HomeMy WebLinkAbout2008-04-16; Planning Commission; Resolution 64141 PLANNING COMMISSION RESOLUTION NO. 6414
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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)
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14 WHEREAS, CB Ranch Enterprises, A California Corporation,
"Owner/Developer," has filed a verified application with the City of Carlsbad regarding property
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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
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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)
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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
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described and conditioned in Planning Commission Resolution No. 3480 and City Council
Resolution Ordinance No. NS-344.
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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:
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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
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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.
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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:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever occurs first.
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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.
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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.
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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
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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."
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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.
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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)
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The City Council of the City of Carlsbad, California, does ordain as follows:
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WHEREAS, the Carlsbad Ranch Specific Plan was originally adopted by City
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Council Ordinance No. NS-277 on March 16, 1993 and has been amended several times and
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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.
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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.
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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.
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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:
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10 APPROVED AS TO FORM AND LEGALITY
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12 H
RONALD R. BALL, City Attorney
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15 CLAUDE A. LEWIS, Mayor
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ATTEST:
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19 LORRAINE M. WOOD, City Clerk
20 (SEAL)
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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'
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