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HomeMy WebLinkAbout1998-08-19; Planning Commission; Resolution 43551 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 e e PLANNING COMMISSION RESOLUTION NO. 4355 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 109(B) TO REPEAL THE SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED ALONG THE WEST SIDE OF EL CAMINO REAL TO THE SOUTH OF PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: LINCOLN NORTH POINTE CASE NO.: SP 109(B) WHEREAS, Lincoln Property Company, “Developer”, has filed a application with the City of Carlsbad regarding property owned by W9LNP Rea Limited Partnership, “Owner”, described as Parcel 1 of Parcel Map No. 1110, in the City of Carlsbad, County of San Diego, State of California, according to parcel map thereof filed in the Office of the County Recorder of San Diego County, on November 10, 1972 as File No. 302114 of official records. (“the Property”); and WHEREAS, said verified application constitutes a request for a Speci Amendment, on file in the Carlsbad Planning Department, LINCOLN NORTH POID 109(B) as provided by SP 109 and Government Code Section 65.453 and Title 21 Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of Augus 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 te and arguments, if any, of all persons desiring to be heard, said Commission considered a1 relating to the Specific Plan Amendment; and WHEREAS, on March 20,1973, the City Council approved SP109, as dc and conditioned in Planning Commission Resolution No. 836 and City Council Resolut 3087. i 0 0 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 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Cori RECOMMENDS APPROVAL of LINCOLN NORTH POINTE, SP to repeal SP 109 based on the following findings and subject to the fi conditions: Findings: 1. The subject property was originally processed under Specific Plan 109 in 1 to its location within the Palomar Airport Influence Area. However, th Updated General Plan no longer mandates that projects located within the 1 Airport Influence Area be required to process a specific plan. Instead, L, Element Airport Planning policy C.l requires that all projects that are within the Airport Influence Area be required to process other discrr permits for approval. The proposal to process this project througl discretionary permits (CT, PIP, PUD, HDP, CUP and SUP) is therefore co with the General Plan. Any future development of the subject proper require the approval of a Planned Industrial Permit. 2. The existing SP 109 is obsolete and does not include all the necessary Speci provisions, pursuant to Article 8, Sections 65451 of the California Plann: Zoning Law. 3 All necessary public facilities can be provided concurrent with need and a provisions have been provided to implement those portions of the capital imprc program applicable to the subject property. 4. The proposed industrial uses will be appropriate in area, location and overall desig purpose intended. The design and development standards are such as to CI environment of sustained desirability and stability. Such development wi performance standards established by this title. 5. In the case of other similar non-residential uses, such development will be propo surrounding areas are protected from any adverse effects from such development. 6. The streets and thoroughfares proposed are suitable and adequate to carry the ant traffic thereon. 7. The area surrounding the development is or can be planned and zoned in coordinx substantial compatibility with the development. PC RES0 NO. 4355 i -2- II e e I 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 8. Appropriate measures are proposed to mitigate any adverse environmental i~ noted in the mitigated negative declaration for the project. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all co and modifications to the Specific Plan Amendment document(s) necessary to m: internally consistent and in conformity with final action on the project. Dew shall occur substantially as shown in the approved Exhibits. Any proposed dew different fiom this approval, shall require an amendment to this approval. 2. Approval of SP 109(B) is granted subject to the approval of HDP 98-05/CT 98 98-03PUD 98-O1/CUP 98-08 and PIP 98-07. 3. If any of the foregoing conditions fail to occur; or if they are, by their teru implemented and maintained over time, if any of such conditions fail tc implemented and maintained according to their terms, the City shall have the revoke or modify all approvals herein granted; deny or further condition issuan future building permits; deny, revoke or further condition all certificates of oc issued under the authority of approvals herein granted; institute and prosecute liti: compel their compliance with said conditions or seek damages for their violat vested rights are gained by Developer or a successor in interest by the City’s apl this Specific Plan Amendment. ... ... ... .. . ... ... ... ... ... ... ... ... .. . PC RES0 NO. 4355 -3- b 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 I 1 e a PASSED, APPROVED AND ADOPTED at a regular meeting of the : Commission of the City of Carlsbad, California, held on the 19th day of August 1991 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, h Nielsen, and Welshons NOES: ABSENT: Commissioner Savary ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4355 -4-