HomeMy WebLinkAbout2005-04-06; Planning Commission; Resolution 58751
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PLANNING COMMISSION RESOLUTION NO. 5875
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SPECIFIC PLAN AMENDMENT NO. SP
180(G) TO ALLOW ANCILLARY RECREATIONAL
FACILITIES FOR DEVELOPED PROPERTIES WITHIN THE
CARLSBAD RESEARCH CENTER IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: INVITROGEN RECREATIONAL FACILITIES
CASE NO.: SP 180(G)
WHEREAS, Invitrogen, “Developer/Owner,” has filed a verified application
with the City of Carlsbad regarding property described as
Those portions of lots “F” and “G” of Rancho Agua Hedionda,
according to Map No. 823, filed in the Office of the County
Recorder of the County of San Diego on November 16,1896, as
described in Specific Plan SP 180, on file with the City Clerk of
the City of Carlsbad, in the County of San Diego, State of
California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Specific Plan
Amendment as shown on Exhibit “X” dated April 6, 2005, attached hereto and on file in the
Carlsbad Planning Department, INVITROGEN RECREATIONAL FACILITIES - SP
18O(G) as provided by SP 180 and Government Code Section 65.453; and
WHEREAS, the Planning Commission did, on the 6th day of April, 2005, 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 June 12, 2001, the City Council approved SP 18O(F), as
described and conditioned in Planning Commission Resolution No. 4943 and City Council
Resolution Ordinance No. NS-585.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of INVITROGEN RECREATIONAL
FACILITIES - SP 180(G) based on the following findings and subject to the
following conditions:
FindinPs :
1.
2.
3.
4.
5.
The proposed development as described by the Specific Plan (SP 180(G)) is consistent
with the provisions of the General Plan, in that the proposed private recreational uses
is ancillary to the existing and allowed industrial and office uses; no additional
traffic would be generated by the proposed ancillary private recreational areas, and
outdoor recreational facilities are compatible with the aircraft noise contours up to
70 dBA CNEL.
The proposed development as described in Specific Plan (SP 180(G)) is consistent with
the provisions of the Comprehensive Land Use Plan for McClellan-Palomar Airport in
that no portion of the Carlsbad Research Center Specific Plan area is located within
the Runway Protection Zone or Flight Activity Area and outdoor recreational
facilities are compatible with the aircraft noise contours up to 70 dBA CNEL.
The proposed plan would not be detrimental to the public interest, health, safety,
convenience or welfare of the City, in that the ancillary uses would be incidental to
the existing, allowed office and industrial uses; would not produce additional traffic
generation, and would not expose people to harmful levels of aircraft noise.
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, in that the proposed private recreational
facilities would be located on an existing lot or a vacant adjacent lot within the
developed Carlsbad Research Center Specific Plan area, both of which have public
utility and service infrastructure available on site or at the lot frontage.
The streets and thoroughfares proposed are suitable and adequate to carry the anticipated
traffic thereon, in that no additional traffic would be generated by the proposed
ancillary private recreational uses.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Specific Plan document(s) necessary to make them internally
consistent and in conformity with final action on the project. Development shall occur
PC RES0 NO. 5875 -2-
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substantially as shown in the approved Exhibits. Any proposed development different
from this approval, shall require an amendment to this approval.
2. Prior to the issuance of any permits for the project, the applicant shall submit to the
Planning Director a digital copy and a camera ready master copy of the amendment
proposed through the SP 18O(G) Plan, in addition to the required number of bound
copies.
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 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.
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PC RES0 NO. 5875 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day of April 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Heineman,
Montgomery and Whitton
NOES:
ABSENT: Commissioner Dominguez
ABSTAIN: n JEFFRE . SEGALL, airperson
CARLSBAD PLANNING COMMISSION
A TEST: Lzd
DON NEU
Assistant Planning Director
PC RES0 NO. 5875 -4-