HomeMy WebLinkAbout2005-09-07; Planning Commission; Resolution 59641
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PLANNING COMMISSION RESOLUTION NO. 5964
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM LIMITED
GENERALLY LOCATED ON THE SOUTH SIDE OF
PALOMAR AIRPORT ROAD BETWEEN ARMADA DRIVE AND HIDDEN VALLEY ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: NORTH COUNTY HABITAT BANK
CONTROL (L-C) TO OPEN SPACE (OS) ON PROPERTY
CASE NO: ZC 04-1 1
WHEREAS, Westmark Development Corporation, “Developer/Owner,” has
filed a verified application with the City of Carlsbad regarding property described as
Parcel 4 of Parcel Map No. 16860
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit “ZC 04-11” dated September 7, 2005, attached hereto and on file in the Planning
Department, NORTH COUNTY HABITAT BANK - ZC 04-11 as provided by Chapter 21.52
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 7th day of September, 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
ZC 04-11 based on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of NORTH COUNTY HABITAT BANK -
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Findinps:
1. That the proposed Zone Change from L-C (Limited Control) to 0-S (Open Space is
consistent with the goals and policies of the various elements of the General Plan, in that
the proposed project will create a habitat preservation bank (preserved open space
only) and the 0-S (Open Space) zone is the appropriate zone for preserved 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 0-S (Open Space) Zone is the implementing zone for the OS
(Open Space) General Plan designation being applied to the property.
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 proposed project
will create a habitat preservation bank and the 0-S (Open Space) zone is the
appropriate zone for preserved open space.
Conditions:
1. This approval is granted subject to the approval of GPA 04-15, LCPA 04-13, and CUP
04-19 and is subject to all conditions contained in Planning Commission Resolutions No.
5963,5965 and 5966 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.
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.
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PC RES0 NO. 5964 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 7th day of September 2005, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
PC RES0 NO. 5964 -3-
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Exhibit “ZC 04-1 1”
September 7, 2005
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE NORTH COUNTY
APPROXIMATELY 18.73 ACRES GENERALLY LOCATEDON
THE SOUTH SIDE OF PALOMAR AIRPORT BETWEEN
ARMADA DRIVE AND HIDDEN VALLEY ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME:
HABITAT BANK ZONE CHANGE ZC 04-11 ON
NORTH COUNTY HABITAT BANK
CASE NO.: ZC 04-1 1
WHEREAS, the North County Habitat Bank Zone Change is in conformance with
the City of Carlsbad Draft Habitat Management Plan for the subject property as well as current
city ordinances; and
WHEREAS, the City Council did on the day of 3
2005 hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, said application constitutes a request for a Zone Change as shown
on Exhibit “ZC 04-1 1” dated September 7, 2005 , incorporated by reference.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
follows:
SECTION I: That the Zone Change ZC 04-1 1 dated September 7, 2005 on file in
the Planning Department, and incorporated by reference herein, is approved. The Zone
Change shall constitute the zoning for the property and all development shall conform to the
zoning.
SECTION II: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 5964 shall also 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 publication of general circulation in the City of Carlsbad within
fifteen days after its adoption.
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INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City
Council on the day of 2005, and thereafter.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
2005, by of the City of Carlsbad, California, held on the
the following vote, to wit:
day of
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
-2-
ZC 04-11 North County Habitat Bank
SeDtember 7.2005
Property From:
B.
C.
D.
A. 21 1-040-33-00 L-C
EXISTING
To: os