HomeMy WebLinkAbout1999-05-05; Planning Commission; Resolution 4539I 0
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PLANNING COMMISSION RESOLUTION NO. 4539
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
LOCAL COASTAL PROGRAM TO PERMIT A MUSEUM
OPEN TO THE PUBLIC WITH INCIDENTAL RETAIL SALES
RELATED TO THE MUSEUM ON PROPERTY LOCATED AT
5790 ARMADA DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 13
CASE NAME: NAMM MUSEUM OF MAKING MUSIC
CASE NO: LCPA 98-10
9 WHEREAS, California State law requires that the Local Coastal
10 General Plan, and Zoning designations for properties in the Coastal Zone be in conform;
11 WHEREAS, NA”, “Developer” and “Owner”, has filed a verified a]
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for an amendment to the Local Coastal Program specifically adding to the list of perm
for Planning Areas 2 of the Carlsbad Ranch Specific Plan regarding property described i
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(“the Property”); and
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WHEREAS, said verified application constitutes a request for a Loca
Program Amendment as shown on Exhibit “F” dated April 21, 1999 as provided
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Lot 8 of Carlsbad Tract No. 94-09 in Carlsbad Ranch Unit 1
Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5..
14 of the California Code of Regulations of the California Coastal Commission Admi
22 I1 Regulations; and
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the 5th day of May 1999, hold a duly noticed public hearing as prescribed by law to 24
WHEREAS, the Planning Commission did on the 21st day of April 195
said request; and
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WHEREAS, at said public hearing, upon hearing and considering all 1
and arguments, if any, of all persons desiring to be heard, said Commission considered :
relating to the Local Coastal Program Amendment.
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WHEREAS, State Coastal Guidelines requires a six week public review 1
any amendment to the Local Coastal Program.
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) At the end of the State mandated six week review period, starting on Jal
1999, and ending on March 11, 1999, staff shall present to the City (
summary of the comments received.
C) That based on the evidence presented at the public hearing, the Co
RECOMMENDS APPROVAL of NA" MUSEUM OF MAKING
LCPA 98-10 based on the following findings, and subject to the
conditions:
Findings:
1. That the proposed Local Coastal Program Amendment is consistent with all i
policies of the Mello I1 segment of the Carlsbad Local Coastal Program, ir
Carlsbad Ranch Specific Plan (SP 207(A)) was adopted as partial implen
for the area it covers and the addition of a public museum as a permitted us
of the developed lots in the specific plan has been determined to have no in
coastal resources and is in compliance with all existing policies.
2. Approval of LCPA 98-10 is granted subject to the approval of SP 207(D), SDP '
and CDP 98-88. LCPA 98-10 is subject to all conditions contained in
Commission Resolutions No. 4537, 4538, 4540 and 4541 for the Negative Dec
Specific Plan Amendment, Site Development Plan Amendment, and
Development Permit.
3. That the proposed amendment to the Mello I1 segment of the Carlsbad LOG
Program is required to keep the Carlsbad Ranch Specific Plan consistent
Mello I1 segment.
4. The Planning Commission has reviewed each of the exactions imposed on the I
contained in this resolution, and hereby finds, in this case, that the exactions art
to mitigate impacts caused by or reasonably related to the project, and the extel
degree of the exaction is in rough proportionality to the impact caused by the prc
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PC RES0 NO. 4539 -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 conve
“fees/exactions.”
You have 90 days from date of City Council approval to protest imposition
feedexactions. If you protest them, you must follow the protest procedure set
Government Code Section 66020(a), and file the protest and any other required infonna
the City Manager for processing in accordance with Carlsbad Municipal Code Section
Failure to timely follow that procedure will bar any subsequent legal action to attack, re
aside, void, or 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 bt
a NOTICE similar to this, or as to which the statute of limitations has previously c
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting to the
Commission of the City of Carlsbad, held on the 5th day of May 1999, by the followini
wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heure:
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
COURTNEY E. HW, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
i Planning Director
PC RES0 NO. 4539 -3-
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EXHIBIT “F”
LOCAL COASTAL PROGRAM AMENDMENT 98-10
Dated APRIL 21, 1999 -
Add the following to the list of permitted uses in the Carlsbad Ranch Specific Plan (SP 20
Section 111. C. 1. A.:
“A museum open to the general public, including incidental retail sales related to the museul
not to exceed a total floor area of 325 square feet on only Lot 11 (Shown on Figure 32; Lot 8 (
Final Map 13357).”