
CASE NAME: CARLSBAD RACEWAY BUSINESS PARK
CASE NO: zc 01-07
WHEREAS, Raceway Partners, LLC., “Developer”/“Owner,” has filed a
verified application with the City of Carlsbad regarding property described as
Parcel 1: The southeast quarter of the northwest quarter of Section 18, Township
12 South, Range 3 west, San Bernardino Meridian, in the City of Carlsbad, County
of San Diego, State of California, according to the official plat thereof, excepting
therefrom one-half of all minerals in, on or under said land as reserved by Burton
D. Hightower, a widower, in deed recorded May 19,1959, in Book 7669, Page 361 of
official records.
Parcel 2: The southwest quarter of the northwest quarter (Lot 2) of Section 18,
Township 12 South, Range 3 West, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, State of California, according to the official plat
thereof, excepting therefrom one-half of all minerals in, on or under said land as
reserved by Burton D Hightower, a widower, in deed recorded May 19, 1959 in
Book 7669, Page 361, of official records.
Parcel 3A: Lot 2, Section 13, Township 12 South, Range 4 West, San Bernardino
Meridian, in the City of Carlsbad, County of San Diego, State of California,
according to the official plat thereof.
Parcel 3B: An easement for public road and utility purposes over, under, along and
across the following described real property, in the City of Carlsbad, County of San
Diego, State of California, particularly described as follows:
Those portions of Lot 3 in Section 13, Township 12 South, Range 4 West and of Lot
3 in Section 18, Township 12 South, Range 3 West, San Bernardino Meridian, in the
County of San Diego, State of California, lying within a strip of land 60 feet wide, 30
feet wide on each side of the center line.
Parcel 4: The southwest quarter of the northeast quarter of Section 18, Township
12 South, Range 3 West, San Bernardino Base an Meridian, in the City of Carlsbad,
County of San Diego, State of California, according to the official plat thereof, excepting therefrom one-half of all mineral in, on or under said land as reserved by
Burton D Hightower, a widower, in deed recorded May 19,1959, in Book 7669, Page
361 of official records.
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
~ (“the Property”); and
~ WHEREAS, said application constitutes a request for a Zone Change as shown on
~ Exhibits %CA 01-07” dated August 15, 2001, on file in the Planning Department,
CARLSBAD RACEWAY BUSINESS PARR - ZC 01-07 as provided by Chapter 21.52 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of August, 2001, on
the 3rd day of October 2001, and on the 17th day of October 2001 hold a duly noticed public
hearing as prescribed by law to consider said request;
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; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
4 That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CARLSBAD RACEWAY BUSINESS
PARR - ZC 01-07 based on the following findings:
Findings:
1. That the proposed Zone Change from P-M to O-S for land dedicated as an open space
easement within Lots 26, 27, and 28 is consistent with the goals and policies of the
Open Space element of the General Plan, in that the General Plan designates the land
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 Zone Change will rezone property redesignated as General Plan
Open Space to be zoned O-S.
3. That the Zone Change is consistent with the public convenience, necessity and general
welfare, and is consistent with sound planning principles in that it ensures the
protection of sensitive resources that will create a connection between core habitat
preserve areas through preservation of a portion of Linkage Area D consistent with the City’s draft HMP.
PC RESO NO. 5027 -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
Conditions:
1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, GPA 98-05,
LFMP 87-18(B), CT 98-10, HDP 98-09, and PIP 01-01 and is subject to all conditions
contained in Planning Commission Resolutions 5024, 5025, 5026, 5028, 5029, and
5030 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/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.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
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.
. . .
. . .
..a
. . .
. . .
. . .
. . .
. . .
PC RESO NO. 5027 -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 October, 2001, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez,
Heineman, Nielsen, and Trigas
NOES:
ABSENT:
ABSTAIN:
3
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 5027 -4-
PROPERTY ZONE CHANGE zc: 01-07
draft [x1 final 0
PrOJeCt Name: CarlSbad Kaceway BUSlnaSS Park 1 Related Case File No(s):
Legal Description(s): GPA 98-OULFMP 87-18(B)/CT 98-1 OlHDP 98-091PIP Parcel 1: The southeast quarter of the northwest quarter 01-01 of Section 18, Township 12 South, Range 3 west, San Bernardino Meridian, in the City of Carlsbad, County of
San Diego, State of California, according to the official
plat thereof, excepting therefrom one-half of all minerals in, on or under said land as reserved by Burton D.
Hightower, a widower, in deed recorded May 19, 1959, in
Book 7669, Page 361 of official records.
Parcel 2: The southwest quarter of the northwest quarter
(Lot 2) of Section 18, Township 12 South, Range 3 West, San Bernardino Meridian, in the City of Carlsbad, County
of San Diego, State of California, according to the official
plat thereof, excepting therefrom one-half of all minerals
in. on or under said land as reserved bv Burton D
Hightower, a widower, in deed recorded May 19,1959 in
Book 7669, Page 361, of official records. I
Parcel 3A: Lot 2, Section 13, Township 12 South, Range
4 West, San Bernardino Meridian, in the City of Carlsbad,
County of San Diego, State of California, according to the official plat thereof.
Parcel 38: An easement for public road and utility
purposes over, under, along and across the following
described real property , in the City of Carlsbad, County of San Diego, State of California, particularly described as
follows:
Those portions of Lot 3 in Section 13, Township 12
South, Range 4 West and of Lot 3 in Section 18,
Township 12 South, Range 3 West, San Bernardino Meridian, in the County of San Diego, State of California,
lying within a strip of land 60 feet wide, 30 feet wide on each side of the center line.
Parcel 4: The southwest quarter of the northeast quarter of Section 18, Township 12 South, Range 3 West, San
Bernardino Base an Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the
official plat thereof, excepting therefrom one-half of all
mineral in, on or under said land as reserved by Burton D
Hightower, a widower, in deed recorded May 19, 199, in
Book 7669, Page 361 of official records. .
Zone Change
Property: From: To:
221-011-03 221-011-04
221-011-05
221-010-22 P-M P-M, O-S
Attach additional pages if necessary
Approvals
Council Approval Date:
Ordinance No:
EXISTING
PROPOSED
P-M
P-M, OS
CARLSBAD RACEWAY
BUSINESS PARK zc 01-07