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HomeMy WebLinkAbout2004-09-01; Planning Commission; Resolution 57101 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. 5710 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN ON PROPERTY GENERALLY LOCATED SOUTHEAST OF COLLEGE BOULEVARD, SOUTHWEST OF ASTON AVENUE, AND NORTH OF THE MC CLELLAN-PALOMAR AIRPORT IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PALOMAR POlNTE CASE NO.: GPA 04-08 WHEREAS, T. Lawrence Jett, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by James L. Hieatt and Mildred E. Hieatt, Trustees of the Hieatt Family Living Trust, dated April 18, 1990 as to an undivided 75% interest and T. Lawrence Jett as to an undivided 25%, as Tenants in Common, “Owner,” described as That portion of Lot F of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 823, filed in the Office of the County Recorder of San Diego, November 16,1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit “GPA 04-08” dated September 1, 2004, attached hereto and on file in the Carlsbad Planning Department PALOMAR POINTE - GPA 04-08 as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 1st day of September 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 General Plan Amendment. 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: B) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of PALOMAR POINTE - GPA 04-08, based on the following findings: Findings: 1. The Planning Commission finds that the project is in conformance with the Elements of the City’s General Plan based on the facts set forth in the staff report dated September 1, 2004 including, but not limited to the following: that the proposed Open Space and Planned Industrial land uses are compatible with the surrounding land uses in that the adjacent land uses are developed with office/industrial uses; that the land use change is based on the environmental constraints of the property and is environmentally and topographically appropriate for the site in that the vernal pools, slopes and habitat areas included in the open space preserve areas are consistent with the “hardline areas’’ shown in the City’s draft Habitat Management Plan and that these areas are proposed to be designated as Open Space on the General Plan Land Use Map. Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, ZC 04-03 and LCPA 04-07 and is subject to all conditions contained in Planning Commission Resolutions No. 5709, 5711 and 5712 for those other approvals incorporated herein by reference. ... ... ... ... ... ... ... ... PC RES0 NO. 5710 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 1st day of September 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: PANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: . Planning Director PC RES0 NO. 5710 -3- GENERAL PLAN AMENDMENT Project Name: PALOMAR POINTE GPA: 04-08 Related Case File No(s): ZC 04-03/ LCPA 04- 07/CT 04-06/ PUD 03-02/PIP 03-02 lCDP 03- draft final 0 September 1,2004 PROPOSED EXISTING I O6/HDP 03-02 PropertylLegal Description(s): That portion of Lot F of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 823, filed in the Office of the County Recorder of San Diego, November 16,1896 I I I Attach additional pages if necessary I