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HomeMy WebLinkAbout2002-08-21; Planning Commission; Resolution 52511 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. 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. 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 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. ... ... PC RES0 NO. 525 1 -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 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-