HomeMy WebLinkAbout1996-01-17; Planning Commission; Resolution 38840 0
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PLANNING COMMISSION RESOLUTION NO. 3884
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A NONRESIDENTIAL PLANNED DEVELOPMENT ON
PROPERTY GENERALLY LOCATED ON THE NORTH
SIDE OF KELLOGG AVENUE, EAST OF CAMINO VIDA
ROBLE, IN THE CARLSBAD AIRPORT CENTRE, IN
LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: HOMES FOR INDUSTRY
CASE NO: PUD 95-03
WHEREAS, Homes For Industry - Carlsbad LLC has filed a 7
application for certain property to wit:
Lot 40 of Carlsbad Tract 81-46 unit no. 2, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 11288, filed in the office of the County
Recorder of San Diego County, July 16, 1985.
with the City of Carlsbad and which has been referred to the Planning Commissiol
WHEREAS, said verified application constitutes a request
Nonresidential Planned Unit Development Permit as shown on Exhibits "A" - "G":
January 17,1996 on file in the Planning Department and incorporated by this referc
provided by Chapter 21.47 of the Carlsbad Municipal Code; and
~ WHEREAS, the Planning Commission did, on the 17th day of Januaq
hold a duly noticed public hearing as prescribed by law to consider said request; an
WHEREAS, at said public hearing, upon hearing and considering all tesl
and arguments, if any, of all persons desiring to be heard, said Commission conside
factors relating to the Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1:
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cornu
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APPROVES Planned Unit Development, PUD 95-03, based on the following
and subject to the following conditions:
Findings:
1. The Planning Director has found that, based on the EIA Part-11, this Sul:
Project was described in Final EIR 81-6 for the Carlsbad Airport Centre
Plan (SP 181) and MEIR 93-01 as within its scope; and there will be no ac
significant effect, not analyzed therein, and that no new or additional m
measures or alternatives are required; and that therefore this Subsequent P
within the scope of the prior EIR, and no new environmental document nc
Resources Code 21081 findings are required.
2. The Planning Commission finds that all feasible mitigation measures or
alternatives identified in Final EIR 81-6 for the Carlsbad Airport Centre
Plan and MEIR 93-01 which are appropriate to this Subsequent Project ha
incorporated into this Subsequent Project.
3. The project is consistent with the City-Wide Facilities and Improvements E
applicable local facilities management plan, and all City public facility poli,
ordinances since:
a. The project has been conditioned to ensure that the final map will
approved unless the City Council finds that sewer service is available
the project. In addition, the project is conditioned such that a note
placed on the final map that building permits may not be issued
project unless the District Engineer determines that sewer service is ar
and building cannot occur within the project unless sewer service I
available, and the District Engineer is satisfied that the requirement
Public Facilities Element of the General Plan have been met insofar
apply to sewer service for this project.
b. Statutory School fees will be paid to ensure the availability of school f
in the Carlsbad Unified School District.
c. Park-in-lieu fees are required as a condition of approval.
d. All necessary public improvements have been provided or are reqt
conditions of approval.
e. The developer has agreed and is required by the inclusion of an appl
condition to pay a public facilities fee. Performance of that contr
payment of the fee will enable this body to find that public facilities
available concurrent with need as required by the General Plan.
4. The project has been conditioned to pay any increase in public facility fee,
construction tax, or development fees, and has agreed to abide by any adc
requirements established by a Local Facilities Management Plan prepared p
PC RES0 NO. 3884 -2-
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to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure co
availability of public facilities and will mitigate any cumulative impacts create1
project.
5. This project has been conditioned to comply with any requirement approved
of the Local Facilities Management Plan for Zone 5.
