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HomeMy WebLinkAbout2003-01-15; Planning Commission; Resolution 53421 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. 5342 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL EXCESS PARKING SPACES LOCATED AT THE LEGOLAND PARKING LOT, FOR THE STORAGE OF VEHICLES AS NEEDED BY CAR DEALERSHIPS OF CAR COUNTRY CARLSBAD, LOCATED AT 1 LEGOLAND DFUVE IN LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: LEGOLAND VEHICLE STORAGE CASE NO.: CDP 02-38 WHEREAS, LEGOLAND Estates AG, “Developer/Owner,” has filed a verified DEVELOPMENT PERMIT CDP 02-38 TO ALLOW THE USE OF application with the City of Carlsbad regarding property described as Lot 18 and 19 of Carlsbad Tract No. 94-09 of Carlsbad Ranch Units 2 & 3 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibit “A” dated January 15, 2003, on file in the Planning Department, LEGOLAND VEHICLE STORAGE - CDP 02-38, as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of January, 2003, 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. B) That based on the evidence presented at the public hearing, the Commission APPROVES LEGOLAND VEHICLE STORAGE - CDP 02-38, based on the following findings and subject to the following conditions: 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 FindinPs: 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 the project site has been previously disturbed and is developed with LEGOLAND and its associated parking facilities. 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 project site has been previously disturbed and is developed with LEGOLAND and its associated parking facilities; 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 21.202 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 2 1.204 of the Zoning Ordinance). Conditions: 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 vehicle storage use of the designated area of the parking lot shall begin within two (2) years of approval or this coastal development permit will expire unless extended per Section 2 1.201.21 0 of the Carlsbad Municipal Code. 3. This approval is granted subject to the approval of the CUP 02-20 and is subject to all conditions contained in Resolutions No. 5341 for those other approvals. ... *.. PC RES0 NO. 5342 -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 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 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 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 15th day of January, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Heineman, Segall, White, and Whitton NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None , Chairperson PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5342 -3-