HomeMy WebLinkAbout2003-10-15; Planning Commission; Resolution 54911
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PLANNING COMMISSION RESOLUTION NO. 5491
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM LIMITED
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF PALOMAR AIRPORT ROAD, WEST OF EL CAMINO
REAL IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME:
CONTROL (L-C) TO PLANNED INDUSTRIAL (P-M) ON
NORTH COUNTY ANIMAL SHELTER
CASE NO: ZC 03-03
WHEREAS, the County of San Diego “OwnerDeveloper,” has filed a verified
application with the City of Carlsbad regarding property described as
A portion of Lot G of Rancho Agua Hedionda, according to
Map No. 823, filed in the Office of the County Recorder of San
Diego County, State of California on November 16,1896
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit “X” attached hereto and on file in the Planning Department, NORTH COUNTY
ANIMAL SHELTER - ZC 03-03 as provided by Chapter 21.52 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did on the 15th day of October 2003,
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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
ZC 03-03 based on the following findings:
RECOMMENDS APPROVAL of NORTH COUNTY ANIMAL SHELTER -
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Findin ps:
1.
2.
3.
That the prop sed Zone Change from L-C to P-M is consistent with the goals and
policies of the various elements of the General Plan, in that the site’s General Plan
designation is PI (Planned Industrial) and the proposed Planned Industrial (P-M)
zone is consistent with that designation. The L-C zone is intended to be an interim
holding zone and no entitlements can be issued until a zone change is approved.
The existing shelter pre-dates City annexation so this proposed redevelopment of
the site results in the need to change the interim zone to an operational zone
consistent with the General Plan.
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 proposed P-M zoning is consistent with the existing General Plan
designation of Planned Industrial.
That the Zone Change is consistent with the public convenience, necessity and general
welfare, and is consistent with sound planning principles in that the site has been in use
as County Animal Shelter for over 40 years and this Zone Change will allow
entitlements to be issued so that the redevelopment of the Shelter can commence.
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 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.
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PC RES0 NO. 5491 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 15th day of October 2003, by the following
vote, to wit:
AYES:
NOES: None
ABSENT: Commissioner Heineman
ABSTAIN: None
Chairperson Baker, Commissioners Dominguez, Montgomery,
Segall, White and Whitton
I \
G COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5491 -3-
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Exhibit "X"
October 15, 2003
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
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF
PALOMAR AIRPORT ROAD, WEST OF EL CAMINO REAL IN
LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME:
LIMITED CONTROL (L-C) TO PLANNED INDUSTRIAL (P-M) ON
NORTH COUNTY ANIMAL SHELTER
CASE NO.: ZC 03-03
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
City's zoning map, is amended as shown on the map marked Exhibit "ZC 03-03" 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. 5491 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. (Not withstanding the preceding, this ordinance shall not be
effective within the City's Coastal Zone until approved by the California Coastal Commission.)
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of 2003, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2003, by the following vote, to wit:
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of 2003, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2003, by the following vote, to wit:
I
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
-2-
PROPERTY ZONE CHANGE
Zone Change
Property: From: To:
A. 21 3-020-1 8 Limited Control Planned Industrial
ZC: 03-03
dntt (XI final 0
Approvals Council Approval Date:
Ordinance No:
Effective Date:
Signature:
I I
Attach additional pages if necessary I I