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HomeMy WebLinkAbout2001-10-17; Planning Commission; Resolution 50331 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. 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: 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 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- 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 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