HomeMy WebLinkAbout2002-09-04; Planning Commission; Resolution 52381
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I PLANNING COMMISSION RESOLUTION NO. 5238
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND USE
ELEMENT AND THE OPEN SPACE AND CONSERVATION
ELEMENT OF THE GENERAL PLAN ON PROPERTY
GENERALLY LOCATED EAST OF SALK AVENUE AND
WEST OF EL CAMINO REAL IN LOCAL FACILITIES
MANAGEMENT ZONE 5
CASE NAME: FOX MILLER PROPERTY
CASE NO: GPA 00-05
WHEREAS, Mission Beach, L.L.C, a Washington Limited Liability
Company, Mark F. Miller, Dean E. Miller, and Gordon B. Fox, “Developer”/“Owner,” has
filed a verified application with the City of Carlsbad regarding property described as
That portion of Lot “B” and “F” of Rancho Agua Hedionda,
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, described in a grant
deed recorded August 13, 1992, as Document Number 1992-
0512626
(“the Property”); and
WHEREAS, the City of Carlsbad on behalf of Carlsbad Associates No. 1 LP
and H and D Partners, “Owners” has filed a verified application with the City of Carlsbad
regarding property described as
A portion of Parcel 3 of Parcel Map 17830, in the City of
Carlsbad, County of San Diego, State of California, filed in the
Office of the County Recorder of San Diego County, March 21,
1997 as file number 97-129122 and a portion of Lot “B” of
Rancho Agua Hedionda, 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
(“the Property”); and
WHEREAS, said verified application constitutes a request for a General Plan
Amendment as shown on Exhibit “GPA 00-05” “A” and “B” dated July 17, 2002, on file in
ll the Carlsbad Planning Department FOX MILLER PROPERTY - GPA 00-05 as provided in
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Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did, on the 17th day of July 2002 and on
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consider said request; ;
the 4th day of September 2002 hold a duly noticed public hearing as prescribed by law to 1
r WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persdns desiring to be heard, said Commission considered all factors
relating to the General Plan Amehent. 1 ' )I NOW, THEREFdRE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of CarlsbJd, as follows:
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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 FOX MILLER PROPERTY - GPA 00-05,
based on the following findings:
Findinps:
1. The Planning Commissioh finds that the project is in conformace with the Elements of
the City's General Plan based on the facts set forth in the staff report dated July 17,2002
including, but not limited to the following: that the proposed Planned Industrial, Open
Space, and Residential High/CommerciaYOffice land uses are compatible with the
surrounding land uses in that the adjacent land uses are also developed and/or
designated Planned Industrial, Open Space, and Residential High/CommerciaY
Office; that the land use change is based on the environmental constraints of the
property and is environmentally and topographically appropriate for the site in that
the riparian area, slope and habitat areas are proposed to be designated as Open
Space. The City initiated General Plan amendment involves redesignating a
remnant parcel from Residential High/CommerciaVOffice to Open Space and
placing an Open Space designation on Planned Industrial designated property
which currently has an open space easement and is constrained by native habitat
which is adjacent to proposed Open Space.
/I 2. That the proposed open spdce area:
I A. is equal to or greater than the area depicted on the Official Open Space and
Conservation Map; land
[I PC RES0 NO. 5238 -2-
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B. is of environmental quality equal to or greater than that depicted on the Official
Open Space and Conservation Map; and
C. is contiguous or within close proximity to open space as shown on the Official
Open Space and Conservation Map.
Conditions
1. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and ZC 00-07 and is subject to
all conditions contained in Planning Commission Resolutions No. 5237 and 5239 for
those other approvals.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 4th day of September 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, Segall and White
NOES: Commissioner Whitton
ABSENT: None
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOC~MILI~R
Planning Director
11 PC RES0 NO. 5238 -3-
EXISTING UA, OS, PI, RH/C/O
FOX MILLER PROPERTY
GPA 00-05
PROPOSED PI, OS, RH/C/O
FOX MILLER PROPERTY
GPA 00-05