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HomeMy WebLinkAbout2004-01-07; Planning Commission; Resolution 55361 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 PLANNING COMMISSION RESOLUTION NO. 5536 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE TO CHANGE THE DESIGNATION OF 8.18 ACRES FROM ONE FAMILY RESIDENTIAL WITH A 10,000 SQUARE FOOT MINTMUM GENERALLY LOCATED SOUTH OF OLIVENHAIN ROAD, WEST OF RANCHO SANTA FE ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 1 1. CASE NAME: OMWD CAMPUS PLAN CASE NO: zc 02-01 WHEREAS, Olivenhain Municipal Water District, “Developer/Owner,” has LOT SIZE (R-1-10) TO OFFICE (0) ON PROPERTY filed a verified application with the City of Carlsbad regarding property described as Portion of Lot 13 of the Subdivision of Rancho Las Encinitas, according to Map No. 848, filed in the Office of the County Recorder of the County of San Diego on June 27,1898, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit “X” dated January 7,2004, attached hereto and made a part hereof and on file in the Planning Department, OMWD CAMPUS PLAN - ZC 02-01 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 7th day of January, 2004, 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) That the foregoing recitations are true and correct. 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 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of OMWD CAMPUS PLAN - ZC 02-01 based on the following findings: Findings: 1. That the proposed Zone Change from One Family Residential (R-1-10) to Office (0) is consistent with the goals and policies of the various elements of the General Plan, in that the Office zoning designation more appropriately describes the existing and planned future land use for the water district headquarters and operations facility property; and there is adequate remaining residentially designated property in the City to accommodate the Regional Share Housing Needs and meet the housing goals established in the City’s Housing Element. 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 proposed General Plan land use designation of Governmental Facilities (G) is appropriately implemented by the Office (0) zone. 3. That the Zone Change is consistent with the public convenience, necessity and general welfare, and is consistent with sound planning principles in that the proposed Office (0) zone is consistent with the existing and future land use, and the site is separated from neighboring residentially designated property by arterial roadways and a large natural drainage feature. Conditions: 1. This approval is granted subject to the approval of GPA 02-01 as contained in Planning Commission Resolution No. 5535. ... ... ... ... ... ... ... ... ... PC RES0 NO. 5536 -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 fkom 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 7th day of January 2004, by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman, Montgomery, Segall, and Whitton NOES: None ABSENT: None ABSTAIN: None MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5536 -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 January 7,2004 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE CITY’S ZONING MAP PURSUANT TO SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF OLIVENHAIN ROAD AND RANCHO SANTA FE ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: OMWD CAMPUS PLAN CASE NO.: zc 02-01 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: TO GRANT A ZONE CHANGE, ZC 02-01, FROM R-1-10 TO G That the City’s Zoning Map is amended as shown on the map marked Exhibit “ZC 02-01” attached hereto and made a part hereof, pursuant to Section 21.05.030 of the Carlsbad Municipal Code. SECTION 11: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 5536, 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 2004, and thereafter. Ill Ill Ill Ill Ill Ill Ill 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 2t 27 2E C PASSED AND ADOPTED at a regular meeting of the City Council of the City of rlsbad on the day of 2004, 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 Property: From: A. 255-040-56 R-1-10 B. C. D. zc: 02-01 draft final To: Council Approval Date: 0 Ordinance No: Effective Date: Signature: