HomeMy WebLinkAbout2002-08-21; Planning Commission; Resolution 52751
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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
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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-
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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 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-
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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.
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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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