HomeMy WebLinkAbout2007-07-18; Planning Commission; Resolution 63211 PLANNING COMMISSION RESOLUTION NO. 6321
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 181(F)
4 TO INCLUDE "EDUCATIONAL FACILITIES, OTHER" AS A
PERMITTED USE SUBJECT TO THE APPROVAL OF A
MINOR CONDITIONAL USE PERMIT AND OTHER
6 RESTRICTIONS WITHIN AREA 1 OF THE CARLSBAD
AIRPORT CENTRE SPECIFIC PLAN ON PROPERTY
7 GENERALLY LOCATED ALONG THE NORTH SIDE OF
PALOMAR AIRPORT ROAD TO THE SOUTH AND WEST OF
8 THE MCCLELLAN-PALOMAR AIRPORT IN LOCAL
9 FACILITIES MANAGEMENT ZONE 5.
CASE NAME: SAN DIEGO GOLF ACADEMY
10 CASE NO.: SP 18KF)
11 WHEREAS, San Diego Golf Academy, "Developer" has filed a verified
12 application with the City of Carlsbad regarding property located in Specific Plan 181 at 1950
13 Camino Vida Roble and described as
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Lots 32, 33 and 34 of Carlsbad Tract No. 81-46, Unit 2, in the
^ City of Carlsbad, County of San Diego, State of California,
,,- according to Map thereof No. 11288, filed in the Office of the
County Recorder of San Diego County, July 16,1985
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Specific Plan
2Q Amendment, to include "Educational Facilities, Other" as a permitted use in Area 1 of
21 Specific Plan 181, Carlsbad Airport Centre Specific Plan, subject to the approval of a
22 Minor Conditional Use Permit and other restrictions, as shown on Exhibit "Z" attached
23 hereto and incorporated by this reference, San Diego Golf Academy, SP 181(F), and
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Government Code Section 65.453 and Title 21 of the Carlsbad Municipal Code: and
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WHEREAS, the Planning Commission did, on the 18th day of July, 2007, hold a26
27 duly noticed public hearing as prescribed by law to consider said request; and
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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.
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5 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.
Q B) That based on the evidence presented at the public hearing, the Commission
9 RECOMMENDS APPROVAL of San Diego Golf Academy, SP 181(F),
according to Exhibit "Z" dated July 18, 2007, attached hereto and made a
10 part hereof, based on the following findings and subject to the following
conditions:
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Findings;
13 1. The Specific Plan Amendment is consistent with the General Plan. Industrial Policy
C.9 of the Land Use Element encourages ancillary or secondary uses within the
14 Planned Industrial (PI) Land Use designation by Minor Conditional Use Permit
when those uses provide support or services for other primary industrial uses and
l-> the employees working in the primary uses. By allowing "Educational Facilities,
, f Other" uses such as trade schools, training institutions or similar educational uses,
services can be provided to the employees that work in the industrial areas. Easier
17 access to these types of educational facilities can assist employees in training
opportunities, professional development and career enhancement. The Amendment
18 also complies with General Plan policies relating to enhancing the economic viability
of the industrial area. Finally, airport operations will not be impacted consistent
with General Plan policies in that any "Educational Facilities, Other" use must be
20 located outside of the Airport Flight Activity Zone and the 65bB CNEL noise
contour, as identified in the McClellan-Palomar Airport Comprehensive Land Use
21 Plan (CLUP).
22 2. Specific Plan 181 is the implementing document for the Zoning Ordinance
,,., applicable to the property. By amending the Specific Plan, the project is consistent
with the Zoning Ordinance as further described in the Staff Report.
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3. The Specific Plan Amendment is consistent with the Comprehensive Land Use Plan
25 (CLUP) for McClellan-Palomar Airport and the San Diego County Regional
Airport Authority approved a Consistency Determination for the project on June 7,
2007. The amendment proposes to restrict "Educational Facilities, Other" uses to
27 locations outside of the Flight Activity Zone and the 65dB CNEL noise contour, as
identified in the CLUP. If located within the 60dB CNEL noise contour, noise
28 attenuation would be required. In addition, such facilities would be restricted to
adult students only (18 years and older) in order not to allow educational uses for
PCRESONO. 6321 -2-
children to be located in close proximity to the airport. With these restrictions, the
2 proposed project is consistent with the Comprehensive Land Use Plan.
3 4. The Specific Plan Amendment requires the approval of a Minor Conditional Use
Permit for any "Educational Facilities, Other" use. By requiring a Minor
Conditional Use Permit, the proposed amendment ensures that concerns such as
- compatibility of use, traffic, parking, etc. can be addressed and the "Educational
Facilities, Other" uses can be conditioned as necessary.
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5. All necessary public facilities, including those required by the Growth Management
7 Ordinance and the Local Facilities Zone 5 Management Plan have already been
provided within the boundaries of Specific Plan 181.8
6. The existing streets and thoroughfares within the boundaries of the Specific Plan are
suitable and adequate to carry the existing traffic thereon.
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7. As restricted by the Specific Plan Amendment, proposed "Educational Facilities,
Other" uses will be appropriate in the area. The design and development standards of the
Specific Plan are such as to create an environment of sustained desirability and stability
and to protect existing uses in the Specific Plan area from any adverse effects.
