HomeMy WebLinkAbout2004-01-07; Planning Commission; Resolution 55361
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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.
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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.
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PC RES0 NO. 5536 -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 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-
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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.
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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: