HomeMy WebLinkAbout1999-10-20; Planning Commission; Resolution 46450 0
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PLANNING COMMISSION RESOLUTION NO. 4645
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
GARDEN CENTER BUILDING, NURSERY YARD AND
ASSOCIATED PARKING ON PROPERTY GENERALLY
LOCATED ON THE NORTHEAST CORNER OF PALOMAR
AIRPORT ROAD AND PASEO DEL NORTE IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: ARMSTRONG GARDEN CENTER
CASE NO.: CDP 98-91
WHEREAS, CB Ranch Enterprises, a California Cor]
“Developer”/”Owner”, has filed a verified application with the City of Carlsbad :
property described as
DEVELOPMENT PERMIT CDP 98-91 TO DEVELOP A RETAIL
Lot 1 of Carlsbad Tract No 94-09, Carlsbad Ranch Unit 1 per
map No. 13357, filed September 6, 1996, in the Office of the
County Recorder, as file No. 1997-147754, in the City of
Carlsbad, County of San Diego, State of California.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “J” dated October 20, 1999, on fi
Planning Department, ARMSTRONG GARDEN CENTER, CDP 98-91, as pro’
Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of Octobl
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tc
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the CDP.
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 Co
3 APPROVES ARMSTRONG GARDEN CENTER, CDP 98-91 bas1
following findings and subject to the following conditions: 4 Findinps:
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1. That the proposed development is in conformance with the Certified LOCS
Program and all applicable policies in that the project is consistent with the
policies of the Mello I1 Segment of the Local Coastal Program and the
Ranch Specific Plan which serves as the implementing zoning for the
Segment for the project site. A retail nursery within Planning Area
Carlsbad Ranch Specific Plan is permitted as an accessory use provided
nursery is accessory to the continuation of a bulb growing and cut flowel
operation at the “Flower Fields”. The 25 foot tall commercial structure
obstruct public views of the coastline or otherwise damage the visual beau
coastal zone and no sensitive resources, geologic instability or coast:
opportunities exist on the site. The project site is not located within tht
Agricultural Overlay Zone and therefore does not require the pay
agricultural conversion mitigation fees.
2. The proposal is in conformity with the public access and recreation policies of (
of the Coastal Act in that no coastal access opportunities exist on the site.
3. The project is consistent with the provisions of the Coastal Resource P
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep
native vegetation is located on the subject property, the site is not located ir
prone to landslides or susceptible to accelerated erosion, floods or liquefac
the project has been designed or conditioned to adhere to the City’s
Drainage and Storm Water Quality Management Plan and Grading Ordi
avoid increased runoff and soil erosion.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to
permit issuance.
1. If any of the following conditions fail to occur; or if they are, by their ten
implemented and maintained over time, if any of such conditions fail 1
implemented and maintained according to their terms, the City shall have tht
revoke or modify all approvals herein granted; deny or linther condition issua~
hture building permits; deny, revoke or further condition all certificates of o
issued under the authority of approvals herein granted; institute and prosecute lit
compel their compliance with said conditions or seek damages for their viola
vested rights are gained by Developer or a successor in interest by the City’s ap
this (type of action, e.g. Site Development Plan).
28 2. Staff is authorized and directed to make, or require the Developer to make, all c(
and modifications to the Coastal Development Permit documents, as necessaq
PC RES0 NO. 4645 -2-
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them internally consistent and in conformity with the final action on thc
Development shall occur substantially as shown on the approved Exhibits. Any
development different from ths approval, shall require an amendment to this apl
3. This approval is granted subject to the approval of the Mitigated Negative De
and Mitigation Monitoring and Reporting Program and CUP 98-20 and is I
all conditions contained in Planning Commission Resolutions No. 4643 and
those other approvals.
4. The applicant shall apply for and be issued building permits for this project w
(2) years of approval or this Coastal Development Perrnit will expire unless extc
Section 21.201.210 of the Zoning Ordinance.
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 final approval to protest imposition of these fees/exac
you protest them, you must follow the protest procedure set forth in Government Cod1
66020(a), and file the protest and any other required information with the City Mal
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 I
zoning, grading or other similar application processing or service fees in connection 1
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 c
expired.
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PC RES0 NO. 4645 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 20th day of October, 195
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’
Nielsen, Segall and Trigas
NOES:
ABSENT: Commissioner Welshons
ABSTAIN:
CARLSBAD PLANNING COMMI~SION
ATTEST:
MICHAEL J. G~LZMLER
Planning Director
1) PC RES0 NO. 4645 -4-