HomeMy WebLinkAbout1999-05-05; Planning Commission; Resolution 45401
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PLANNING COMMISSION RESOLUTION NO. 4540
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SITE DEVELOPMENT PLAN AMENDMENT
SDP 95-09(A) TO PERMIT A MUSEUM TO BE OPEN TO THE
PUBLIC WITH INCIDENTAL RETAIL SALES RELATED TO
THE MUSEUM ON PROPERTY GENERALLY LOCATED AT
5790 ARMADA DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 13
CASE NAME: NA” MUSEUM OF MAKING MUSIC
CASE NO.: SDP 95-09(A)
WHEREAS, NAMM, “Developer” and “Owner”, has filed a verified a1
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 Site Dev’
Plan Amendment as shown on Exhibits “A” through “D” dated April 21, 1999, on f
Planning Department, NA“ MUSEUM OF MAKING MUSIC, SDP 95-09(A) as
by Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of April, 199
the 5th day of May, 1999, hold a duly noticed public hearing as prescribed by law to
said request; and
WHEREAS, at said public hearing, upon hearing and considering all tl
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the Site Development Plan Amendment.
WHEREAS, on March 6, 1996, the Planning Commission approved, !
09, as described and conditioned in Planning Commission Resolution No. 3905.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the :
Commission of the City of Carlsbad as follows:
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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 the NAMM MUSE
MAKING MUSIC, SDP 95-09(A) based on the following findings anc
to the following conditions:
Findincs:
1. That the requested use is properly related to the site, surroundings and envi~
settings, is consistent with the various elements and objectives of the General
not be detrimental to existing uses or to uses specifically permitted in the area
the proposed use is to be located, and will not adversely impact the site, surrou
traffic circulation, in that the project design complies with the requiremen
Carlsbad Ranch Specific Plan and all required building and landscape
exist.
2. That the site for the intended use is adequate in size and shape to accommodate t
that all applicable code requirements have been met including the
requirement for museums.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary
the requested use to existing or permitted future uses in the neighborhooc
provided and maintained, in that modifications to the parking area are pra
provide a bus parking space and adequate vehicle circulation has been prc
accommodate bus turning movements.
4. That the street systems serving the proposed use is adequate to properly handle
generated by the proposed use, in that the proposed museum will generate le
than an office use and is below the average daily traffic analyzed in the ci:
analysis prepared for Program EIR 94-01 for the Carlsbad Ranch Specific 1
5. The project is consistent with the City-Wide Facilities and Improvements J
applicable local facilities management plan and all City public facility polj
ordinances since:
A. The project has been conditioned to ensure the building permits will not
for the project unless the District Engineer determines that sewer s
available, and building cannot occur within the project unless sewe
remains available, and the District Engineer is satisfied that the require
the Public Facilities Element of the General Plan have been met inso&
apply to sewer service for this project.
B. All necessary public improvements have been provided or are re(
conditions of approval.
6. This project has been conditioned to comply with any requirement approved as -J
Local Facilities Management Plan for Zone 13.
~ PC RES0 NO. 4540 -2-
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7. The project is consistent with the Comprehensive Land Use Plan (CLUP
McCellan-Palomar Airport, dated April 1994. The project is compatible
projected noise levels of the CLUP; and, based on the noise/land use compatibilj
of the CLUE’, the proposed land use is compatible with the airport, in that the pr
is within the 60 CNEL noise contour and the proposed land use is a compi
at this noise level.
8. That the project is consistent with the City’s Landscape Manual, adopted by Cit:
Resolution No. 90-384.
9. The Planning Commission has reviewed each of the exactions imposed on the L
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts caused by or reasonably related to the project, and the exten
degree of the exaction is in rough proportionality to the impact caused by the pro
10. That this project could have a potentially significant negative cumulatik
impact on the Palomar Airport Road/ El Camino Real intersection. How6
project has been conditioned to pay its fair share of the “short-term impro]
thereby, guaranteeing implementation of a mitigation measure that red
potential impact to a level of insignificance.
Conditions:
1. This project shall comply with all conditions and mitigation measures which are
as part of the approved Site Development Plan, SDP 95-09, as contained in
Commission Resolution No. 3905 except for condition number 1 which is COI
replaced by the following: Staff is authorized and directed to make or req
Developer to make all corrections and modifications to the Site Developmc
Documents, as necessary to make them internally consistent and con
Planning Commission’s final action on the project. Any proposed deve
substantially different from this approval, or a future proposal for an expa
additional phase of development, shall require an amendment to this appro7
model retail use area as shown on the first floor plans is not intended, or pe
to be a retail sales use but rather a model or demonstration display :
incorporation into the design and arrangement of stores or retail areas ope
members, clients, patrons or associate of NA” at their respective offsite 1(
Incidental retail sales related to the museum are permitted as provided fo
Carlsbad Ranch Specific Plan (SP 207(D)).
2. Approval of SDP 95-09(A) is granted subject to the approval of SP 207(D), L(
10, and CDP 98-88. SDP 95-09(A) is subject to a11 conditions containec
Planning Commission Resolutions for SP 207(D), LCPA 98-10, and CDP 98-1
3. The Developer shall pay his fair share for the “short-term improvements” t
Camino ReaY Palomar Airport Road intersection prior to approval of the fi
or the issuance of a grading permit, whichever occurs first. The amount
determined by the methodology ultimately selected by Council, including
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limited to, an increase in the city-wide traffic impact fee; an increased or E
13 LFMP fee; the creation of a fee or assessment district; or incorporatil
Mello-Roos taxing district.
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 arc
to mitigate impacts caused by or reasonably related to the project, and the exte~
degree of the exaction is in rough proportionality to the impact caused by the prc
General:
5. If any of the foregoing conditions fail to occur; or if they are, by their ten
implemented and maintained over time, if any of such conditions fail
implemented and maintained according to their terms, the City shall have th
revoke or modify all approvals herein granted; deny or further condition issua
future building permits; deny, revoke or further condition all certificates of c
issued under the authority of approvals herein granted; institute and prosecute lit
compel their compliance with said conditions or seek damages for their viol
vested rights are gained by Developer or a successor in interest by the City’s ay
this Site Development Plan.
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 the 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 inform:
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, r(
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 b
a NOTICE similar to this, or as to which the statute of limitations has previously
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 5th day of May 199
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Keurc
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
COURTNEY E MAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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~ PC RES0 NO. 4540 -5-