HomeMy WebLinkAbout2006-03-15; Planning Commission; Resolution 60421 PLANNING COMMISSION RESOLUTION NO. 6042
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SPECIFIC PLAN AMENDMENT SP 19(1) ON
4 PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF CANNON ROAD, NORTH AND WEST OF CAR
COUNTRY DRIVE, AND EAST OF INTERSTATE 5 WITHIN
6 THE MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE
7 3.
CASE NAME: CAR COUNTRY SPECIFIC PLAN
8 AMENDMENT
9 CASE NO.: SP 19(D
10 WHEREAS, Lexus Carlsbad, "Developer," has filed a verified application with
the City of Carlsbad regarding properties located within the Car Country Carlsbad Specific
12 Plan Area, described as
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Lots 1 through 11 of Carlsbad Tract Map 72-3, in the City of
14 Carlsbad, County of San Diego, State of California, according
to map thereof no. 7492, filed in the Office of the County
Recorder of San Diego, November 30, 1972 as file number
320455
17 and
18 Lots 1 through 10 of Carlsbad Tract Map 87-3, in the City of
Carlsbad, County of San Diego, State of California, according
19 to map thereof no. 12242, filed in the Office of the County
20 Recorder of San Diego, October 28, 1988 as file number 88-
552341
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Specific Plan
24 amendment as shown on Exhibit "X" dated March 15, 2006, on file in the Carlsbad Planning
25 Department, CAR COUNTRY SPECIFIC PLAN AMENDMENT - SP 19(1) as provided by
Government Code Section 65453; and
27 WHEREAS, the Planning Commission did, on the 15th day of March 2006, hold a duly
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noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Specific Plan Amendment SP 19(1).
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission of the City of Carlsbad as follows:
7 A) That the foregoing recitations are true and correct.
o B) That based on the evidence presented at the public hearing, the Commission
9 RECOMMENDS APPROVAL of CAR COUNTRY SPECIFIC PLAN
AMENDMENT - SP 19(1) based on the following findings and subject to the
10 following conditions:
11 Findings:
12 1. The Planning Commission finds that the Specific Plan Amendment (SP 19(1)), as
13 conditioned herein, is in conformance with the Elements of the City's General Plan based
on the facts set forth in the staff report dated March 15,2006.
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2. The Specific Plan Amendment is consistent with the intent and guidelines of the
existing Specific Plan.
3. The proposed Specific Plan Amendment would not be detrimental to the public interest,
17 health, safety, convenience or welfare of the City.
18 4. All necessary public facilities can be provided concurrent with need and adequate
provisions have been provided to implement those portions of the capital improvement
19 program applicable to the subject property.
5. The proposed commercial uses will be appropriate in area, location and overall design to
the purpose intended. The design and development standards are such as to create an
environment of sustained desirability and stability. Such development will meet
22 performance standards established by this title.
23 6. The existing streets and thoroughfares proposed are suitable and adequate to carry the
anticipated traffic thereon.
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7. The area surrounding the development is planned and zoned in coordination and
substantial compatibility with the development.
8. No environmental impacts have been identified as noted in the Negative Declaration
27 prepared for the proposed Specific Plan Amendment.
28 9. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994.
PC RESO NO. 6042 -2-
10. The Planning Commission has reviewed each of the exactions imposed on the Developer
2 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
3 degree of the exaction is in rough proportionality to the impact caused by the project.
4 Conditions;
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
7 substantially as shown in the approved Exhibits. Any proposed development different
from this approval, shall require an amendment to this approval.
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2. This approval is granted subject to the approval of the Negative Declaration and LCPA
02-11 and is subject to all conditions contained in Planning Commission Resolutions No.
1 „ 6041 and 6043 for those other approvals incorporated herein by reference.
3. 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 CAR
12 COUNTRY SPECIFIC PLAN - SP 19(1), in addition to the required number of
bound copies.
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14 NOTICE
15 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
16 "fees/exactions."
17 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
18 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
19 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.
