HomeMy WebLinkAbout2016-08-17; Planning Commission; Resolution 71881
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PLANNING COMMISSION RESOLUTION NO. 7188
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN
AMENDMENT NO. 211(B) TO REMOVE A REQUIREMENT FOR LOT 1 OR 2
OF THE CARLSBAD OAKS NORTH BUSINESS PARK SPECIFIC PLAN TO BE
DEVELOPED WITH COMMERCIAL SUPPORT USES ON PROPERTY
GENERALLY LOCATED AT THE SOUTHWEST AND NORTHWEST CORNERS
OF FARADAY AVENUE AND EL FUERTE STREET WITHIN THE CARLSBAD
OAKS NORTH BUSINESS PARK IN LOCAL FACILITIES MANAGEMENT ZONE
16.
CASE NAME: CARLSBAD OAKS NORTH SPECIFIC PLAN
AMENDMENT FOR LOTS 1 & 2
CASE NO.: SP 211(B)
WHEREAS, Ladwig Design Group, LLC, "Developer," has filed a verified application with
the City of Carlsbad regarding property owned by Techbuilt Construction Corp. and Carlsbad Oaks North
Ventures, LP, "Owner," described as
Lots 1 & 2 of Carlsbad Tract No. 97-13-1, Carlsbad Oaks North Phase 1,
in the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 14926, filed in the office of the County
Recorder of San Diego County, December 15, 2004
("the Property"); and
WHEREAS, said verified application constitutes a request for a Specific Plan Amendment,
on file in the Carlsbad Planning Division, SP 211(B)-CARLSBAD OAKS NORTH LOTS 1 & 2, as provided by
Government Code Section 65453; and
WHEREAS, the proposed SP 211(B)-CARLSBAD OAKS NORTH LOTS 1 & 2 is set forth
and attached in the draft City Council Ordinance, Exhibit "X" dated August 17, 2016, and attached
hereto; and
WHEREAS, the Planning Commission did, on August 17, 2016, 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
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WHEREAS, on October 15, 2002, the City Council approved SP 211, as described and
conditioned in Planning Commission Resolution No. 5247 and City Council Ordinance No. NS-646, as
amended.
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 SP 21l(B)-CARLSBAD OAKS NORTH LOTS 1 & 2 based on
the following findings and subject to the following conditions:
10 Findings:
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1.
2.
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4.
5.
The proposed amendment as described by the Specific Plan Amendment (SP 21l(B)), is consistent
with the provisions of the General Plan in that it will promote the continued growth of industrial
uses with reasonable access to existing nearby commercial development that will help reduce
vehicle trips and potential air quality impacts of the business park's development.
The proposed plan amendment to remove the requirement for development of commercial
support uses on either Lot 1 or Lot 2 would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City in that either of the lots, or the other lots designated
as "auxiliary use" lots could be developed with industrial uses by right, or with commercial
support uses by approval of a conditional use permit as provided for within the Carlsbad Oaks
North Specific Plan.
That the Carlsbad Oaks North Specific Plan will continue to be the controlling document for the
development of the Carlsbad Oaks North Business Park. It will continue to further the
objectives and policies of the General Plan and not obstruct their attainment. The proposed
amendment to the Carlsbad Oaks North Specific Plan is consistent with the intent and purpose
of the existing Specific Plan to ensure an industrial development that conforms to the
community goals and values for industrial development.
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.
The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic
thereon in that removal of the requirement for development of commercial support use on
either Lot 1 or Lot 2 could result in a decrease, and would not result in any increase, in
associated traffic and vehicle trips previously assessed for the Carlsbad Oaks North Specific
Plan, and no new or modified streets are required as a result of SP 211(B).
6. 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 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.
PC RESO NO. 7188 -2-
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Conditions:
1.
2.
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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 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 conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the City's approval of this Specific Plan Amendment.
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 substantially as shown in
the approved Exhibits. Any proposed development, different from this approval, shall require an
amendment to this approval.
Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition 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.
