HomeMy WebLinkAbout2005-01-05; Planning Commission; Resolution 57971
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PLANNING COMMISSION RESOLUTION NO. 5797
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM RESIDENTIAL
DENSITY-MULTIPLE WITH A QUALIFIED DEVELOPMENT
OVERLAY (RD-M-Q), RESIDENTIAL SINGLE-FAMILY
WITH A QUALIFIED DEVELOPMENT OVERLAY (R-1-Q),
AND PLANNED INDUSTRIAL (PM) TO OPEN SPACE (OS)
ON PROPERTY GENERALLY LOCATED ON THE
SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD
AND HIDDEN VALLEY ROAD AND BETWEEN HIDDEN
VALLEY ROAD AND AVIARA PARKWAY, SOUTH OF
PALOMAR AIRPORT ROAD, IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: KELLY CORPORATE CENTER GPNZC
CASE NO: ZC 04-05
WHEREAS, the City of Carlsbad has filed a verified application with the City of
Carlsbad regarding property described as
Parcel A of Parcel Map 147 in the City of Carlsbad, County of
San Diego, State of California, according to map thereof no.
2993, filed in the Office of the County Recorder of San Diego,
August 23,1974 as file number 74-230326 and Parcels 3, and 4
of MS 01-08, in the City of Carlsbad, County of San Diego,
State of California, according to map thereof no. 19207, filed in
the Office of the County Recorder of San Diego, April 9,2003
as file number 2003-0402795
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit “ZC 04-05” dated January 5, 2005, attached hereto and on file in the Planning
Department, KELLY CORPORATE CENTER GPNZC - ZC 04-05 as provided by Chapter
21.52 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 5th day of January, 2005, 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.
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Commissio
A)
B)
Findings:
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
as follows:
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of KELLY CORPORATE CENTER
GPNZC - ZC 04-05 based on the following findings and subject to the
following conditions:
1. That the proposed Zone Change from Residential Density-Multiple with a Qualified
Development Overlay (RD-M-Q), Residential Single-family with a Qualified
Development Overlay (R-1-Q), and Planned Industrial (PM) zoning designations to
Open Space is consistent with the goals and policies of the various elements of the
General Plan, in that that the proposed Open Space land use is compatible with the
surrounding land uses in that the adjacent land uses are designated Planned
Industrial and Open Space; 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 habitat buffer, upland slope, and riparian habitat areas are
proposed to be designated as Open Space.
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 Open Space zoning designation will implement the Open Space
land use designation.
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 portions of the
property that are biologically and topographically constrained, encumbered by open
space easements, and shown as hard line conservation area within the draft habitat
Management Plan will be designated as Open Space.
Conditions:
1. This approval is granted subject to the approval of the Negative Declaration, GPA 04-
09, and LCPA 04-08 and is subject to all conditions contained in Planning Commission
Resolutions No. 5795, 5796 and 5798 for those other approvals incorporated herein by
reference.
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PC RES0 NO. 5797 -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 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.
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 5th day of January 2005, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
JEFm N. SEGALfdairperson
CARLSBAD PLANKING COMMISSION
ATTEST:
h
DON NEU
Assistant Planning Director
PC RES0 NO. 5797 -3 -
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Exhibit “ZC 04-05”
January 5,2005
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
THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 04-05,
RESIDENTIAL DENSITY-MULTIPLE WITH A QUALIFIED
DEVELOPMENT OVERLAY (RD-M-Q), RES1 DENTlAL SING LE-
FAMILY WITH A QUALIFIED DEVELOPMENT OVERLAY (R-I- GI), AND PLANNED INDUSTRIAL (PM) TO OPEN SPACE (OS)
ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST
CORNER OF PALOMAR AIRPORT ROAD AND HIDDEN
VALLEY ROAD AND BETWEEN HIDDEN VALLEY ROAD AND
AVIARA PARKWAY, SOUTH OF PALOMAR AIRPORT ROAD, IN
LOCAL FACILITIES MANAGEMENT ZONE 5
CASE NAME: KELLY CORPORATE CENTER GPAIZC
CASE NO.: ZC 04-05
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 04-05,” dated January 5,
2005, 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. 5797 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 Cify’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 , 2005, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City Council held on the
, 2005, by the following vote, to wit: day of
AYES:
NOES:
ABSENT:
ABSTAl N:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
-2-
ZC 04-05 - Kelly Corporate Center GPNZC
Property From:
A. 21 2-040-66-00 P-M-Q/R-1 -Q/RD-M-Q
B. 21 2-040-67-00 P-M-Q
C. 21 2-040-70-00 P-M-Q/E-A
January 5,2005
To:
P-M-Q/OS
P-M-Q/OS
P-M-Q/OS
EXISTING
PROPOSED