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HomeMy WebLinkAbout2002-08-21; Planning Commission; Resolution 52451 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. 5245 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE MAP OF THE GENERAL PLAN TO ADJUST THE BOUNDARIES OF OPEN SPACE (OS) AND PLANNED INDUSTRIAL (PI) DESIGNATIONS ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD BETWEEN EL CAMINO REAL AND THE CITY’S EASTERN BOUNDARY IN LOCAL FACILITIES MANAGEMENT ZONE 16. CASE NAME: CARLSBAD OAKS NORTH SPECIFIC PLAN CASE NO: GPA 97-05 WHEREAS, Techbilt Construction Corp., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Oaks North Partners, L.P., “Owner,” described as That portion of Lot “B” of Rancho Agua Hedionda, in the County of San Diego, State of California, according to partition map thereof no. 823, filed in the Office of the County Recorder of San Diego County, November 16,1896. (“the Property”); and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit “GPA 97-05” dated August 21,2002, on file in the Carlsbad Planning Department, CARLSBAD OAKS NORTH SPECIFIC PLAN - GPA 97-05, as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 21st day of August, 2002, 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 General Plan Amendment. 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CARLSBAD OAKS NORTH SPECIFIC PLAN - GPA 97-05, based on the following findings and subject to the following conditions: Findinps: 1. The Planning Commission finds that the project as conditioned herein, is in conformance with Elements of the City’s General Plan based on the facts set forth in the staff report dated August 21,2002, including but not limited to the following: The existing boundaries of PI and OS designations do not coincide entirely with the boundaries of the negotiated HMP hardline conservation area (see the attached Exhibit GPA 97-05). Policy C.20 of the Open Space Planning and Protection Section of the General Plan Open Space and Conservation Element requires findings to adjust the boundaries of any open space shown on the “Official Open Space and Conservation Map” dated September, 1994. The necessary findings are: A. The proposed open space is equal to or greater than the area depicted on the Official Open Space Map. The proposed adjustment in open space boundaries will increase the acreage designated as OS from 135 acres to 219.5 acres. B. The proposed open space area is of environmental quality equal to or greater than that depicted on the Official Open Space Map. The open space adjustment will eliminate PI land use designations and preserve additional acres of open space within a wildlife habitat conservation area that contains critical wetland and riparian habitat surrounding La Mirada Creek. C. The proposed adjustment to open space is contiguous to the open space presently shown on the Official Open Space Map. The proposed amendment will change and increase the acreage of open space within the project boundaries by 84.5 acres. The additional open space is contiguous with existing open space. Conditions: 1. This approval is granted subject to the certification, adoption and approval of the Program Environmental Impact Report EIR 98-08 and Mitigation Monitoring and Reporting Program, ZC 97-05, SP 211 and LFMP 89-16(A) and is subject to all conditions contained in Planning Commission Resolution No. 5244 for Program EIR 98-08. PC RES0 NO. 5245 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 21st day of August, 2002, by the following vote, to wit: AYES: Commissioners Baker, Dominguez, Heineman, Trigas, White, and Whitton NOES: None ABSENT: Commissioner Segall ABSTAIN: None SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: v MICHAEL J. HOLZMIIYER Planning Director PC RES0 NO. 5245 -3- GENERAL PLAN AMENDMENT e RL os 0 EXISTING OPEN SPACE PROWED ADDITIONAL OPEN SPACE EXISTING OS TO PI EXISTING HMP HARDLINE Project Name: I Related Case File No(s): Property/Legal Description(s): EIR 98-08/ ZC 97-05/SP 21 l/LFMP16(A)/CT 97-13/HDP Portion of Lot B of Rancho Agua Hedionda, in the City of 97-10/ PIP 92-02/SUP 97-07 Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, excepting therefrom all that portion lying southerly of the northerly line of Carlsbad Tract No. 74-21, according to Map No. 10372, filed in the Office of the County Recorder of San Diego County, April 13, 1982. G.P. Map Designation Change I Approvals Property To: I Council Approval Date: From: A. 209-050-04, B. 209-050-21 Resolution No: C. 209-050-22, D. 209-050-23. I Attach additional Daaes if necessarv I