HomeMy WebLinkAbout2002-08-21; Planning Commission; Resolution 52461
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PLANNING COMMISSION RESOLUTION NO. 5246
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM P-C TO P-M AND
0-S 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.: ZC 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 application constitutes a request for a Zone Change as shown on
Exhibit “ZC 97-05” dated August 21, 2002, on file in the Planning Department, CARLSBAD
OAKS NORTH SPECIFIC PLAN - ZC 97-05, and as referenced in draft City Council
Ordinance Exhibit “X” attached hereto and provided by Chapter 21.52 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; and
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 CARLSBAD OAKS NORTH SPECIFIC
PLAN - ZC 97-05, as set forth in Exhibit “X” attached hereto, based on the
following findings and subject to the following conditions:
FindinPs:
1. That the proposed Zone Change from P-C- to Planned Industrial (P-M) and (0-S) is
consistent with the goals and policies of the various elements of the General Plan, in that
the proposed zoning will implement the PI and OS General Plan land use
designations.
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 P-M and 0-S zones are intended to implement the PI and OS
General Plan land use designations.
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
development of a quality industrial park and the protection of sensitive resources
that are a part of a core habitat area in the City’s draft HMP.
Conditions:
1. This approval is granted subject to the certification, adoption and approval of the
Environmental Impact Report EIR 98-08 and Mitigation Monitoring and Reporting
Program, GPA 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.
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 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 fees/exactions of which you have previously been given a
PC RES0 NO. 5246 -2-
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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 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 PLANNTNG COMMISSION
ATTEST:
MICHAEL J. HWZMILBR
Planning Director
PC RES0 NO. 5246 -3-
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EXHIBIT “X’
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF
THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO
THE ZONING MAP TO GRANT A ZONE CHANGE FROM P-C
TO P-M AND 0-S 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: ZC 97-05
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the
zoning map, is amended as shown on the map marked Exhibit “ZC 97-05” attached hereto and
made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission as set
forth in Planning Commission Resolution No. 5246 constitute the findings and conditions of the
City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a newspaper of general circulation within fifteen days after its
adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council held on the day of ,2002, and thereafter
PASSED AND ADOPTED at a regular meeting of said City Council held on the
day of , 2002, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
-2-
PROPERTY ZONE CHANGE ZC: 97-05
P-c I E p I-mq P-M
EXISTING
I I
I os
I P-M
P-CTOOS a P-CTOP-M
4
Property/Legal Description(s): EIR 98-08/ GPA 97-05/SP 21 l/LFMPl6(A)/CT 97-
Portion of Lot B of Rancho Agua Hedionda, in the City of 13/HDP 97-lo/ 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.
Zone Change I Approvals
Property: To: I Council Approval Date: From:
A. 209-050-04, B. 209-050-21
Ordinance No:
C. 209-050-22,
D. 209-050-23,
E. 209-050-24 P-C PM/OS
F.
Signature: G.
Effective Date:
H.
Attach additional pages if necessary