HomeMy WebLinkAbout2004-01-07; Planning Commission; Resolution 55371
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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.
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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.
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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-
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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 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-