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HomeMy WebLinkAbout1999-05-05; Planning Commission; Resolution 4541e (I) t II 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. 4541 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT TO THE PUBLIC WITH INCIDENTAL RETAIL SALES REALTED TO THE MUSEUM ON PROPERTY GENERALLY LOCATED AT 5790 ARMADA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: NAMM MUSEUM OF MAK.ING MUSIC CASE NO.: CDP 98-88 WHEREAS, NA”, “Developer” and “Owner”, has filed a verified ay NUMBER CDP 98-88 TO PERMIT A MUSEUM TO BE OPEN 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 Development Permit as shown on Exhibits “A” through “D” dated April 21,1999, on : Planning Department, NA” MUSEUM OF MAKING MUSIC, CDP 98-88, as prc Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 21st day of April 195 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 t and arguments, if any, of all persons desiring to be heard, said Commission considered i relating to the CDP. 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. a 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 B) That based on the evidence presented at the public hearing, the COI RECOMMENDED APPROVAL of the NAMM MUSEUM OF N MUSIC, CDP 98-88, based on the following findings and subjec following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Program and all applicable policies in that the project is in compliance 1 relevant policies of the Mello I1 Segment of the Local Coastal Progri Carlsbad Ranch Specific Plan which serves as partial implementation for tl I1 Segment for the project site, and the Coastal Resource Protection Overl: The project site contains no coastal resources and is currently developed 1 to a prior Coastal Development Permit. 2. The project complies with the requirements of the Coastal Resource PI Overlay Zone as the project site has been previously developed pursuak earlier coastal development permit. No sensitive vegetation exists on the pro, Drainage facilities to remove pollutants from site runoff are also provided. 3. The Planning Commission has reviewed each of the exactions imposed on the D 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 proj Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all co and modifications to the document(s) necessary to make them internally consistel conformity with final action on the project. Development shall occur substan shown in the approved Exhibits. Any proposed development different fi- approval, shall require an amendment to this approval. 2. Approval of CDP 98-88 is granted subject to the approval of SP 207(D), LCPL and SDP 95-09(A). CDP 98-88 is granted subject to all conditions containe Planning Commission Resolutions No. 4538, 4539 and 4540 for SP 207(D), L( 10, and SDP 95-09(A). NOTICE Please take NOTICE that approval of your project includes the “imposition” I dedications, reservations, or other exactions hereafter collectively referred to for conven “fees/exactions.” You have 90 days fi-om the date of final approval to protest imposition of these feedexac you protest them, you must follow the protest procedure set forth in Government Code 66020(a), and file the protest and any other required information with the City Man PC RES0 NO. 4541 -2- (I e e c 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 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure 1 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 1 zoning, grading or other similar application processing or service fees in connection project; NOR DOES IT APPLY to any feedexactions of which you have previously be 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 199s following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heure Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: COURTNEY E. CARLSBAD PLANNING COMMISSION ATTEST: Planning Director ~ PC RES0 NO. 4541 -3-