HomeMy WebLinkAbout2002-06-19; Planning Commission; Resolution 52111
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PLANNING COMMISSION RESOLUTION NO. 5211
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
10 TO PERMIT THE HEIGHT OF AN EXISTING TOWER TO
INCREASE FROM 43’ TO 55’, LOCATED AT THE
GEMOLOGICAL INSTITUTE OF AMERICA AT 5345
ARMADA DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 13.
CASE NAME: GIA TOWER ADDITION
CASE NO.: CDP 02-10
WHEREAS, Gemological Institute of America, “Developer”/”Owner”, has filed
APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 02-
a verified application with the City of Carlsbad regarding property described as
Lot 5 and 6 of Carlsbad Tract No. 92-07 (Carlsbad Ranch Unit
1 and Unit 2), in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 13078, filed
in the Office of the County Recorder of San Diego County on
December 28,1993.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “E” dated June 19, 2002, on file in the
Carlsbad Planning Department, GIA TOWER ADDITION - CDP 02-10, as provided by
Chapter 21.203 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of June 2002, 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 CDP.
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.
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of GIA TOWER ADDITION - CDP 02-10,
based on the following findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
That the proposed development is in conformance with the Mello I1 Segment of the
Certified Local Coastal Program (LCP) and all applicable policies in that Policy 2-2
provides for approval of a specific plan and allows development of non-residential
uses subject to that specific plan. The subject site is located within the Carlsbad
Ranch Specific Plan and is consistent with its requirements.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the project is located outside of the coastal shoreline
development overlay zone. Therefore, compliance with the public access and recreation
policies of Chapter 3 of the Coastal Act is not required.
The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the proposed increase in tower
height to be located at the main entrance of the GIA complex is an architectural
enhancement and is integrated into the design of the existing building; no steep
slopes will be affected by the project and no native vegetation is located on the
subject property; and the site is not located in an area prone to landslides, or
susceptible to accelerated erosion, floods or liquefaction.
The project is not located in the Coastal Agriculture Overlay Zone, according to Map X
of the Land Use Plan, certified September 1990 and, Agricultural Conversion
Mitigation Fees are not required in accordance with the provisions of the Coastal
Agriculture Overlay Zone (Chapter 2 1.202 of the Zoning Ordinance).
The project is not located between the sea and the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance).
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Coastal Development Permit 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.
2. The applicant shall apply for and be issued building permits for this project within 24
months of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Carlsbad Municipal Code.
3. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
PC RES0 NO. 521 1 -2-
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of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Coastal Development Permit by Resolutions No. 5211 on
the real property owned by the Developer. Said Notice of Restriction shall note the
property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in
the Notice of Restriction. The Planning Director has the authority to execute and record
an amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
4. This approval is granted subject to the approval of the SDP 94-06(A) and is subject to all
conditions contained in Resolution No. 5210 for those other approvals incorporated by
reference herein.
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 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.
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PC RES0 NO. 521 1 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of June 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, Segall, White, and Whitton
NOES: None
ABSENT: None
QL
ABSTAIN: None
=- U"
SEENA TFUGAS, Chai&son
CARZSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 521 1 -4-