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8. Appropriate measures are proposed to mitigate any adverse environmental impact as
14 noted in the negative declaration for the project.
15 Condition:
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
1 g 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. 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 Specific Plan
(Carlsbad Airport Centre - SP 181 (F)), in addition to the required number of bound
copies.
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3. Future discretionary acts or projects within this Specific Plan shall comply with the
City's requirements of the National Pollutant Discharge Elimination System
24 (NPDES) permit and the City's Standard Urban Storm Water Mitigation Plan
(SUSMP), both latest editions, to reduce surface pollutants to an acceptable level
25 prior to discharge to sensitive areas.
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PCRESONO. 6321 -3-
NOTICE
2
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
A "fees/exactions."
5 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
6 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.
9 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 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
j 2 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
14 Commission of the City of Carlsbad, California, held on the 18th day of July, 2007, by the
following vote, to wit:
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AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
17 Douglas, Montgomery, and Whitton
18 NOES:
ABSENT:
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ABSTAIN:
21 "
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24 JULIE^AK£R, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:zo
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28 DON NEU
Planning Director
PCRESONO. 6321 -4-
Exhibit "Z"
July 18, 2007
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING AN AMENDMENT TO
3 THE CARLSBAD AIRPORT CENTRE SPECIFIC PLAN (SP
181(F)) TO INCLUDE "EDUCATIONAL FACILITIES, OTHER" AS
4 A PERMITTED USE SUBJECT TO THE APPROVAL OF A
MINOR CONDITIONAL USE PERMIT AND OTHER
5 RESTRICTIONS WITHIN AREA 1 OF THE CARLSBAD AIRPORT
CENTRE SPECIFIC PLAN ON PROPERTY GENERALLY
6 LOCATE ALONG THE NORTH SIDE OF PALOMAR AIRPORT
ROAD TO THE SOUTH AND WEST OF THE MCCLELLAN-
7 PALOMAR AIRPORT IN LOCAL FACILITIES MANAGEMENT
ZONE 5.
8 CASE NAME: SAN DIEGO GOLF ACADEMY
CASE NO.: SP 18KF)
9
The City Council of the City of Carlsbad, California, does ordain as follows:
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WHEREAS, the Carlsbad Airport Centre Specific Plan was originally adopted by
City Council Ordinance No. 9635 on August 3, 1982 and has been amended several times and
contains the uses, development standards and design guidelines for the development of the
subject property; and
WHEREAS, the City Council of the City of Carlsbad has reviewed and
considered a Specific Plan Amendment (SP 181(F)) for the Carlsbad Airport Centre Specific16
Plan; and
WHEREAS, after procedures in accordance with requirements of law, the City
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Council has determined that the public interest indicates that said Specific Plan Amendment (SP
181(F)) be approved.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
22 follows:
SECTION 1: That the Carlsbad Airport Centre Specific Plan (SP 181) is
24 amended to include "Educational Facilities, Other" as a permitted use in Area 1 of the Specific
Plan subject to the approval of a Minor Conditional Use Permit and other restrictions. Section III.
Permitted Uses, A. Area 1 of the Specific Plan is amended to include the following addition:
27 "11. Educational Facilities, Other as defined in Section 21.04.137 of the Zoning
28 Ordinance subject to a Minor Conditional Use Permit and where the facility is for adult (18 years
1 and older) students exclusively, and is located entirely outside of the Flight Activity Zone and
2 entirely outside of the 65 dB CNEL noise contour (as shown in the Comprehensive Land Use
3 Plan for the McClellan-Palomar Airport, dated October, 2004), or where the use is located
4 partially or entirely between the 60 dB CNEL and 65 CNEL noise contours, if interior noise levels
5 are attenuated to 45 dB CNEL (as verified through a site specific acoustical study)."
6 SECTION 2: That the Carlsbad Airport Centre Specific Plan (SP 181), as
7 amended to date, and further amended by Specific Plan Amendment 181(F), dated July 18,
8 2007, is approved.
9 SECTION 3: That the findings and conditions of the Planning Commission in
10 Planning Commission Resolution No. 6321 shall constitute the findings and conditions of the
11 City Council.
12 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
13 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
14 published at least once in a publication of general circulation in the City of Carlsbad within
15 fifteen days after its adoption.
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1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
2 Council on the day of 2007, and thereafter.
3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
4 Carlsbad on the day of 2007, by the following vote, to wit:
5 AYES:
6 NOES:
7 ABSENT:
8 ABSTAIN:
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10 APPROVED AS TO FORM AND LEGALITY
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12 RONALD R. BALL, City Attorney
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CLAUDE A. LEWIS, Mayor
16 ATTEST:
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18 LORRAINE M. WOOD, City Clerk
19 (SEAL)
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SAN DIEGO GOLF ACADEMY
SP181 (F)
--l«"™Ii « » IB-S'r *la
C/fy of Carlsbad
San Diego Golf Academy
SP 181 (F)A Map created by the City of Carlsbad GIS. Portions of
the DERIVED PRODUCT contain geographic information
copvriqhted by SanGIS. AH Riqhts Reserved