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HomeMy WebLinkAbout2002-08-21; Planning Commission; Resolution 52471 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 PLANNING COMMISSION RESOLUTION NO. 5247 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD OAKS NORTH SPECIFIC PLAN SP 21 1 ON PROPERTY GENERALLY NORTH OF PALOMAR AIRPORT ROAD BETWEEN EL CAMINO REAL AND THE CITY’S EASTERN BOUNDARY IN LOCAL FACILITIES MANAGEMENT ZONE 16. CASE NAME: CARLSBAD OAKS NORTH SPECIFIC PLAN CASE NO.: SP 21 1 WHEREAS, Techbilt Construction Corp., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Oaks North Partners, L.P., “Owner,” described as That portion of Lot “B” of Rancho Agua Hedionda, in the County of San Diego, State of California, according to partition map thereof no. 823, filed in the Office of the County Recorder of San Diego County, November 16,1896. (“the Property”); and WHEREAS, said verified application constitutes a request for a Specific Plan as shown on Exhibit “SP 211” dated August 21, 2002, on file in the Carlsbad Planning Department, CARLSBAD OAKS NORTH‘ SPECIFIC PLAN - SP 211 as provided by Government Code Section 65.453; and WHEREAS, the Planning Commission did, on the 21st day of August, 2002, 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 Specific Plan; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 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 B) That based on the evidence presented at the ‘public hearing, the Commission SPECIFIC PLAN, as set forth in Exhibit “Y” attached hereto, based on the following findings [and subject to the following conditions]: RECOMMENDS APPROVAL of SP 211 - CARLSBAD OAKS NORTH Findinm: 1. 2. 3. 4. 5. 6. The proposed development as described by the Specific Plan (SP 211) is consistent with the provisions of the General Plan as set forth in Planning Commission Resolution 5249 and incorporated herein by reference. The proposed plan would not be detrimental to the public interest, health, safety, convenience or welfare of the City in accordance with the findings of EIR 98-08. The project will provide for the orderly development of an industrial park while ensuring compatibility of uses with the surrounding area. The plan includes auxiliary commercial and passive recreational amenities to serve employees and improves traffic circulation through the construction of two circulation arterial roadways. All necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the capital improvement program applicable to the subject property. SP 211 requires the implementation of the Zone 16 LFMP amendment including provisions for facility financing to ensure the adequate provision of all public facilities necessary to serve the development. The industrial and open space portions of the community will constitute an environment of sustained desirability and stability in that more restrictive standards are required by the plan to avoid and/or mitigate land use compatibility impacts resulting from the project’s proximity to existing residential development and natural open space, and that it will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as passive recreation areas and trails are adequate to serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereof. The proposed commercial and industrial uses will be appropriate in area, location and overall design to the purpose intended and create an environment of sustained desirability and stability in that SP 211 provides for light industrial and auxiliary commercial uses thereby developing a base of light, pollution free industries with adequate commercial uses to serve industrial employees with minimal impacts to surrounding land uses through the provision of landscaped buffers, restrictions on noise generation, use of hazardous materials, and lighting. The industrial park is designed with lots that are large and level enough to accommodate industrial development including adequate parking, loading, storage, landscaped perimeter setbacks and manufactured slopes, and properly functioning internal roads with adequately spaced driveways. The design and development standards are such as to ensure future industrial development will meet or exceed performance standards established by Title 21 of PC RES0 NO. 5247 -2- 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 7. 8. 9. 10. 11. 12. the Carlsbad Municipal Code as modified in the Specific Plan to create an industrial park that is compatible with the surrounding environment. In the case of recreational and other similar non-residential uses, (such as trails and passive recreation areas) such development will be proposed, and surrounding areas are protected from any adverse effects from such development through mitigation measures imposed by Final EIR 98-08 to buffer and protect adjacent open space. The streets and thoroughfares proposed are suitable and adequate to carry the anticipated trafic thereon in that the proposed extensions of two circulation arterial roadways, Faraday Avenue and El Fuerte Street, will provide access to the site and traffic mitigation measures required by EIR 98-08 will ensure that roads and intersections impacted by the project within the City’s boundaries will operate at acceptable levels. Any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities of the types needed at such location proposed in that future auxiliary commercial development is required on one lot and permitted on other lots to ensure that commercial services are provided to employees of the industrial park in compliance with the General Plan. The area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development. The surrounding area to the north, south, and west is designated for open space or industrial land use consistent with the proposed development. The project will be compatible with existing residential land use located to the east in the City of Vista through the prohibition of the use of hazardous materials within 1000 feet of residences and provision of land use buffers and more restrictive noise and lighting performance standards. Appropriate measures are proposed to mitigate any adverse environmental impact as noted in the certified program environmental impact report (EIR 98-08) for the project. The proposed plan will contribute to the balance of land use so that local residents may work and shop in the community in which they live in that the Carlsbad Oaks North Specific Plan development will provide additional employment opportunities. Conditions: 1. This approval is granted subject to the certification, adoption and approval of the Environmental Impact Report and Mitigation Monitoring and Reporting Program, GPA 97-05, ZC 97-05, LFMP 89-16(A), CT 97-13, HDP 98-09, PIP 02-02, and SUP 97-07, and is subject to all conditions contained in Planning Commission Resolutions 5244,5245,5246,5248,5249,5250,5251, and 5252 for those other approvals. 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.” PC RES0 NO. 5247 -3- 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 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 fees/exactions 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 21st day of August, 2002, by the following vote, to wit: AYES: Commisioners Baker, Dominguez, Heineman, Trigas, White and Whitton NOES: None ABSENT: Commissioner Segall ABSTAIN: None SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HWZMILYER Planning Director PC RES0 NO. 5247 -4- 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 EXHIBIT “Y” ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SPECIFIC PLAN 21 1 ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD BETWEEN EL CAMINO REAL AND THE CITY’S EASTERN BOUNDARY IN LOCAL FACILITIES MANAGEMENT ZONE 16. CASE NAME: CARLSBAD OAKS N0,RTH SPECIFIC PLAN CASE NO: SP 21 1 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 5247 constitute the findings and conditions of the City Council. SECTION II: That the Carlsbad Oaks North Specific Plan, as shown on Exhibit “SP 21 1 ,” on file in the Planning Department is adopted in its entirety. 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 newspaper of general circulation within fifteen days after its adoption. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of , 2002, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the day of , 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2-