HomeMy WebLinkAbout2003-12-03; Planning Commission; Resolution 55131
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aPP
PLANNING COMMISSION RESOLUTION NO. 5513
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
3.25% REDUCTION IN REQUIRED PARKING FOR COMMON
FACILITIES AT THE FORUM ON PROPERTY GENERALLY
LOCATED SOUTH AND EAST OF CALLE BARCELONA
AND WEST OF EL CAMINO REAL IN LOCAL FACILITIES
MANAGEMENT ZONE 23.
CASE NAME: THE FORUM
DEVELOPMENT PLAN AMENDMENT SDP 00-1O(A) FOR A
CASE NO.: SDP OO-lO(A)
WHEREAS, Thomas Enterprises Inc., “Developer,” has filed a verified
ication with the City of Carlsbad regarding property owned by Fourth Quarter Properties,
“Owner,” described as
Lot 4 of City of Carlsbad Tract No. 92-08, Green Valley, in the
City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 13997, as filed in the office of the
County Recorder of San Diego County, dated July 10,2000 as
file No. 2000-362589
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibit(s) “A” dated December 3,2003, on file in the Planning
Department, THE FORUM - SDP 00-1O(A) as provided by Chapter 21.06/Section 21.53.120 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of December 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 Site Development Plan Amendment; and
WHEREAS, on December 5, 2001, the Planning Commission approved, SDP
00-10, as described and conditioned in Planning Commission Resolution No. 5080.
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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 Planning
Commission APPROVES THE FORUM - SDP 00-1O(A) based on the
following findings and subject to the following conditions:
Findinps :
1. That the common facilities provision of the Parking Ordinance (Section
21.44.050(a)(5)) allows up to a 15% reduction in required parking.
2. That the principle of common facilities is that only one parking space will be used
by a customer as they patronize several shops.
3. That the currently leased tenant types suggest that the actual peak parking demand
will be less than the worst-case predicted by the parking analysis dated August 8,
2003.
4. That Buca di Beppo, a freestanding restaurant, is open only for dinner during the
week and for lunch and dinner on the weekends and therefore reduces the parking
demand during weekday business hours.
5. That all of the parking is under one ownership and all tenants of The Forum are
subject to the same shared parking agreement.
6. That approval of a reduction in required parking for common facilities at The
Forum eliminates the need to restrict lease space based on use.
Conditions:
1. All conditions of approval imposed upon Site Development Plan, SDP 00-10, as stated
in Planning Commission Resolution No. 5080 shall apply as conditions of approval for
SDP 00-1O(A) and are incorporated by this reference, except Condition No. 22 which is
deleted.
2. Any notice of restriction regarding limitations on uses within the project shall be
removed.
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PC RES0 NO. 5513 -2-
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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 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 3rd day of December 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Segall,
White, and Whitton
NOES: None
ABSENT: Commissioner Montgomery
ABSTAIN: None
ATTEST:
Planning Director
PC RES0 NO. 5513 -3-