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HomeMy WebLinkAbout2002-09-04; Planning Commission; Resolution 52431 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. 5243 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIAL, USE PERMIT TO SUBDIVIDE 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: SUP 00-10 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 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 Special Use Permit as shown on Exhibits “A” - “N” dated July 17,2002, on file in the Planning Department FOX MILLER PROPERTY - SUP 00-10, as provided by Chapter 21.40121.1 10 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 all persons desiring to be heard, said Commission considered all factors relating to the Special Use Permit; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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 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 - SUP 00-10, based on the following findings and subject to the following conditions: FindinPs: 1. 2. 3. 4. 5. 6. The project is consistent with the El Camino Corridor Development Standards in that the project preserves the scenic qualities and maintains and enhances the appearance of the roadway through design concepts and development standards, with the exception of the amount of cufffill adjacent to the El Camino Real roadway. The Corridor Standards allows deviations to the standards where practical application of the standards are not feasible and not in the best interest of good planning practices. Below are the required four findings for deviations to the standards and the support for the findings. Compliance with the Corridor Development Standard in that no cut or fill shall exceed 15 feet within the development standards area is infeasible for this particular project in that the project’s grading is to create viable industrial pads and to connect Salk Avenue to El Camino Real and there are no other feasible grading alternatives. That the scenic qualities of the corridor will continue to be maintained if the grading standard is not fulfilled in that portions of the scenic qualities of rolling hills will be preserved. As noted in the standards, the views from this site are not well defined and the horizon views in this area are of the surrounding industrial developments. The additional 20-foot setback required of the P-M zone would further enhance the corridor. The standards were developed to create a campus style development along this portion of the corridor, which would be accomplished with the proposed project. That the project will not have an adverse impact on traffic safety in that the intersection spacing requirement for the placement of Salk Avenue is for traffic safety and the slopes along El Camino Real have been graded to provide adequate sight distance for the intersection of Salk Avenue with El Camino Real. No median break or intersection is planned or proposed with Salk Avenue and El Camino Real. Salk Avenue will be a right-in and right-out only. That the project is designed so as to meet the intent of the scenic preservation overlay zone in that the project is designed to preserve the characteristics of the corridor that are considered worthy of preservation, which are scenic resources. The project will also encourage the development of a “campus” design that melds this section of the corridor together. Increased building setbacks will reduce the impact of a “tunnel effect’’ created by development. ... PC RES0 NO. 5243 -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 Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Special Use 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. 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, HDP 00-11, and PIP 00-02 and is subject to all conditions contained in Planning Commission Resolutions 5237, 5238, 5239, 5240, 5241, and 5242 for those other approvals. 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 “feedexactions.” 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 feedexactions 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. 5243 -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 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. 5243 -4-