HomeMy WebLinkAbout2002-08-21; Planning Commission; Resolution 52511
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PLANNING COMMISSION RESOLUTION NO. 5251
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AND GRADE THE CARLSBAD OAKS NORTH SPECIFIC
PLAN AREA 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 NORTH SPECIFIC PLAN
PLANNED INDUSTRIAL PERMIT, PIP 02-02, TO SUBDIVIDE
CASE NO.: PIP 02-02
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 Planned
Industrial Permit shown on Exhibit(s) dated ) “A” - c‘UU”, dated August 21,2002, on file in the
Planning Department CARLSBAD OAKS NORTH SPECIFIC PLAN - PIP 02-02, as
provided by Chapter 21.34 of the Carlsbad Municipal Code; 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 persons desiring to be heard, said Commission considered all factors
relating to the Planned Industrial Permit.
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
APPROVES CARLSBAD OAKS NORTH SPECIFIC PLAN - PIP 02-02
based on the following findings and subject to the following conditions:
Findinps:
1. That the site indicated by the Planned Industrial Permit is adequate in size and shape to
accommodate the proposed use, and all yards, spaces, walls, fences, parking, loading,
landscaping and other features required by Chapter 21.34 of the Carlsbad Municipal
Code except as modified by SP 211, in that the proposed industrial subdivision is
consistent with development and design criteria for lot size and configuration and
includes a safe and eficient internal circulation system.
2. That the improvements indicated on the Planned Industrial Permit are located in such a
manner to be related to existing and proposed streets and highways, in that the
additional roadways (Faraday Avenue and El Fuerte Street) will provide for
additional routes of travel, reduce conflict on roadways, and facilitate alternate
modes of transportation.
3. That the improvements as shown on the Planned Industrial Permit are consistent with the
intent and purpose of this zone and all adopted development, design and performance
standards as set forth Chapter 21.34 of the Carlsbad Municipal Code except as modified
by SP 211, in that the industrial subdivision will result in a high quality industrial
park that is consistent with applicable development standards for landscaped
setbacks, lot size and configuration. The project is consistent with the PI and OS
land uses to the north, south, and west, and compatible with residential land use to
the east through the prohibition of hazardous materials within 1000 feet of
residences and more restrictive noise and lighting performance standards. The
project provides adequate open space through the preservation of an HMP wildlife
conservation area. The proposed circulation system includes two General Plan
Circulation Element arterial roadways that are compatible with the circulation
patterns on adjoining properties. Faraday Avenue will be extended between its
existing termini on adjacent properties to the east and west and El Fuerte Street
extend from its existing terminus on the adjacent property to the south to Faraday
Avenue. The internal street system is safe and efficient in accordance with City
standards and provides two points of access from circulation arterial roadways.
Conditions:
1. This approval is granted subject to the certification and approval of the Environmental
Impact Report and Mitigation Monitoring and Reporting Program, GPA 97-05, ZC
97-05, SP 211, LFMP 89-16(A), CT 97-13, HDP 98-09, and SUP 97-07, and is subject
to all conditions contained in Planning Commission Resolutions 5244, 5245, 5246,
5247,5248,5249,5250, and 5252 for those other approvals.
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PC RES0 NO. 525 1 -2-
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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.”
You have 90 days from date of 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 feedexactions
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: Commissioners Baker, Dominguez, Heineman, Trigas, White, and
Whitton
NOES: None
ABSENT: Commissioner Segall
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HmZMKLER
Planning Director
PC RES0 NO. 5251 -3-