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
22 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 fees/exactions 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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PCRESONO. 6042 -3-
1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
2 Commission of the City of Carlsbad, California, held on the 15th day of March 2006, by the
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following vote, to wit:4
r AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall and Whitton
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NOES:
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ABSENT:8
9 ABSTAIN:
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13 MARTELL B. MONT^fOMER^VfOnairperson
CARLSBAD PLANNING COMMISSION
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15 ATTEST:
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DON NEU
18 Assistant Planning Director
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PC RESO NO. 6042 -4-
Exhibit "X"
March 15, 2006
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO
3 THE CAR COUNTRY SPECIFIC PLAN, SP 19(1) TO ALLOW
MODIFICATIONS TO THE CAR COUNTRY SPECIFIC PLAN
4 AND TO CONSOLIDATE SP 19 AND SP 19(C) INTO ONE
DOCUMENT.
5 CASE NAME: CAR COUNTRY SPECIFIC PLAN AMENDMENT
CASE NO.: SP 19(1)
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The City Council of the City of Carlsbad, California, does ordain as follows:
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WHEREAS, the City Council approved the Car Country Specific Plan SP 19 on8
January 18, 1972 by adopting Ordinance No. 9288; and
WHEREAS, the City Council approved an amendment to the Car Country
Specific Plan SP 19(A) on June 19, 1984 by adopting Ordinance No. 9720; and
WHEREAS, the City Council approved an amendment to the Car Country
Specific Plan SP 19(B) on January 22, 1985 by adopting Ordinance No. 9734; and
WHEREAS, the City Council approved an expansion to the Car Country Specific
Plan SP 19(C) on December 22, 1987 by adopting Ordinance No. 9842; and
WHEREAS, the City Council approved an amendment to the Car Country
Specific Plan SP 19(D) on October 6, 1992 by adopting Ordinance No. NS-214; and
WHEREAS, the City Council approved an amendment to the Car Country
19 Specific Plan SP 19(E) on August 20, 1991 by adopting Ordinance No. NS-116; and
20 WHEREAS, an application for an amendment to the Car Country Specific Plan
SP 19(F) was applied for and withdrawn; and
22 WHEREAS, the City Council approved an amendment to the Car Country
23 Specific Plan SP 19(G) on June 27, 1995 and July 18, 1995 by adopting Ordinance No. NS-315
24 and NS-317, respectively; and
25 WHEREAS, the City Council denied an amendment to the Car Country Specific
26 Plan SP 19(H) on April 23, 1996 by adopting City Council Resolution 96-141; and
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1 WHEREAS, after procedures in accordance with the requirements of law, the
2 City Council has determined that the public interest indicates that said specific plan amendment
3 SP 19(1) be approved; and
4 WHEREAS, the City Council did on the day of
5 2006 hold a duly noticed public hearing as prescribed by law to consider said request; and
6 WHEREAS, said application constitutes a request for a Specific Plan
7 Amendment as shown on Exhibit "SP 19(1)" dated March 15, 2006 incorporated by reference.
8 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
9 follows:
10 SECTION I: That Specific Plan Amendment SP 19(1) dated March 15, 2006
attached hereto, and incorporated herein by reference, is approved. The Specific Plan shall
171Z> constitute the development plan for the property and all development within the plan area shall
conform to the plan.
14 SECTION II: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 6042 shall also constitute the findings and conditions of
16 the City Council.
17 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty
18 days after its adoption but not until approved by the California Coastal Commission, and the
19 City Clerk shall certify to the adoption of this ordinance and cause it to be published at least
20 once in a publication of general circulation in the City of Carlsbad within fifteen days after its
21 adoption.
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1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
2 Council on the day of 2006, and thereafter.
3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
4 Carlsbad on the day of 2006, by the following vote, to wit:
5 AYES:
6 NOES:
7 ABSENT:
8 ABSTAIN:
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CLAUDE A. LEWIS, Mayor
13 ATTEST:
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15 LORRAINE M. WOOD, City Clerk
16 (SEAL)
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