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HomeMy WebLinkAbout2002-02-20; Planning Commission; Resolution 51561 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. 5156 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MINOR MASTER PLAN AMENDMENT FOR PROPERTY GENERALLY LOCATED AT THE NORTHERN TERMINUS OF AMBROSIA LANE IN LOCAL, FACILITIES MANAGEMENT ZONE 19. CASE NAME: ZONE 19 PARK CASE NO: MP 177CDD) WHEREAS, City of Carlsbad, ”Developer”, has filed a verified application with the City of Carlsbad regarding property owned by City of Carlsbad, “Owner”, described as Those portions of Section 35, Township 12 South, Range 4 West and Section 2, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to official plan thereof, said property being more particularly described in Exhibit “A” of Quitclaim Deed recorded March 28, 1989 as File No. 89-157040 of official records of said San Diego County. (“the Property”); and WHEREAS, said verified application constitutes a request for a Minor Master Plan Amendment as shown on Exhibit “X” dated February 20,2002, attached hereto and on file in the Carlsbad Planning Department ZONE 19 PARK - MP 177@D) as provided by MP 177 (AVIARA MASTER PLAN) and Chapter 21.38 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of February 2002, 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 Minor Master Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 1 2 3 4 5 6 7 a 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 Commission APPROVES ZONE 19 PARK - MP 177@D) based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 7. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated February 20, 2002 in that the proposed park use is the use anticipated for the project site in the approved Aviara Master Plan and the approved Master Plan has already been found to be in conformance with the General Plan. That all necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the Capital Improvement Program applicable to the subject property, in that public facilities necessary for the development of Aviara Planning Area 32 (this park site) will be completed in accordance with the Aviara Master Plan and the Zone 19 Local Facilities Management Plan. That the residential and open space portions of the community will constitute an environment of sustained desirability and stability, and that it will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereof, in that the proposed park is of the same size as originally anticipated and approved in the Aviara Master Plan, which was consistent with the City's Growth Management requirements, and the park will have indoor and outdoor recreational areas to serve both adults and children. That in the case of institutional, recreational, and other similar nonresidential uses, such development will be proposed, and surrounding areas are protected fiom any adverse effects fi-om such development, in that a) the lighting of the proposed park area will be designed and focused to minimize light and glare to surrounding areas, b) fencing and walls will be incorporated to prevent human intrusion and block vehicle lights, c) and operating hours and conditions will be monitored to ensure that activities at the park do not become a nuisance to surrounding developments. That the streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon, in that the project will be served by Poinsettia Lane (a major arterial) and Ambrosia Lane which can accommodate the anticipated traffic to be generated by the use (1,000 ADT). That the area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development, in that the approved Master Plan already designates this site for a public park use. That appropriate measures are proposed to mitigate any adverse environmental impact as noted in the adopted Environmental Impact Report for the project, in that all applicable mitigation measures have been incorporated into the project, and a Mitigated PC RES0 NO. 5156 -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 Negative Declaration and Mitigation Monitoring & Reporting Program to mitigate light, noise, and other potential impacts has been issued by the Planning Director. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Master Plan document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 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 feedexactions. 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 feedexactions 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 RES0 NO. 5156 -3- 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 Planning Commission of the City of Carlsbad, California, held on the 20th day of February 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Heineman, Segall, White, and Whitton NOES: ABSENT: Commissioner Dominguez ABSTAIN: U SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: . MICHAEL J.MLZPSdLLER Planning Director PC RES0 NO. 5156 -4- Exhibit "X" Mp 177@D) February 20,2002 Planning Area 32: Pacific Rim Park Height: The maximum height allowed in Planning Area 32 and 32a is "&et aspermitted in the 0-S Zone (Chapter 21.33 of the Carlsbad Municipal Code) and as defined by Section 21.04.065 of the Carlsbad Municipal Code. The maximum height allowed in Planning Area 32b is 30 feet.