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HomeMy WebLinkAbout2019-04-17; Planning Commission; Resolution 7319PLANNING COMMISSION RESOLUTION NO.7319 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN NO. SP 2018-0001 ON PROPERTY GENERALLY LOCATED NORTH AND SOUTH OF LIONSHEAD AVENUE BETWEEN MELROSE DRIVE AND THE EASTERN CITY BORDER WITHIN THE CARLSBAD RACEWAY BUSINESS PARK IN LOCAL FACILITIES MANAGEMENT ZONE 18 CASE NAME: CASE NO.: CARLSBAD RACEWAY SPECIFIC PLAN SP 2018-0001 (DEV2018-0077) WHEREAS, Carlsbad Industrial Park, LP, "Developer/Owner" has filed a verified application with the City of Carlsbad regarding property described as Lots 1-28 of Carlsbad Tract CT 98-10, in the City of Carlsbad, County of San Diego, State of California, according to Map Thereof No. 15013, filed in the Office of the County Recorder of San Diego County, May 3, 2005 ("the Property"); and WHEREAS, said verified application constitutes a request for a Speciflc Plan, on file in the Carlsbad Planning Division, SP 2018-0001 -CARLSBAD RACEWAY SPECIFIC PLAN as provided by Government Code Section 65453; and WHEREAS, the proposed SP 2018-0001-CARLSBAD RACEWAY SPECIFIC PLAN is set forth and attached in the draft City Council Ordinance, Exhibit "X" dated, April 17, 2019, and attached hereto; and WHEREAS, the Planning Commission did, on April 17, 2019, 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. 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. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of SP 2018-0001-CARLSBAD RACEWAY SPECIFIC PLAN based on the following findings and subject to the following conditions: Findings: 1. The project, as 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 April 17, 2019 including, but not limited to the following: A. Land Use -The Specific Plan is consistent with the elements and objectives of the General Plan as discussed in Section "A" of the project staff report. The Specific Plan implements the prior industrial subdivision of Carlsbad Tract CT 98-10 by providing for industrial and conditionally-permitted commercial land uses in the eastern edge of the city and preserves open space habitat. The continued bui.ld out of the Specific Plan will satisfy the goal of continued economic growth by providing the development of industrial and conditionally- permitted commercial uses to serve as an employment base for both the community and the region. Therefore, the Specific Plan complies with the Planned Industrial {Pl) and Open Space {OS) General Plan Land Use designations. B. Mobility -All projects within the Carlsbad Raceway Specific Plan area will be designed to meet applicable circulation requirements which include appropriate driveway access points from Lionshead Avenue, Melrose Drive, or Eagle Drive. In addition, applicants will be required to pay traffic impact fees prior to issuance of a building permit that will go towards future road improvements. C. Noise -All existing and proposed uses within the proposed Carlsbad Raceway Specific Plan area are required to meet the performance standards within the Specific Plan and the P-M Zone. This includes the maximum allowable exterior noise level of any use shall not exceed 65 Ldn as measured at the property line. D. Public Safety -Any proposed structural improvements are required to be designed in conformance with all seismic design standards and will be required to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. 2. The proposed plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the city in that the Specific Plan provides development standards and regulations that are intended to promote a well-designed and compatible development within the area identified as the Carlsbad Raceway Specific Plan area. 3. 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 in that all projects within the Specific Plan area have been or will be conditioned to implement required infrastructure improvements consistent with the Zone 18 LFMP. 4. The proposed commercial and industrial uses will be appropriate in area, location, and overall design to the purpose intended in that the uses will serve workers and residents of the City of Carlsbad. The design and development standards are such as to create an environment of sustained desirability and stability. Such development will meet performance standards established by this title in that the Specific Plan requires project compliance with the development standards of the Planned Industrial {P-M) Zone, and provides additional development standards for certain uses in addition to general site and architectural design standards. PC RESO NO. 7319 ~2- 5. In the case of institutional, recreational, and other similar nonresidential uses, such development will be proposed, and surrounding areas are protected from any adverse effects from such development in that the Specific Plan guides development and provides for the design, development, and operation of an industrial park, but continues to allow all permitted and conditionally-permitted uses of the existing P-M Zone in addition to allowing electric vehicle dealerships as a conditionally-permitted use subject to the development standards of the P-M zone, the Specific Plan, and any conditions of approval. 6. The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon in that the Specific Plan area will not generate any significant increase in average daily trips, and the existing roadways (Lionshead Avenue, Eagle Drive, and Melrose Avenue) are fully improved and capable of handling all proposed vehicle trips. 7. Any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities of the types needed at such location proposed. 8. The area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development in that all lots within the Specific Plan area have been previously graded and/or developed with industrial buildings with the exception of the lots designated as Open Space. The surrounding lots consist of existing industrial development, graded pads for future industrial development, or open space, which are consistent with the existing and proposed land uses within the proposed Carlsbad Raceway Specific Plan area. 9. The proposed plan will contribute to the balance of land use so that local residents may work and shop in the community in which they live in that the Specific Plan area continues to allow uses that serve as an employment base for both the community and region, and allowing electric vehicle dealerships in close proximity to housing and employment areas ·will conveniently serve both residents and persons employed locally. Conditions: 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 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. 2. 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 shciwn in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner a digital copy and a camera-ready master copy of the CARLSBAD RACEWAY SPECIFIC PLAN -SP 2018-0001, in addition to the required number of bound copies. PC RESO NO. 7319 -3- 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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. 6. 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, (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. 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 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. PC RESO NO. 7319 -4- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on April 17, 2019, by the following vote, to wit: AYES: Chair Luna, Commissioners Anderson, Geidner, Lafferty, Merz, and Stine NOES: ABSENT: Commissioner Meenes ABSTAIN: Carolyn Luna, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7319 -5-