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HomeMy WebLinkAbout1999-10-20; Planning Commission; Resolution 46450 0 L 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. 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: e 0 1 2 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: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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- 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 ’ 0 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. ... ... ... ... ... . .. ... ~ PC RES0 NO. 4645 -3- a e 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 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-