HomeMy WebLinkAbout2004-03-17; Planning Commission; Resolution 55651
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PLANNING COMMISSION RESOLUTION NO. 5565
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EL
CAMINO REAL SPECIAL USE PERMIT TO SUBDIVIDE 129.2
ACRES INTO 40 LOTS ON PROPERTY GENERALLY
LOCATED SOUTH OF PALOMAR AIRPORT ROAD, EAST OF
EL CAMINO REAL, NORTH OF THE FUTURE EXTENSION
OF POINSETTIA LANE AND WEST OF MELROSE DRNE IN
LOCAL FACILITIES MANAGEMENT ZONE 17.
CASE NAME: BRESSI RANCH INDUSTRIAL
CASE NO: SUP 02-03
WHEREAS, General American Life Insurance Company, “Developer/
Owner,” has filed a verified application with the City of Carlsbad regarding property described
as
Lots 1-5 of the Carlsbad Tract No 00-06 in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 14,600 filed in the office of the County
Recorder of San Diego County May 29,2003
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Special Use
Permit as shown on Exhibits “A” - “F” dated March 17, 2004, on file in the Planning
Department BRESSI RANCH INDUSTRIAL - SUP 02-03, as provided by Chapter 21.40 of
the Carlsbad Municipal Code; and
WHEREAS, the intent and purpose of the El Camino Real Corridor
Development Standards (ECRCDS) is to maintain and enhance the appearance of the El
Camino Real roadway area; and
WHEREAS, the Planning Commission did on the 17th day of March 2004 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.
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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 Commission
APPROVES BRESSI RANCH INDUSTRIAL - SUP 02-03, based on the
following findings and subject to the following conditions:
FindinPs :
1. That the subdivision of lots is consistent with the purposes of the Scenic
Preservation Overlay Zone, General Plan and Bressi Ranch Master Plan in that the
subdivision is for the intended uses per the General Plan and Bressi Ranch Master
Plan.
2. That the subdivision of the property will not adversely affect the scenic, historic or
cultural quality of the property in that the property does not have any documented
historical or cultural value and that subdivision of the property is a precursor to the
future development of the lots with industrial buildings that manifest the El Camino
Real Corridor development standards.
3. That the project complies with the height standard of the El Camino Real Corridor
since no buildings are proposed at this time.
4. That a 50-foot landscape setback has been established on the Bressi Ranch
Industrial tentative map and in the Bressi Ranch Master Plan along El Camino Real
which is greater than what is required by the El Camino Real Corridor
Development Standards.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
the Final Map.
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Special Use Permit docurnent(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 CT 02-15 and is subject to all
conditions contained in Planning Commission Resolution No. 5564 for that other
approval incorporated herein by reference.
3. This approval shall become null and void if grading permits are not issued for this
Special Use Permit within 24 months from the date of recordation of the Final Map for
CT 02-15.
PC RES0 NO. 5565 -2-
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4. Prior to the recordation of the final map, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of
the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Special Use Permit by Resolution No. 5565 on the
property. 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.
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 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. 5565 -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 17th day of March 2004 by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
I
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
c
MICHAEL J. HOEMILWR
Planning Director
PC RES0 NO. 5565 -4-