6. The project is consistent with the Comprehensive Land Use Plan (CLUP)
McClellan-Palomar Airport, dated April, 1994 in that as conditioned the ay
shall record an avigation easement over Lots 1 and 4. The project is compatih
the projected noise levels of the CLUP; and, based on the noisefla~
compatibility matrix of the CLUP, the proposed land use is compatible w
airport, in that manufacturing uses are compatible with the noise environmer
to 75 dBA CNEL as determined by SANDAG and the Comprehensive Land U
for the Airport. As the noise levels on Lots 1 and 4 approach 75 dBA CNI
project has been conditioned to prepare an acoustical study and to mitigate i
noise appropriately to ensure that interior noise levels do not exceed 50 dB1
7. That the Project is consistent with the City’s Landscape Manual, adopted 1
Council.
8. That the granting of this permit will not adversely affect and will be consiste;
the City code, the General Plan, specific plans, master plans, and all adoptec
of the City and other governmental agencies, in that the Carlsbad Airport 1
Specific Plan, as amended, ensures that development within the specific pla
will be consistent with the Carlsbad Municipal Code, the Carlsbad General P1;
any other plans of the City or governmental agency.
9. That the proposed use at the particular location is necessary and desirable to p
a service or facility which will contribute to the general well-being t
neighborhood and community, in that the proposed manufacturing us(
compatible with the surrounding existing and planned industrial uses in thc
and the project will provide for adequate circulation, parking, access and load
meet the operational needs of the businesses.
10. That such project will not be detrimental to the health, safety or general welj
persons residing or working in the vicinity, or injurious to property or improve
in the vicinity, in that the project meets all city standards and ordinances, all J
facilities and services will be provided and adequate access to the site w
provided. from Kellogg Avenue.
11. That the proposed nonresidential planned development meets all of the min
development standards of the underlying zone, except for lot area, in that lots 1
than one acre in size are necessary for the development of a compreher
planned industrial development to be occupied by smaller manufacturing busin
and that the smaller lots do not create adverse impacts to surrounding prop
in that the project is consistent with the Carlsbad Airport Centre Specific Pla
the Carlsbad Municipal Code.
PC RES0 NO. 3884 -3-
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Conditions:
1. The Planning Commission does hereby approve the Nonresidential Plann,
Development Permit for the Homes For Industry - Carlsbad LLC Project
"Homes for Industry, PUD 95-03". (Exhibit "A" - "G" on file in the P
Department and incorporated by this reference, dated January 17, 1996), su
the conditions herein set forth. Staff is authorized and directed to make or
the Developer to make all corrections and modifications to the Nonres
Planned Unit Development Permit Documents, as necessary to make them in
consistent and conform to Planning Commission's final action on the J
Development shall occur substantially as shown on the approved exhibit5
proposed development substantially different from this approval, shall req
amendment to this approval.
2. This Project shall comply with all conditions and mitigation measures wh
required as part of the Zone 5 Local Facilities Management Plan a
amendments made to that Plan prior to the issuance of building permits.
3. Approval of PUD 95-03 is granted subject to the approval of CT 95-04 and 1
09. PUD 95-03 is subject to all conditions contained in Planning Comr
Resolutions No. 3883 and 3885 for the Tentative Tract Map and Planned Ind
Permit.
4. If any of the foregoing conditions fail to occur, or if they are, by their terms
implemented and maintained over time, if any of such conditions fail to
implemented and maintained according to their terms, the City shall have th
to revoke or modify all approvals herein granted, deny or further condition is
of all future building permits, deny, revoke or further condition all certific;
occupancy issued under the authority of approvals herein granted, institu
prosecute litigation to compel their compliance with said conditions or seek d;
for their violation. No vested rights are gained by Developer or a succes
interest by the City's approval of this Resolution.
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PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, held on the 17th day of J;
1996, by the following vote, to wit:
AYES: Chairperson Compas, Commissioners Erwin, Monroy, I\
Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
lJ?z!h& tLx%%%/
WILLIAM COMPAS, cdirperson
CARLSBAD PLANNING COMMISSIOI
ATTEST:
MICHAEL J. MLZMWLER
Planning Director
I PC RES0 NO. 3884 -5-