HomeMy WebLinkAbout2002-09-04; Planning Commission; Resolution 52391
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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
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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-
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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-
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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, 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.
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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