HomeMy WebLinkAbout1999-05-05; Planning Commission; Resolution 45381
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PLANNING COMMISSION RESOLUTION NO. 4538
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SPECIFIC PLAN AMENDMENT NO. SP
207(D) TO PERMIT A MUSEUM OPEN TO THE PUBLIC
WITH INCIDENTIAL RETAIL SALES RELATED TO THE
MUSEUM ON PROPERTY GENERALLY LOCATED AT 5790
ARMADA DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 13.
CASE NAME: NAMM MUSEUM OF MAKING MUSIC
CASE NO.: SP 207(D)
WHEREAS, NAMM, “Developer” and “Owner”, has filed a verified a]
with the City of Carlsbad regarding property described as
Lot 8 of Carlsbad Tract No. 94-09 in Carlsbad Ranch Unit 1
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Spec
amendment as shown on draft City Council Ordinance Exhibit “E” dated April ;
attached hereto, NAMM MUSEUM OF MAKING MUSIC, SP 207(D) as provid
207 (A) and Government Code Section 65453; and
WHEREAS, the Planning Commission did, on the 21st day of April 191
the 5th day of May 1999, hold a duly noticed public hearing as prescribed by law tc
said request; and
WHEREAS, at said public hearing, upon hearing and considering all
and arguments, if any, of all persons desiring to be heard, said Commission considered
relating to the Specific Plan amendment; and
WHEREAS, on January 16, 1996, the City Council approved SP2
described and conditioned in Planning Commission Resolution No. 3848 and Cit:
Ordinance No. NS-344.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 Co
RECOMMENDS APPROVAL of NAMM MUSEUM OF MAKING
SP 207@), based on the following findings and subject to the
conditions:
Findings:
1. The proposed development as described by the Specific Plan (SP207(D)) is I
with the provisions of the General Plan.
2. The proposed specific plan amendment would not be detrimental to the publil
health, safety, convenience or welfare of the City.
3. All necessary public facilities can be provided concurrent with need and
provisions have been provided to implement those portions of the capital imF
program applicable to the subject property.
4. The proposed public museum use will be appropriate in area, location and over
to the purpose intended. The design and development standards are such as to
environment of sustained desirability and stability. Such development \
performance standards established by this title.
5. The existing streets and thoroughfares are suitable and adequate to carry the a
traffic thereon.
6. The area surrounding the development is planned and zoned in coordin;
substantial compatibility with the development.
7. Appropriate measures are proposed to mitigate any adverse environmental I
noted in the adopted environmental impact report or negative declaration for the
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all c
and modifications to the Specific Plan document(s) necessary to make them
consistent and in conformity with final action on the project. Development SI
substantially as shown in the approved Exhibits. Any proposed developmenl
from this approval, shall require an amendment to this approval.
2. Approval of SP 207(D) is granted subject to the approval of LCPA 98-10, SDP
and CDP 98-88, as conditioned in Resolutions No. 4539,4540 and 4541.
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~ PC RES0 NO. 4538 -2-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convc
“fees/exactions.”
You have 90 days from the date of final approval to protest imposition of these fees/<
If you protest them, you must follow the protest procedure set forth in Government Cod
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
follow that procedure will bar any subsequent legal action to attack, review, set aside
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously b
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 5th day of May 1991
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heure
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
COURTNEY E. Hm Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4538 -3-
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0 0 EXHII
April 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD
RANCH SPECIFIC PLAN BY THE AMENDMENT OF
SECTION 111. C. 1. A. (1) PERMITTING A MUSEUM OPEN TO
THE PUBLIC WITH INCIDENTIAL RETAIL SALES
RELATED TO THE MUSEUM ON LOT 11 OF PLANNING
AREA 2
CASE NAME: NA” MUSEUM OF MAKING MUSIC
CASE NO.: SP 207(D)
WHEREAS, the City Council of the City of Carlsbad, California has
and considered a Specific Plan Amendment to add to the list of permitted uses for I
Planning Area 2; and
WHEREAS, after procedures in accordance with the requirements of law
Council has determined that the public interest indicates that said specific plan amendmc
approved.
NOW, THEREFORE, the City Council of the City of Carlsbad does (
follows:
SECTION I: That the Carlsbad Ranch Specific Plan Amendment, SI
dated April 2 1, 1999, on file in the Planning Department, and incorporated by reference 1
approved. The Carlsbad Ranch Specific Plan Amendment shall constitute the zonini
property and all development of the property shall conform to the plan. The amendmc
specific plan is to add to the list of permitted used in Section 111, C. 1. A. the following:
“A museum open to the general public, including incidental retail sales r
the museum not to exceed a total floor area of 325 square feet on only Lot 11 (Shown o
32; Lot 8 of Final Map 13357).”
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SECTION 11: That the findings and conditions of the Planning Comn
Planning Commission Resolution No. shall also constitute the find
conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty day:
adoption, and the City Clerk shall certify to the adoption of this ordinance and caus
published at least once in a publication of general circulation the City of Carlsbad with
days after its adoption. (Not withstanding the preceding, this ordinance shall not be
within the City’s Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at the regular meeting of the Carl!
Council on the day of 1999, and thereafter.
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PASSED AND ADOPTED at a regular meeting of said City Council, he
day of 1999, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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