HomeMy WebLinkAbout2000-06-07; Planning Commission; Resolution 47871
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PLANNING COMMISSION RESOLUTION NO. 4787
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
PLANNING COMMISSION DETERMINATION OF
REDEVELOPMENT PLAN CONSISTENCY WITH THE
GENERAL PLAN ON PROPERTY GENERALLY LOCATED
ALONG PORTIONS OF CARLSBAD BOULEVARD, PONTO
ROAD, AND CANNON ROAD, INCLUDING THE ENCINA
POWER GENERATING PLANT, SAN DIEGO GAS AND
ELECTRIC RIGHT-OF-WAY, OTHER PUBLIC RIGHTS-OF-
WAY, AND VARIOUS INDUSTRIAL, SERVICE AND
RESIDENTIAL PROPERTIES IN THE PONTO DRIVE AREA
IN LOCAL FACILITIES MANAGEMENT ZONES 3,9,13 AND
22.
CASE NAME: SOUTH CARLSBAD COASTAL REDEVEL-
OPMENT PROJECT
CASE NO: PCD/GPC 00-02
WHEREAS, the Housing and Redevelopment Commission (“Commission”)
and the City Council of the City of Carlsbad (“City Council”) are preparing and considering
the adoption of a Redevelopment Plan for the South Carlsbad Redevelopment Project
(“Plan”); and
WHEREAS, the Planning Commission did adopt Resolution No. 4656 on
October 6, 1999, approving a Preliminary Plan for the South Carlsbad Coastal
Redevelopment Project; and
WHEREAS, Section 33346 of the California Community Redevelopment Law
(“Law”) provides that before the proposed Plan is submitted to the City Council for
consideration, it shall be first submitted to the Planning Commission for its report and
recommendation concerning the Plan and its conformity to the City’s General Plan; and
WHEREAS, Section 65402 of the Government Code provides in part:
(4 “If a general plan or part thereof has been adopted, no real
property shall be acquired by dedication or otherwise for street, square, park, or other
public purposes, and no real property shall be disposed of, no street shall be vacated or
abandoned, and no public building shall be constructed or authorized, if the adopted
general plan or part thereof applies thereto, until the location, purpose and extent of such
acquisition or disposition, such street vacation or abandonment, or such public building or
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structure have been submitted to and reported upon by the planning agency as to
conformity with said adopted general plan or part thereof....“; and
@I A local agency shall not acquire real property for any of the
purposes specified in paragraph (a) nor dispose of any real property, nor construct or
authorize a public building or structure, in any county or city, if such county or city has
adopted a general plan or part thereof is applicable thereto, until the location, purpose and
extent of such acquisition, disposition, or such public building or structure have been
submitted to and reported upon by the planning agency having jurisdiction, as to
conformity with said adopted general plan or part thereof...“; and
WHEREAS, the Planning Commission has received and reviewed the Plan in the
form on file in the Planning Department and incorporated by this reference as Exhibit “A”; and
WHEREAS, the proposed boundaries of the Project Area (“Project Area”)
incorporate territories within the jurisdiction of the City of Cat&bad General Plan; and
WHEREAS, the Plan proposes land use controls, permitted uses, public uses,
interim uses, and general land use controls and limitations, in a manner consistent with
applicable City General Plan policies as follows:
1. Section 518 of the Plan provides that public improvements to he
undertaken by the Commission are identified in the General Plan and capital improvement
programs, and incorporates said documents by reference; and
2. Section 527 of the Plan provides that all development, whether public or
private, must conform to the Plan and all applicable federal, State, and local laws,
including without limitation the General Plan, zoning ordinance, and all other State and
local building codes, guidelines, or specific plans as they now exist or are hereafter
amended; and
3. Section 528 of the Plan provides that all real property sold, leased or
conveyed by the Commission, as well as property subject to Owner Participation
Agreements between the Commission and property owners, shall he made subject to the
provisions of the General Plan, zoning ordinance, and all other State and local building
codes, guidelines, or specific plans as they now exist or are hereafter amended; and
4. Section 601 of the Plan provides that the land uses permitted by the Plan
shall be those permitted by the General Plan, zoning ordinance, and all other State and
local building codes, guidelines, or specific plans as they now exist or are hereafter
amended; and
5. Section 603 of the Plan provides that the street system in the Project Area
shall be developed in accordance with the General Plan, zoning ordinance, and all other
State and local building codes, guidelines, or specific plans as they now exist or are
hereafter amended; and
6. Section 606 of the Plan provides that any interim uses shall conform to
the General Plan, zoning ordinance, and all other State and local building codes, guidelines
or specific plans as they now exist or are hereafter amended; and,
PC RESO NO. 4787 -2.
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7. Section 607 of the Plan provides that no real property shall he developed,
redeveloped, rehabilitated, or otherwise changed after the date of the adoption of the Plan
except in conformance with the goals and provisions of this Plan and the regulations and
requirements of the General Plan, zoning ordinance, and all other State and local building
codes, guidelines, or specific plans as they now exist or are hereafter amended; and
8. Section 607 of the Plan also provides that the type, size, height, number,
and use of buildings in the Project Area will be controlled by the General Plan, zoning
ordinance, and all other State and local building codes, guidelines, or specific plans as they
now exist or are hereafter amended; and
9. Section 610 of the Plan provides that the number of dwelling units in the
Project Area shall be regulated by the General Plan; and
10. Section 611 of the Plan provides that the amount of open space in the
Project Area is to be the areas so designated by the General Plan, zoning ordinance, and all
other state and local building codes, guidelines, or specific plans as they now exist or are
hereafter amended.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of Carlsbad as follows:
A. That the foregoing recitations are true and correct.
B. The Planning Commission hereby reports, finds, and determines that the
Redevelopment Plan for the South Carlshad Coastal Redevelopment Project
conforms to the City of Carlsbad General Plan.
C. The Planning Commission hereby recommends that the City Council and
Commission adopt the Redevelopment Plan for the South Carlsbad Coastal
Redevelopment Project.
D. The Planning Commission hereby FINDS and DETERMINES, pursuant to
Section 65402 of the Government Code, that the location, purpose, and extent
of any acquisition or disposition of real property for street, square, park, or
other public purpose, or construction or authorization of a public building or
structure by the Commission for the purpose of carrying out the
Redevelopment Plan conforms to the General Plan of the City.
E. The Planning Commission hereby authorizes and directs the officers, employees,
staff, consultants, and attorneys for the Planning Commission to take any and all
actions that may be necessary to effectuate the purposes of this Resolution or which
are appropriate or desirable in the circumstances. In the event that prior to the
adoption of the Plan, the Commission or City Council desire to make any minor,
technical, or clarifying changes to the Plan, the Planning Commission hereby finds
and determines that any such minor, technical, or clarifying changes need not be
referred to it for further report and recommendation,
,
PC RESO NO. 4787 -3-
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This Resolution shall constitute the report and recommendation of the
Planning Commission on the Redevelopment Plan to the Commission and City Council
pursuant to Section 33346 of the Law.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of June, 2000 by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Baker, Heineman,
L’Heureux, Nielsen, Segall, and Trigas
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4787 -4-