HomeMy WebLinkAbout2002-09-04; Planning Commission; Resolution 52411
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PLANNING COMMISSION RESOLUTION NO. 5241
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
53.65 ACRES INTO FIVE LOTS ON PROPERTY GENERALLY
LOCATED EAST OF SALK AVENUE AND WEST OF EL
CAMINO REAL IN LOCAL FACILITIES MANAGEMENT
ZONE 5.
CASE NAME: FOX MILLER PROPERTY
CASE NO.: PIP 00-02
WHEREAS, Mission Beach, L.L.C, a Washington Limited Liability
Company, Mark F. Miller, Dean E. Miller, and Gordon B Fox, “Developer”/“Owner,” has
filed a verified application with the City of Carlsbad regarding property described as
PLANNED INDUSTRIAL PERMIT, PIP 00-02, TO SUBDIVIDE
That portion of Lot “F” of Rancho Agua Hedionda, County of
San Diego, State of California, according to map thereof No.
823, filed in the office of the County Recorder of San Diego
County, November 16, 1896, described in a grant deed
recorded August 13,1992, as Document Number 1992-0512626
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Industrial
Permit shown on Exhibits “A” - “N” dated July 17, 2002, on file in the Planning Department
FOX MILLER PROPERTY - PIP 00-02, as provided by Chapter 21.34 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of July, 2002 and on
the 4th day of September 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 persons desiring to be heard, said Commission considered all factors
relating to the Planned Industrial Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 Commission
APPROVES FOX MILLER PROPERTY - PIP 00-02, based on the following
findings and subject to the following conditions:
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Findinm:
1. That the site indicated by the Planned Industrial Permit is adequate in size and shape to
accommodate the proposed use, and all yards, spaces, walls, fences, parking, loading,
landscaping and other features required by Chapter 21.34 of the Carlsbad Municipal
Code, in that the proposed industrial subdivision is consistent with development and
design criteria for lot size and configuration and includes a safe and efficient
internal circulation system.
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2. That the improvements indicated on the Planned Industrial Permit are located in such a
manner to be related to existing and proposed streets and highways, in that the additional
roadways (Salk Avenue) and capacity (El Camino Real) will provide for additional
routes of travel, reduce conflict on roadways, and facilitate alternate modes of
transportation.
3. That the improvements as shown on the Planned Industrial Permit are consistent with the
intent and purpose of this zone and all adopted development, design and performance
standards as set forth Chapter 21.34 of the Carlsbad Municipal Code, in that the
industrial subdivision will result in a high quality industrial park that is consistent
with applicable landscaped setbacks, lot size and configuration, compatible with
surrounding land uses and circulation patterns, and provides an internal street
system that is safe and efficient with two points of access from circulation arterial
roadways.
Conditions:
1. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 00-05, ZC 00-07, CT 00-
20, SUP 00-10 and HDP 00-11, and is subject to all conditions contained in Planning
Commission Resolutions 5237, 5238, 5239, 5240, 5242, and 5243 for those other
approvals.
2. Development of industrial buildings on each industrial lot created by CT 00-20 shall
require a separate Planned Industrial Permit.
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 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
PC RES0 NO. 5241 -2-
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 4th day of September 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, Segall and White
NOES: Commissioner Whitton
ABSENT: None
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5241 -3-