HomeMy WebLinkAbout2002-08-21; Planning Commission; Resolution 52471
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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.
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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:
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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-
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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-
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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-
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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.
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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)
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