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HomeMy WebLinkAbout2002-08-21; Planning Commission; Resolution 52751 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. 5275 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 200(B) ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD BETWEEN EL CAMINO REAL AND MELROSE DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: CARLSBAD AIRPORT BUSINESS CENTER CASE NO.: SP 20003) WHEREAS, the City of Carlsbad is amending Specific Plan 200(A) regarding property described as Lots 1-38 of Carlsbad Tract 74-21, in the City of Carlsbad, State of California, filed in the office of the County Recorder of San Diego County (“the Property”); and WHEREAS, said verified application constitutes a request for a Specific Plan amendment as shown on Exhibit “Z” dated August 21, 2002, on file in the Carlsbad Planning Department, CARLSBAD AIRPORT BUSINESS CENTER - SP 200(B), as 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 all persons desiring to be heard, said Commission considered all factors relating to the Specific Plan amendment; and WHEREAS, on November 12, 1986, the City Council approved SP 200, as described and conditioned in the Planning Commission Resolution No. 2609 and City Council Ordinance No. 9819, and on March 6, 2001, the City Council approved SP 200(A), as 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 described and conditioned in Planning Commission Resolution No. 4889 and City Council Resolution Ordinance No. NS-573. 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. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CARLSBAD AIRPORT BUSINESS CENTER - SP 200(B), based on the following findings and subject to the following conditions: FindinPs: 1. The proposed amendment to Specific Plan 200(A) to delete Area B from its boundaries and all references to Area B in the document is consistent with the General Plan in that in lieu of amending SP 200(A) to enable development of Area B, a separate Carlsbad Oaks North Specific Plan, SP 211, is proposed for the area known as Area B in SP 200(A), that is entirely consistent with the General Plan in that it will guide the development of a planned industrial park that is compatible with surrounding land uses. 2. The proposed amendment to Specific Plan 200(A) to delete Area B from its boundaries and all references to Area B in the document would not be detrimental to the public interest, health, safety, convenience or welfare of the City in that the Carlsbad Oaks North Specific Plan (SP 211) supersedes SP 200(A) thereby eliminating the need to amend SP 200(A) to enable development of Area B. SP 211 provides development regulations that will guide the development of a quality planned industrial park within the area identified as Area B of SP 200(A). Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Specific Plan (SP 200(B)) document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 2. This approval is granted subject to the certification, adoption and approval of the Environmental Impact Report and Mitigation Monitoring and Reporting Program, and PIP 02-02. GPA 97-05, ZC 97-05, SP 211, LFMP 89-16(A), CT 97-13, HDP 98-09, SUP 97-07, PC RES0 NO. 5275 -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 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: Commissioners Baker, Dominguez, Heineman, Trigas, White, and Whitton NOES: None ABSENT: Commissioner Segall ABSTAIN: None SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HWZMIEER Planning Director PC RES0 NO. 5275 -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 EXHIBIT “2” ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SPECIFIC PLAN 200(A) TO DELETE AREA B FROM ITS BOUNDARIES. CASE NAME: CARLSBAD AIRPORT BUSINESS CENTER CASE NO: SP 200(B) WHEREAS, the City Council of the City of Carlsbad, California has reviewed and considered a Specific Plan Amendment to SP 200(A) to delete Area B from its boundaries and all references to Area B in the document; and WHEREAS, after procedures in accordance with the requirements of law, the City of Carlsbad has determined the public interest indicates that said Specific Plan Amendment be approved. NOW, THEREFORE, the City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That the Carlsbad Airport Business Center Specific Plan Amendment, SP 200(B), dated August 21, 2002, on file in the Planning Department and incorporated herein by reference, is adopted in its entirety. SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 5275 constitute the findings and conditions of the City Council. 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 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 2f 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-