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HomeMy WebLinkAbout2002-09-04; Planning Commission; Resolution 52391 r 1 L 4 t r i E s 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mar .k F. PLANNING COMMISSION RESOLUTION NO. 5239 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM LIMITED CONTROL TO PLANNED INDUSTRIAL, OPEN SPACE, AND OVERLAY ZONE ON PROPERTY GENERALLY LOCATED EAST AND WEST OF EL CAMINO REAL BETWEEN FARADAY AVENUE AND COLLEGE BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: FOX MILLER PROPERTY CASE NO: ZC 00-07 WHEREAS Mission Beach, L.L.C, a Washington Limited Liability Company, Miller, Dean E. Miller, and Gordon B. Fox, “Developer”/”Owner,” has filed a MANUFACTURING - QUALIFIED DEVELOPMENT verified application with the City of Carlsbad regarding property described as That portion of Lot “F” of Rancho Agua Hedionda, County of San Diego, State of California, according to map thereof No. 823, filed in the oMice 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 H and D Partners, “Owner” has filed a verified application with the City of Carlsbad regarding property described as 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 application constitutes a request for a Zone Change as shown on Exhibit “X” dated July 17, 2002, on file in the Planning Department, FOX MILLER PROPERTY - ZC 00-07 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 17th day of July, 2002 and on the 4th day of September 2002 hold a duly noticed public hearing as prescribed by law to consider said request; and 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 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: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission based on the following findings and subject to the following conditions: RECOMMENDS APPROVAL of FOX MILLER PROPERTY - ZC 00-07 Findings: 1. That the proposed Zone Change from Limited Control and OMice to Planned Industrial, Open Space, and Manufacturing - Qualified Development Overlay Zone is consistent with the goals and policies of the various elements of the General Plan, in that the proposed Planned Industrial zoning replaces the L-C Zone which is intended to be an interim zone designation. The proposed Planned Industrial, Open Space, and Manufacturing - Qualified Development Overlay zones are consistent with the proposed Planned Industrial and Open Space Land Use designation. The project area is located adjacent to a major circulation roadway providing adequate transportation access and is located in an area that is least desirable for residential development because of its proximity, and influence from, McClellan-Palomar Airport. 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 Planned Industrial, Manufacturing-Qualified Overlay Zone, and Open Space zoning designations, as shown on Exhibit “ZC 00-07”, implements the proposed Planned Industrial and Open Space 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 industrial uses allowed by the proposed zone change are compatible with surrounding industrial uses and the Open Space designation will protect sensitive native floral and faunal habitats. Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and GPA 00-05 and is subject to all conditions contained in Planning Commission Resolutions No. 5237 and 5238 for those other approvals. PC RES0 NO. 5239 -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 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 fiom 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 feedexactions of which you have previously been given 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 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. HOmILLm Planning Director PC RES0 NO. 5239 -3- 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 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, ZC 00-07, FROM LIMITED CONTROL AND OFFICE TO P-M, 0-S, AND M- Q ON PROPERTY GENERALLY LOCATED ON THE EAST AND WEST SIDE OF EL CAMINO REAL, BETWEEN FARADAY AVENUE AND COLLEGE BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: FOX MILLER PROPERTY CASE NO.: ZC 00-07 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 00-07" "A" and "B 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. 5239 on file in the Planning Department 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 publication of general circulation in the City of Carlsbad within fifteen days after its adoption INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of , 2002, and thereafter. /Ill /Ill /Ill Ill1 /Ill /Ill /Ill 1 i ( 4 1( 11 1; 1: 1L l! 16 17 la 19 2c 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad 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- EXISTING L-C, M-Q, 0 FOX MILLER PROPERTY ZC 00-07 PROPOSED P-M, OS, M-Q, L-C FOX MILLER PROPERTY ZC 00-07