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 and
costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly,
from (a) City's approval and issuance of this Specific Plan Amendment, (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, 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.
Within one (1) month of City Council approval, the applicant shall submit to the City Planner a
digital copy and a camera-ready master copy of SP 211(8), in addition to six bound copies of
SP 211(8).
PC RESO NO. 7188 -3-
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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 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 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 fees/exactions DOES NOT
8 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
9 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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PC RESO NO. 7188 -4-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on August 17, 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Anderson, Commissioners Black, L'Heureux, Montgomery,
Segall and Siekmann
Commissioner Goyarts
~~~w
VEL YN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATIEST:
DON NEU
City Planner
PC RESO NO. 7188 -5-
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ORDINANCE NO.
EXHIBIT "X"
August 17, 2016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING AN AMENDMENT TO
THE CARLSBAD OAKS NORTH SPECIFIC PLAN (SP 211(A)) TO
REMOVE A REQUIREMENT FOR LOT 1 OR 2 OF THE
CARLSBAD OAKS NORTH BUSINESS PARK SPECIFIC PLAN TO
BE DEVELOPED WITH COMMERCIAL SUPPORT USES ON
PROPERTY GENERALLY LOCATED AT THE SOUTHWEST AND
NORTHWEST CORNERS OF FARADAY AVENUE AND EL
FUERTE STREET WITHIN THE CARLSBAD OAKS NORTH
BUSINESS PARK AND IN LOCAL FACILITIES MANAGEMENT
ZONE 16.
CASE NAME:
CASE NO.:
CARLSBAD OAKS NORTH LOTS 1 & 2
SP 211(B)
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the Carlsbad Oaks North Specific Plan was originally adopted by
City Council Ordinance No. NS-646 on October 15, 2002, has been amended and contains
the uses, development standards and design guidelines for the development of the
Specific Plan area; and
WHEREAS, the Carlsbad Oaks North Specific Plan is the implementing
ordinance for this property; and
WHEREAS, the City Council of the City of Carlsbad has reviewed and
considered a Specific Plan Amendment (SP 211(B)) for the Carlsbad Oaks North Specific Plan;
and
WHEREAS, the amendment is desirable to allow for the full range of
development permitted under the Specific Plan, which could include either industrial or
commercial support uses on Lots 1 and 2 in the Carlsbad Oaks North Business Park, which
is located in proximity to several existing commercial support uses; and
Ill
Ill
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2 WHEREAS, after procedures in accordance with requirements of law, the City
3 Council has determined that the public interest indicates that said Specific Plan Amendment
4 (SP 211(B}} be approved.
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NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows
1. The above recitations are true and correct.
2. The Carlsbad Oaks North Specific Plan (SP 211(B)), on file in the Planning
incorporated herein by reference, is adopted. The Carlsbad Oaks North
Specific Plan (SP 211(B)) shall constitute the zoning for the property and all development of
the property shall conform to the Specific Plan.
3. The Carlsbad Oaks North Specific Plan (SP 211(A)), as amended by
Specific Plan Amendment SP 211(B), dated August 17, 2016, is approved.
4~ Specific Plan Amendment (SP 211(B)) amends several pages of the
Carlsbad Oaks North Specific Plan, as shown on the attached "Exhibit SP 211(8)". Removal
of text is presented in a strikethrough type format, while new additional text is shown in
underlined type format.
5. The findings and conditions of Planning Commission Resolution No. 7188
shall also constitute the findings and conditions ofthe City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text
of the ordinance or a summary of the ordinance prepared by the City Attorney to be
published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen days after its adoption.
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2 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
3 Council on the __ day of -----' 2016, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
3 Carlsbad on the __ day of ____ _, 2016, by the following vote, to wit:
4 AYES:
5 NOES:
6 ABSENT:
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I APPROVED AS TO FORM AND LEGALITY:
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12 CELIA A. BREWER, City Attorney
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MATI HALL, Mayor
ATIEST:
BARBARA ENGLESON, City Clerk
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