HomeMy WebLinkAbout2004-09-01; Planning Commission; Resolution 57111
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PLANNING COMMISSION RESOLUTION NO. 5711
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
OS ON PROPERTY GENERALLY LOCATED SOUTHEAST
OF COLLEGE BOULEVARD, SOUTHWEST OF ASTON
AIRPORT IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: PALOMAR POINTE
APPROVAL OF A ZONE CHANGE FROM P-M TO P-M AND
AVENUE, AND NORTH OF THE MC CLELLAN-PALOMAR
CASE NO.: ZC 04-03
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 application constitutes a request for a Zone Change as shown on
Exhibit “X” dated September 1, 2004, attached hereto and on file in the Planning Department,
PALOMAR POINTE - ZC 04-03 as provided by Chapter 21.52 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 Zone Change.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of PALOMAR POINTE - ZC 04-03 based on
the following findings:
Findings:
1. That the proposed Zone Change from Planned Industrial (P-M) to P-M and Open
Space (OS) is consistent with the goals and policies of the various elements of the
General Plan, in that the proposed Open Space zoning replaces the existing P-M
zoning in areas designated as habitat preservation areas and the remaining P-M
zone designations reflect the areas proposed for the officehndustrial development.
The proposed P-M and OS zone designations are consistent with the proposed
Planned Industrial (PI) and Open Space (OS) General Plan Land Use designations.
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 Planned Industrial and Open Space zoning designations, as
shown on Exhibit “ZC 04-03,” implement the proposed Planned Industrial and
Open Space General Plan Land Use Designations.
3. That the Zone Change is consistent with the public convenience, necessity and general
welfare, and is consistent with sound planning principles in that industrial uses are
currently allowed on the site and the proposed zone change is necessary to reflect
the areas set aside as open space preserve as required by the City’s draft Habitat
Management Plan.
Conditions:
1. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 04-08 and LCPA 04-07,
and is subject to all conditions contained in Planning Commission Resolutions No. 5709,
5710 and 5712 for those other approvals incorporated herein by reference.
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 from 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.
PC RES0 NO. 571 1 -2-
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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 fees/exactions 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 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:
ANK H. WHITTON, Chairperson
D PLANNING COMMISSION
ATTEST:
MICHAEL J. HO~ZMIL&R
Planning Director
PC RES0 NO. 571 1 -3-
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Exhibit “X
September 1,2004
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF
THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO
FROM PLANNED INDUSTRIAL TO PLANNED INDUSTRIAL
AND OPEN SPACE ON PROPERTY GENERALLY LOCATED
SOUTHEAST OF COLLEGE BOULEVARD, SOUTHWEST OF
PALOMAR AIRPORT IN LOCAL FACILITIES MANAGEMENT
ZONE 5.
CASE NAME: PALOMAR POINTE
THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 04-03,
ASTON AVENUE, AND NORTH OF THE MC CLELLAN-
CASE NO.: ZC 04-03
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the
zoning map, is amended as shown on the map marked Exhibit “ZC 04-03,” dated September 1,
2004, attached hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission as
set forth in Planning Commission Resolution No. 571 1 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 newspaper of general circulation within fifteen days after its
adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City’s
Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council held on the day of , 2004, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City Council held on the
, 2004, by the following vote, to wit: day of
AYES:
NOES:
ABSENT:
ABSTAl N:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
-2-
PROPERTY ZONE CHANGE
Project Name: PALOMAR POINTE
ZC: 04-03
draft final 0
Related Case File No(s): GPA 04-08/ LCPA 04-
07/CT 04-061 PUD 03-02/PIP 03-02 /CDP 03-
O6/HDP 03-02
September 1, 2004
Zone Change
Property I From: I To:
A. 21 2-1 20-33 P-M 1 P-M&OS
PROPOSED
Approvals
Council Approval Date:
Resolution No:
EXISTING
Effective Date:
Signature: