Loading...
HomeMy WebLinkAbout2004-01-07; Planning Commission; Resolution 55371 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. 5537 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 196(A) TO DELETE THE SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF OLIVENHAIN ROAD AND RANCHO SANTA FE ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 1 1. CASE NAME: OMWD CAMPUS PLAN CASE NO.: SP 196(A) WHEREAS, Olivenhain Municipal Water District “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Portion of Lots 10 and 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 verified application constitutes a request for the deletion of a Specific Plan, on file in the Carlsbad Planning Department, OMWD CAMPUS PLAN - SP 196(A) as provided by SP 196 and Government Code Section 65453; 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 Specific Plan Amendment; and WHEREAS, on January 2, 1985, the City Council approved SP 196, as described and conditioned in Planning Commission Resolution No. 2373 and City Council Ordinance No. 9741. 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad 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 OMWD CAMPUS PLAN - SP 196(A) Findings : 1. The proposed deletion of the Specific Plan (SP 196) is consistent with the provisions of the General Plan, in that the proposed zone change from One Family Residential (R-l- 10) to Governmental Facilities (G) would make a consistent zoning designation for the property and the Governmental Facilities zone adequately regulates development on the water district headquarters and operations facility site without the need for a Specific Plan. 2. The proposed deletion of the plan would not be detrimental to the public interest, health, safety, convenience or welfare of the City. 3. All necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the capital improvement program applicable to the subject property. Conditions: 1. 2. ... ... ... ... ... Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Specific Plan document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. This approval is granted subject to the approval of GPA 02-01 and ZC 02-01 and is subject to all conditions contained in Planning Commission Resolutions No. 5535 and 5536 for those other approvals incorporated herein by reference. PC RES0 NO. 5537 -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 feedexactions. 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, California, 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: MICHAEL J. HOL~ILL~ Planning Director PC RES0 NO. 5537 -3-