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Home My WebLink About1998-04-15; Planning Commission; Resolution 40810 0 L 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. 4081 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT AND EXTENSION OF A CONDITIONAL USE PERMIT TO THE NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD FOR THE POINSETTIA COMMUTER RAIL STATION PARKING LOT ON PROPERTY GENERALLY LOCATED ADJACENT TO THE NORTH COUNTY TRANSIT DISTRICT RAILROAD RIGHT-OF-WAY. APPROXIMATELY 2100 FEET NORTH OF POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: POINSETTIA COMMUTER RAIL STATION CASE NO.: CUP 93 -02X 1 (A) WHEREAS, the North San Diego County Transit Development B8 “Developer”, has filed a verified application with the City of Carlsbad regarding property o by North San Diego County Transit Development Board, “Owner”, described as 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 (all outside of the railroad right-of-way) (“the Property”); and WHEREAS, on May 4, 1994 the Planning Commission approved CUP 93- described in Planning Commission resolution No. 3643; and WHEREAS, said verified application constitutes a request for a Conditiona Permit Extension and Amendment, as provided by the conditions of approval of CUP 93-0 Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of April 1997, tl day of May 1997, the 18th day of June 1997, the 16th day of July 1997, the 20th d 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 e August 1997, the 20th day of December 1997, and the 15th of April 1998 hold a duly nc public hearing as prescribed by law to consider said request; and WHEREAS, North San Diego County Transit Development Board ha 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 Commuter Station and related uses and improvements. North San Diego County Transit Develop Board has therefore, protested; (1) the City’s position that North San Diego County TI Development Board apply for a Conditional Use Permit, permit extension or modific for the Poinsettia Commuter Rail Station parking lot; (2) the terms and conditions t Conditional Use Permit as stated in Planning Commission Resolution No. 3643 a1 modified by this Planning Commission Resolution No. 4081; and (3) the right of the C revoke the Conditional Use Permit in accordance with its terms; and WHEREAS, the City has been advised by North San Diego County TI Development Board that it reserves the right to challenge any enforcement o Conditional Use Permit by the City or other past or future action on the part of the related to the permit and/or any approval from the City for the construction a continued operation of the Poinsettia Commuter Rail Station and related uses improvements; and WHEREAS, the City acknowledges that some railroad activities perfo by North San Diego County Transit Development Board in the operation of the Ca line through Carlsbad and at its stations in Carlsbad may be exempt from local lanl I 1 PC RES0 NO. 4081 -2- 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 e 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 CUP 93-02xl(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 Pla Commission APPROVES POINSETTIA COMMUTER RAIL STAT CUP 93-02xl(A), based on the following findings and subject to the follc conditions: Findings: 1. That the commuter rail station parking lot is necessary for the development c community because it serves a transportation node, is essentially in harmony wii various elements and objectives of the General Plan because it implement alternative form of transportation to the automobile, and is not signific detrimental to existing uses specifically permitted in the adjacent zone to whic proposed use is located. 2. That the site is adequate in size and shape to accommodate the existing parking lot. 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessa adjust the parking lot to existing or permitted future uses in the neighborhood have provided and will be maintained, in that the project has completed all of the phJ improvements required by the original approving resolution. 4. That the street system serving the proposed use is adequate to properly handle all t generated by the use. 5. That current levels of operation of the parking lot consistent with the conditio approval, will not have a significant adverse effect on adjoining exi developments. ~ PC RES0 NO. 4081 -3 - 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 e e 6. That the need for the parking lot is generated by the adjacent rail station an operation of that rail service is physically tied to the operation of the parking IC 7. That the Planning Director has determined that the project is exempt fro] requirements of the California Environmental Quality Act (CEQA) per Sc 15301 Class One Existing Facilities of the state CEQA Guidelines and will no1 any adverse significant impact on the environment. 8. That the need for the parking lot is generated by the adjacent rail station an operation of that rail service is physically tied to the operation of the parking lo Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all cone and modifications to the Conditional Use Permit document(s), as necessary, to them internally consistent and in conformity with final action on the project. proposed development or operation different from this approval, shall requi amendment to this approval. 2. All prior exhibits and conditions of Planning Commission Resolution No. 3643 remain in full force and effect except as modified below. 3. This Conditional Use Permit extension and amendment is granted for a period of fi years from May 4, 1997 to May 4,2002. This Conditional Use Permit shall be rev by the Planning Director periodically to determine if all conditions of this permil been met and that the use does not have a Substantial negative effect on surrou properties or the public health and welfare. If the Planning Director determines th use has such substantial negative effects, the Planning Director shall recommend th Planning Commission, after providing the permittee the opportunity to be heard additional conditions to reduce or eliminate the Substantial negative effects. This p may be revoked at any time after a public hearing, if it is found that the use Substantial detrimental effect on surrounding land uses and the public’s healtl welfare, or the conditions imposed herein have not been met. This permit mi extended for a reasonable period of time not to exceed five years upon \;c application of the permittee made no less than 90 days prior to the expiration date. Planning Commission may not grant such extension, unless it finds that there a Substantial negative effects on surrounding land uses or the public’s health and wc If a Substantial negative effect on surrounding land uses or the public’s health and w is found, the extension shall be denied or granted with conditions which will elimin substantially reduce such effects. There is no limit to the number of extension Planning Commission may grant. ~ 4. Conditions No. 1,3,5,6,8,9,13,17,18 , and 19 of Planning Commission Resol No. 3643 shall be deleted. I -.- 1 PC RES0 NO. 4081 .4- 0 * 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla 2 Commission of the City of Carlsbad, California, held on the 15th day of April 1998 1 3 11 following vote, to wit: 4 5 AYES: Commissioners Compas, Heineman, Monroy, Savary, and Welshons 6 NOES: Chairperson Noble and Commissioner Nielsen 7 8 9 ABSENT: ABSTAIN: 10 , 11 12 13 CARLSBAD PLANNING COMMISSION 14 15 ATTEST: 1 16 17 MICHAEL J. HZLZMMLER 18 19 20 21 22 23 24 25 26 27 28 Planning Director PC RES0 NO. 4081 -5-