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HomeMy WebLinkAbout1998-04-15; Planning Commission; Resolution 4080II 0 0 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 PLANNING COMMISSION RESOLUTION NO. 4080 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SITE RAIL SERVICE, PARKING AND ACCESS FROM THE WEST AT THE POINSETTIA COMMUTER RAIL STATION ON PROPERTY GENERALLY LOCATED WITHIN THE NORTH COUNTY TRANSIT DISTRICT RIGHT-OF-WAY APPROXIMATELY 2,100 FEET NORTH OF POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: POINSETTIA COMMUTER RAIL STATION CASE NO. : SDP 93-03(A) WHEREAS, North San Diego County Transit Development B “Developer”, has filed a verified application with the City of Carlsbad regarding property c by North San Diego County Transit Development Board, “Owner”, described as DEVELOPMENT PLAN, SDP 93-03 TO ALLOW COMMUTER That portion of lot 1 in section 29, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, in the County of San Diego, State of California, according to the official plat thereof, lying northeasterly of the northeasterly line of the 200 foot wide right-of-way of the Atchison, Topeka and Santa Fe Railway Company and a parcel of land being in the City of Carlsbad, County of San Diego, State of California, and being a portion of the east half of the northeast quarter of section 29, Township 12 South, Range 4 West, San Bernardino Meridian, according to the official plat thereof (“the Property”); and WHEREAS, on May 4, 1994, the Planning Commission approved SDP S as described and conditioned in Planning Commission Resolution No. 3642. WHEREAS, said verified application constitutes a request for a Site Develop Plan Amendment, as provided by the conditions of approval of SDP 93-03 and Chapter 21. the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of April, 199: 7th of May, 1997, the 18th of June, 1997, the 16th of July, 1997, the 20th of August, 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 0 0 the 20th of December, 1997 and 15th of April 1998 hold a duly noticed public hear! prescribed by law to consider said request; and WHEREAS, North San Diego County Transit Development Board h; acknowledged that the City of Carlsbad has jurisdiction to issue, or require that Nortl Diego County Transit Development Board obtain any sort of permit and/or approval the City for the construction and/or continued operation of the Poinsettia Commute1 Station and related uses and improvements. North San Diego County Transit DeveloE Board has therefore, protested; (1) the City’s position that North San Diego County TI Development Board apply for a Site Development Plan, plan extension or modificatia the Poinsettia Commuter Rail Station; (2) the terms and conditions of the Site Develop Plan as stated in Planning Commission Resolution No. 3642 and as modified bJ Planning Commission Resolution No. 4080; and (3) the right of the City to revoke th Development Plan in accordance with its terms; and WHEREAS, the City has been advised by North San Diego County Tr Development Board that it reserves the right to challenge any enforcement of the Development Plan by the City or other past or future action on the part of the City re to the plan and/or any approval from the City for the construction and/or conti operation of the Poinsettia Commuter Rail Station and related uses and improvem and WHEREAS, the City acknowledges that some railroad activities perf01 by North San Diego County Transit Development Board in the operation of the Co line through Carlsbad and at its stations in Carlsbad may be exempt from local lanc 1 PC RES0 NO. 4080 -2- 0 0 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 permitting authority; but does not acknowledge that the activities regulated by this are of that type; and WHEREAS, at said public hearing, upon hearing and considering all testi and arguments, if any, of all persons desiring to be heard, said Commission considered all f relating to SDP 93-03(A). NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla 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 Comm APPROVES POINSETTIA COMMUTER RAIL STATION, SDP 934 based on the following findings and subject to the following conditions: Findings: 1. That the Commuter Rail Station is necessary for the development of the comrr because it creates a transportation node, is essentially in harmony with the VI elements and objectives of the General Plan because it implements an alternative of transportation to the automobile, and is not significantly detrimental to ex uses specifically permitted in the adjacent zone to which the proposed use is locatec 2. That the site is adequate in size and shape to accommodate the existing platform parking. 3. That all the yards, setbacks, walls, fences, landscaping, and other features condition be provided to adjust the use to existing or permitted future uses in the neighbol have been provided and will be maintained, in that the project has completed all ( development conditions required by the original approval. 4. That the street system serving the use is adequate to properly handle all traffic gent by the proposed use. 5. That the operation of the rail station is physically tied to the need for anc operation of the adjacent parking lot. 6. That the Planning Director has determined that the project is exempt fron requirements of the California Environmental Quality Act (CEQA) per Se PC RES0 NO. 4080 -3 - I/ 0 0 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 15301 Class One Existing Facilities of the state CEQA Guidelines and will no1 any adverse significant impact on the environment. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all correl and modifications to the Site Development Plan Amendment document(s), as nece to make them internally consistent and in conformity with final action on the PI Development shall occur substantially as shown in the approved Exhibits. Any pro development different fi-om this approval, shall require an amendment to this appro1 2. All prior exhibits and conditions of Planning Commission Resolution No. 3642 remain in full force and effect except as modified below. 3. Conditions No. 4, 5, 6, 8, 9, and 13 of Planning Commission Resolution No. shall be deleted. 4. North County Transit District (NCTD) shall maintain the 200 foot NCTD rig way from the northernmost to the southernmost points of the commuter rail st property free of weeds and debris. ... ... ... ... . .. ... ... ... ... ..~ ... ~ .. . 1 PC RES0 NO. 4080 -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 a' e PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla Commission of the City of Carlsbad, California, held on the 15th day of April 1998 E following vote, to wit: AYES: Commissioners Compas, Heineman, Monroy, Savary, and Welshons NOES: Chairperson Noble and Commissioner Nielsen ABSENT: ABSTAIN: /i.: I* CARLSBAD PLANNING COMMISSION ATTEST: lm \ MICHAEL J. HXZMIIYER Planning Director PC RES0 NO. 4080 -5-