HomeMy WebLinkAbout2001-10-17; Planning Commission; Resolution 50331
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PLANNING COMMISSION RESOLUTION NO. 5033
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: PALOMAR FORUM
CASE NO: ZC 01-06
WHEREAS, Davis Partners, LLC, “Developer”, has filed a verified application
with the City of Carlsbad regarding property owned by Palomar Forum Associates, LP,
“Owner”, described as
Portions of Sections 13 and 18, Township 12 South, Range 4
West, San Bernardino Meridian, and all that portion 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 plat thereof.
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit “ZC 01-06” dated August 15, 2001, on file in the Planning Department and attached
hereto, PALOMAR FORUM - ZC 01-06 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:
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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 PALOMAR FORUM - ZC 01-06, based on
the following findings:
Findinps:
1. That the proposed Zone Change from P-M to O-S for land dedicated as an open space
easement within Lots 11 and 12 is consistent with the goals and policies of the Open
Space element of the General Plan, in that General Plan Open Space is rezoned to
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 Open Space (O-S) Zone is consistent with the General Plan Open
Space (OS) General Plan designation.
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.
Conditions:
1. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, and Addendum GPA 01-07,
CT 99-06, HDP 99-03, and PIP 01-03 and is subject to all conditions contained in
Planning Commission Resolutions 5031, 5032, 5034, 5035, and 5036 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
PC RESO NO. 5033 -2-
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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 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:
ATTEST:
Planning Director
PC RESO NO. 5033 -3-
PROPERTY ZONE CHANGE ZC: 01-06
draft q final 0
PAnmar Fnrllm 1 Relntwl Cnnn File Nnlsk . ‘-,--- . --...-. . -.-...-. . -.-... . --.-_-- ---- . ..- .--\-,.
Legal Description(s): GPA 01-07/CT 99-06/HDP 99-03/PIP 01-03
Portions of Sections 13 and 18, Township 12 South,
Range 4 West, San Bernardino Meridian, and all that
portion 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.
Property:
4. 221-OlO-17/
221-012-10
Zone Change
From:
P-M
To:
Approvals
Council Approval Date:
Ordiance No:
P-M, O-S
Effective Date:
Signature:
Attach additional pages if necessary
SITE
EXISTING P-M
PROPOSED P-M, OS
PALOMAR FORUM
ZC 01-06