HomeMy WebLinkAbout2001-12-19; Planning Commission; Resolution 51031
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PLANNING COMMISSION RESOLUTION NO. 5103
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN AMENDMENT SDP 80-11(D) TO
RECONFIGURE THE PARKING LOT ON PROPERTY
GENERALLY LOCATED ON THE NORTHWEST CORNER OF
PALOMAR AIRPORT ROAD AND PASEO DEL NORTE IN
LOCAL FACILITIES MANAGEMENT ZONE 3
CASE NAME: RING’S FISH HOUSE
CASE NO.: SDP 80-l l(D)
WHEREAS, Ring’s Seafood Company, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Carpenter’s Pension Trust
for Southern California, a California Corporation, “Owner,” described as
Parcel 2 of parcel map no. 11284, in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof, filed in the Office of the County Recorder of San Diego
County, May 11,198l
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibit(s) ‘(A” - “M” dated December 19,2001, on file in the
Planning Department, KING’S FISH HOUSE - SDP 80-11(D) as provided by Chapter
21.061Section 21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of December, 2001 ,
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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan Amendment.
WHEREAS, on November 18,1992, the Planning Commission approved, SDP
80-11(C), as described and conditioned in Planning Commission Resolution No. 3463.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission APPROVES KING’S FISH HOUSE - SDP 80-11(D) based on
the following findings and subject to the following conditions:
FindinPs:
1.
2.
3.
4.
5.
That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the redesigned parking area will not affect the existing hotel
use or adjacent proposed uses as adequate landscaping will be provided and
adequate traffic circulation will be maintained.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that more than adequate parking will be available after the reconfiguration of the
parking area.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that landscape setbacks are provided for separation of
uses and visual screening of the parking area.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the redesign still allows through access around
the perimeter of the existing Holiday Inn site with no increase in traffic generation.
The findings included in Planning Commission Resolutions No. 1964 (SDP 80-
11(A)), 2351 (SDP 80-11(B)), and 3463 (SDP 80-11(C)) are incorporated herein by
reference.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
PC RESO NO. 5103 -2-
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2.
3.
4.
5.
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Site Development Plan Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan Amendment documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Site Development Plan
Amendment, (b) City’s approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
The conditions included in Planning Commission Resolutions No. 1964 (SDP 80-
1 l(A)), 2351 (SDP 80-11(B)), and 3463 (SDP 80-11(C)) are incorporated herein by reference.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PC RESO No. 5103 -3-
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 19th day of December 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez,
Heineman, Nielsen, and Trigas
NOES:
ABSENT:
ABSTAIN:
COMMISSION
ATTEST:
Planning Director
PC RESO NO. 5103 -4-