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HomeMy WebLinkAboutPUD 10-01; BRESSI RANCH LOT 12 BLDG L CONDOMINIUM CONVERSION; Admin Decision Letter-~ (_~ CITY OF • • ~ CARLSBAD • Planning Department May 19, 2010 Kenneth Satterlee 406 Ninth Av., Ste.309 San Diego, CA 92101 SUBJECT: PUD 10-01 -LOT 12 CONDO CONVERSION www.carlsbadca.gov The City has completed a review of the application for a Non-Residential Planned Development Permit for a minor subdivision of an existing building into four (4) non-residential airspare condominium units located at 2784 Gateway Road (APN 213-300-12-00). It is the Planning Director's determination that based on the attached conditions; the project is consistent with the City's Non-Residential Planned Development regulations (Chapter 21.47 of the Carlsbad Municipal Code) and with all other applicable City Ordinances and Policies. This letter, including the listed findings and conditions, constitutes approval of PUD 10-01, shown on Exhibit "A" -"B" dated May 19, 2010 on file in the Planning Department and incorporated herein by reference, subject to the approval of MS 10-02. Findings: 1. That the granting of this permit will allow the subdivision of an existing building into four (4) non-residential airspace condominium units and that the subdivision will not adversely affect and will be consistent with the Municipal Code, the General Plan, applicable specific plans, master plans, and all adopted plans of the City and other governmental agencies, in that the subdivision of the project is consistent with the Planned Industrial (Pl) General Plan Land Use designation and the Planned Industrial (P-M) Zone regulations, and is in compliance with all City policies and standards, including the requirements of the Bressi Ranch Master Plan 178 (MP 178). 2. That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the general long-term well-being of the neighborhood and community, in that the condominium subdivision of the planned industrial building will allow for four (4) separate ownerships. The existing planned industrial building is compatible with the existing planned industrial developments to the north, south, east and west, and the ability for the project to be separately owned will not affect the project's compatibility with surrounding uses. 3. That such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that the condominium subdivision meets all applicable city standards and ordinances and all public facilities and services exist. Adequate parking and access to the site have been previously approved and provided for the project. 4. That the proposed non-residential planned development meets all of the minimum development standards of the underl in zone in that the condominium subdivision meets all of the 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 PUD 10-01 -LOT 12 CON.ONVERSION May 19, 2010 Page.2 • 'development standards of the P-M zone and MP 178 and no variances from , d:eVelopment standards have been requested or required. 5; That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301 (k) (Subdivision of e·xisting commercial or industrial buildings) of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 6. Adequate public facilities necessary to serve this project will be provided as required by the City Engineer in conjunction with the approval of the parcel map (MS 10-02) required for this project. 7. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this approval letter, and hereby firids, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably· related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact cause:! by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the parcel map. 1. Approval is granted for Non-Residential Planned Development Permit, PUD 10-01 as shown on Exhibits "A"-"8" dated May 19, 2010, on file in the Planning _Department and incorporated herein by reference. Development shall occur sutstantially as shown unless otherwise noted in these conditions. 2. This approval is granted subject to the approval of MS 10-02 and is subject to all conditions contained in the City Engineer's letter for those other approvals incorporated herein by reference. 3. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City snail have the right to revoke or modify all approvals herein granted; deny or further condition issuance ef all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Non-Residential Planned Development Permit. 4. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Non-Residential Planned Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur sutstantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 5. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 6. If any conditions for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. PUD 10-01 -LOT 12 CO. CONVERSION May 19, 2010 Page 3 • 7. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Non-Residential Planned Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 8. Prior to the recordation of the parcel 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 Non-Residential Planned Development Permit 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. 9. This Non-Residential Planned Development Permit shall expire concurrently with MS 10-02. 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 fees/exactions. 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. PUD.10-01 -LOT 12 CON.ONVERSION May 19, 2010 Page4 • 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. If you have any further questions, please call Gina Ruiz in the Planning Department at (760) 602-4675. Sincerely, ~ DeCJo CHRIS DeCERBO Principal Planner CD:GR:bd c: Kelly Capitol Group Inc., 406·91h Av., Ste.309, San Diego, CA 92101 -Don Neu, Planning Director Christer Westman, Team Leader Clyde Wickham, Project Engineer Glen Van Peski, Senior Civil Engineer Mike Peterson, Development Services Manager File Copy. Data Entry