Loading...
HomeMy WebLinkAbout2008-04-16; Planning Commission; Resolution 64141 PLANNING COMMISSION RESOLUTION NO. 6414 2 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 4 APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 207(G) 5 TO ALLOW FOR A SECOND DRIVEWAY ACCESS FOR 6 INGRESS ONLY INTO THE ARMSTRONG GARDEN CENTER/FLOWER FIELDS PROPERTY FROM PALOMAR 7 AIRPORT ROAD ON PROPERTY GENERALLY LOCATED 8 NORTHEAST OF PALOMAR AIRPORT ROAD AND PASEO Q DEL NORTH.IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES 10 MANAGEMENT ZONE 13. 11 CASE NAME: PALOMAR AIRPORT ROAD DRIVEWAY 12 CASE NO.: SP 207(G) 13 14 WHEREAS, CB Ranch Enterprises, A California Corporation, "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property 16 described as 1 80 Lot 1 of Carlsbad Tract No. 94-09, Carlsbad Ranch Unit 1 per 19 Map No. 13357, Filed September 11, 1996, in the Office of the 20 County Recorder, as File No. 1997-147754, in the City of Carlsbad, County of San Diego, State of California 22 ("the Property"); and 23 „WHEREAS, said verified application constitutes a request for a Specific Plan 24 25 Amendment as shown on Exhibit(s) "X" dated April 16, 2008, attached hereto, and on file in 26 the Carlsbad Planning Department, PALOMAR AIRPORT ROAD DRIVEWAY - SP 207(G) 27 28 as provided by SP 207(A) and Government Code Section 65.453; and WHEREAS, the Planning Commission did, on April 16, 2008, 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 1 WHEREAS, on January 16, 1996, the City Council approved SP 207(A), as 2 described and conditioned in Planning Commission Resolution No. 3480 and City Council Resolution Ordinance No. NS-344. 5 6 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. 10 B) That based on the evidence presented at the public hearing, the Commission 11 RECOMMENDS APPROVAL OF PALOMAR AIRPORT ROAD DRIVEWAY - SP 207(G) based on the following findings and subject to the following conditions: 13 14 Findings: 1 The proposed development as described by the Specific Plan Amendment (SP 207(G)) 16 is consistent with the provisions of the General Plan, in that the proposed project does 17 not increase the size or alter the allowed uses within Planning Area 7 of the Carlsbad Ranch Specific Plan, and it supports General Plan Open Space and Conservation Element Goals, Policies and Objectives promoting agriculture by 19 making it easier for visitors to access and enjoy the Flower Fields and Armstrong ~r> Garden Center, which in turn ensures the success and viability of those operations. 21 2. The proposal to add a second driveway access for ingress only into the Armstrong 22 Garden Center/Flower Fields property from Palomar Airport Road (PAR) is consistent with the Carlsbad Ranch Specific Plan (SP 207) in that the second driveway will support the existing agricultural and commercial agricultural uses 24 located in Planning Area 7 by making it easier for visitors to access and enjoy the 25 Flower Fields and Armstrong Garden Center, which in turn ensures the success and viability of those operations.26 27 3. The Planning Director has determined that: 28 a. the project is a(n) subsequent activity of the Carlsbad Ranch Specific Plan (SP 207(A)) for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA; [15168(c)(2) and (e)]; and b. this project is consistent with the Carlsbad Ranch Specific Plan cited above; and c. the Carlsbad Ranch Specific Plan EIR 94-01 was certified by the City Council on January 9, 1996 in connection with the prior plan; and PCRESONO. 6414 -2- d. the project has no new significant environmental effect not analyzed as significant 2 in the prior EIR; and 3 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR 5 under CEQA Guidelines Sections 15162 or 15163 exist; and f. all feasible mitigation measures or project alternatives identified in the Carlsbad Ranch Specific Plan EIR 94-01, which are appropriate to this Subsequent Project, have been incorporated into this Subsequent Project. 8 The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 10 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 12 Conditions: 13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 15 16 1- If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 18 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 21 conditions or seek damages for their violation. No vested rights are gained by Developer 22 or a successor in interest by the City's approval of this Specific Plan Amendment. 23 2. Staff is authorized and directed to make, or require Developer to make, all corrections 24 and modifications to the Specific Plan Amendment 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 26 development, different from this approval, shall require an amendment to this approval. 27 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any conditions for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims PCRESONO. 6414 -3- and costs, including court costs and attorney's fees incurred by the City arising, directly 2 or indirectly, from (a) City's approval and issuance of this Specific Plan Amendment, 3 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 5 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 6. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 13 Local Facilities Management Plan and any amendments made to 10 that Plan prior to the issuance of building permits. 11 7. This approval is granted subject to the approval of LCPA 07-07, CUP 98-20(B), and CDP 98-91(A), and is subject to all conditions contained in Planning Commission 13 Resolutions No. 6415, 6416, 6417 for the other approval incorporated herein by 14 reference. 8. Prior to the issuance of any permits for the project, the applicant shall submit to the 16 Planning Director a digital copy and a camera-ready master copy of the Carlsbad Ranch Specific Plan SP 207(G), in addition to the required number of bound copies. 