HomeMy WebLinkAbout2005-08-03; Planning Commission; Resolution 59371
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PLANNING COMMISSION RESOLUTION NO. 5937
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A SCENIC CORRIDOR SPECIAL USE
PERMIT EXTENSION AND AMENDMENT 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 00-1Ox2(A)
WHEREAS, Fenton Carlsbad Research Center, LLC, a California Limited
Liability Company, “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 Scenic Corridor
Special Use Permit Extension and Amendment as shown on Exhibits “A” - “L” dated August
3,2005, on file in the Planning Department FOX MILLER PROPERTY - SUP OO-lOx2(A), as
provided by the conditions of approval of SUP 00-10x1 and by Chapter 21.40 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did on the 3rd day of August, 2005 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 Scenic Corridor Special Use Permit Extension and Amendment; and
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WHEREAS, on September 4, 2002 the Planning Commission previously
approved SUP 00-10 as described and conditioned in Planning Commission Resolution No.
5243; and
WHEREAS, on November 4. 2004 the Planning Commission previously
approved SUP 00-10x1 as described and conditioned in Planning Commission Resolution No.
5775.
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 FOX MILLER PROPERTY - SUP 00-10x2(A), based on the
following findings and subject to the following conditions:
Findinm :
1. The proposed project conforms to the intent of the Scenic Preservation Overlay in that
the project’s retaining wall design is necessary to protect the Federally threatened
population of brodiaea. The replication of the geologic strata and color of the
existing road cut would preserve the visual aesthetics of the existing geology and
mitigate the impacts of the wall. In addition the retaining wall will be contoured
and landscaped. The placement of the wall does not bias the distant scenic qualities
of the corridor.
2. The proposed project implements the goals and objectives of the General Plan in that new
development shall dedicate and improve all public right-of-way for circulation
facilities needed to serve development and makes every possible effort to preserve
sensitive flora and fauna and to protect threatened plant communities.
3. All the findings contained in Planning Commission Resolution No. 5775 dated
November 4, 2004 for SUP 00-10x1 are incorporated herein by reference and
remain in effect.
4. That a one-year extension is appropriate because of new information regarding
sensitive habitats and would allow the owner/applicant to preserve existing property
entitlements while diligently processing permits with the City of Carlsbad and the
California Department of Fish and Game.
PC RES0 NO. 5937 -2-
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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, CT 00-20x2(A), HDP 00-
1lx2(A), HMPP 05-05 and is subject to all conditions contained in Planning
Commission Resolutions No. 5935,5936,5938 and 5939 for those other approvals.
3. All the conditions contained in Planning Commission Resolution No. 5775 dated
November 4, 2004 for SUP 00-10x1 are incorporated herein by reference and
remain in effect.
4. This Special Use Permit is granted for a period of one (1) year from September 5,
2005 through September 4,2006.
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. 5937 -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 3rd day of August, 2005 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
n
DON NEU
Assistant Planning Director
PC RES0 NO. 5937 -4-