HomeMy WebLinkAbout1998-08-19; Planning Commission; Resolution 43551
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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
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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-
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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.
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PC RES0 NO. 4355 -3-
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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-