18 NOTICE 19 20 Please take NOTICE that approval of your project includes the "imposition" of fees, 2, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 22 23 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 66020(a), and file the protest and any other required information with the City Manager for 25 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely 26 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.27 28 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 expired. PCRESONO. 6414 -4- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on April 16, 2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Cardosa, Dominguez, Montgomery, and Chairperson Whitton ABSENT: Commissioner Boddy ABSTAIN: Commissioner Douglas ,/FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6414 -5- Exhibit "X" April 16, 2008 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN AMENDMENT TO 3 THE CARLSBAD RANCH SPECIFIC PLAN (SP 207(G)) TO ALLOW FOR A SECOND DRIVEWAY ACCESS FOR INGRESS 4 ONLY INTO THE ARMSTRONG GARDEN CENTER/FLOWER FIELDS PROPERTY FROM PALOMAR AIRPORT ROAD ON 5 PROPERTY GENERALLY LOCATED NORTHEAST OF PALOMAR AIRPORT ROAD AND PASEO DEL NORTE IN THE 6 MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 13. 7 CASE NAME: PALOMAR AIRPORT ROAD DRIVEWAY CASE NO.: SP 207(G) 8 The City Council of the City of Carlsbad, California, does ordain as follows: 9 WHEREAS, the Carlsbad Ranch Specific Plan was originally adopted by City 10 Council Ordinance No. NS-277 on March 16, 1993 and has been amended several times and 11 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 and14 considered a Specific Plan Amendment (SP 207(G)) for the Carlsbad Ranch Specific Plan; and WHEREAS, after procedures in accordance with requirements of law, the City16 Council has determined that the public interest indicates that said Specific Plan Amendment (SP 207(G)) be approved. lo NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION 1: That Specific Plan (SP 207(G)), on file in the Planning Department, ~~ and incorporated herein by reference, is adopted. The Carlsbad Ranch Specific Plan (SP 2^ 207(G)) shall constitute the development plan for the property and all development within the 24 plan area shall conform to the plan. 25 SECTION 2: That the Carlsbad Ranch Specific Plan (SP 207), as amended to 26 date, and further amended by Specific Plan Amendment 207(G), dated April 16, 2008, is 27 approved. 28 1 SECTION 3: That Specific Plan Amendment (SP 207(G)) replaces text on Pg. 2 161 and Figure 49 on Pg. 162 in the Carlsbad Ranch Specific Plan, as shown on Attachments 3 SP 207(G). 4 SECTION 4: That the findings and conditions of the Planning Commission, in 5 Planning Commission Resolution No. 6414, shall constitute the findings and conditions of the 6 City Council. 7 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 8 adoption, but not until Local Coastal Program Amendment LCPA 07-07 is approved by the 9 California Coastal Commission, and the City Clerk shall certify to the adoption of this ordinance 10 and cause it to be published at least once in a publication of general circulation in the City of 11 Carlsbad within fifteen days after its adoption. 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 -2- 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 2 Council on the day of 2008, and thereafter. 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 4 Carlsbad on the day of 2008, by the following vote, to wit: 5 AYES: 6 NOES: 7 ABSENT: 8 ABSTAIN: 9 10 APPROVED AS TO FORM AND LEGALITY 11 12 H RONALD R. BALL, City Attorney 13 14 15 CLAUDE A. LEWIS, Mayor 16 ii ATTEST: 18 19 LORRAINE M. WOOD, City Clerk 20 (SEAL) 21 22 23 24 25 26 27 28 -3- SP 207(G) iii. Accessory uses and structures permitted: Public Rest Rooms, Changing Rooms; Playground Equipment- Fencing, Patios, Stairways, Barbecue and Fire Pits; Parking, Staging, Processing and Storage Areas for agricultural crops; Shade Houses; Facilities for the sale of flowers, produce and other items related to the promotion of the "Flower Fields"; Other similar accessory uses and structures, determined by the Planning Director to be required for the conduct of the principal uses. iv. The following uses and structures are permitted by a conditional use permit: Farmers markets; Private picnic area; Green houses greater than 2,000 sq.ft.; b. Parking Standards Parking spaces for all permitted and ancillary uses shall be provided consistent with Section 21.44 of the Carlsbad Municipal Code. c. Building Height Building Height for all structures within the open space parcels shall not exceed twenty-five feet in height, unless a higher elevation is approved by a conditional use permit issued by the Planning Commission. d. Signs Signs consistent with the style and character of the specific plan shall be utilized for all agricultural, recreational and accessory uses on Open Space Area 7. Signs shall be consistent with Carlsbad Municipal Code Chapter 21.41. e. Access Vehicular access to Planning Area 7 shall be at two (2) a City Engineer approved locations. One on the east side of Paseo del Norte north of the intersection of Paseo del Norte and Palomar Airport Road, and the other (for ingress only), on the north side of Palomar Airport Road east of the intersection. Carlsbad Ranch Specific Plan 161 SP 207(G) LEGOLAND GOLF COURSE PEDESTRIAN WALK SPECIALTY RETAIL RETAINING WALL & PEDESTRIAN PROMENADEPLANNING AREA FLOWER FIELDS HOTEL/ RETAIL VEHICULAR ACCESS & EMPLOYEE/ EQUIP'T PARKING ^ PEDESTRIAN WALK (WITHIN R.O.W.) VEHICULAR ACCESS RIGHT INGRESS ONLY PALOMAR AIRPORT ROAD LAND USE: AGRICULTURE NET PARCEL AREA: 53.42 ACRES DEVELOPMENT PROGRAM: CONTINUATION OF CURRENT USE- FLOWER BULB, CUT FLOWER PRODUCTION. FIGURE 49 PLANNING AREA 7 - FLOWER FIELDS 500' 162