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HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 4570- I1 0 0 II 1 2 3 4 5 6 7 8 9 10 11 12 13 PLANNING COMMISSION RESOLUTION NO. 4570 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE USE OF THE BUILDING BY THE CITY OF CARLSBAD ON PROPERTY LOCATED 1635 FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: 1635 FARADAY AVENUE CASE NO.: CUP 99-04 WHEREAS, City of Carlsbad “Applicant”, has filed a verified applicat the City of Carlsbad regarding property owned by Faraday Business Plaza, L.L.C., “ described as Lot 106 of the Carlsbad Research Center Unit No. 5 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 12815, filed in the office of the County Recorder of San Diego County. 14 l6 WHEREAS, said verified application constitutes a request for a Conditic 15 (“the Property”); and Permit as shown on Exhibit(s) “A”-“E” dated July 7, 1999, on file in the Carlsbad : l7 I/ Department, 1635 FARADAY AVENUE - CUP 99-04, as provided by Chapter 21.4 18 19 20 WHEREAS, the Planning Commission did, on the 2nd day of June, 199 21 the 7th day of July, 1999 hold a duly noticed public hearing as prescribed by law to 22 said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all tl 24 and arguments, if any, of all persons desiring to be heard, said Commission considered a 25 relating to the Conditional Use Permit. 26 27 28 Commission of the City of Carlsbad as follows: 21.50 of the Carlsbad Municipal Code; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla~ A) That the foregoing recitations are true and correct. 0 0 1 2 3 4 5 6 7 8 B) That based on the evidence presented at the public hearing, the Commi; APPROVES 1635 FARADAY AVENUE - CUP 99-04, based or following findings and subject to the following conditions: Findings: 1. That the requested use is necessary or desirable for the development of the comn essentially in harmony with the various elements and objectives of the General E is not detrimental to existing uses specifically permitted in the zone in w’ proposed use is located, in that the City’s occupancy of the building will PI central location to the community for development services and the < operated a similar facility in the industrial area without a history of incompa 9 2. That the site for the intended use is adequate in size and shape to accommodate tk that the proposed use of the building will not require the addition of parkin’ 10 or the alteration of the building’s placement. 11 12 3. That all the yards, setbacks, walls, fences, landscaping, and other features nect 13 provided and maintained, in that no special provisions are required to m adjust the requested use to existing or permitted hture uses in the neighborhooc occupancy of the building by the City compatible with the surrounding uses. 14 15 16 17 18 19 20 4. That the street system serving the proposed use is adequate to properly handle a generated by the proposed use, in that the City’s proposed use of the site is co with the assumed land uses of the Carlsbad Research Center Specific Plan along with the General Plan, established the capacity needs of the a( roadways. 5. That this project could have a potentially significant negative cumulative traffic on the Palomar Airport Road/El Camino Real intersection. However, this pro, been conditioned to pay its fair share of the “short-term improvements,” guaranteeing implementation of a mitigation measure that reduces the potential ir a level of insignificance. 21 11 Conditions: 22 23 24 25 26 27 28 1. Staff is authorized and directed to make, or require Developer to make, all COT and modifications to the Conditional Use Permit document(s) necessary to ma internally consistent and in conformity with final action on the project. Deve shall occur substantially as shown in the approved Exhibits. Any proposed deve different from this approval, shall require an amendment to this approval. 2. The Developer shall pay their fair share for the “short-term improvements” tc Camino Real/ Palomar Airport Road intersection prior to approval of the final ma issuance of a grading permit, whichever occurs first. The amount shall be detem the methodology ultimately selected by Council, including but not limited to, an 1 in the city-wide traffic impact fee; an increased or new Zone 5 LFMP fee; the cre a fee or assessment district; or incorporation into a Mello-Roos taxing district. 1 )I PC RES0 NO. 4570 -2- 1 2 3 A * e l I NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for conve I “fees/exactions.” 4 II 5 6 7 8 9 10 11 12 13 You have 90 days fi-om date of final approval to protest imposition of these feedexac you protest them, you must follow the protest procedure set forth in Government Codc 66020(a), and file the protest and any other required information with the City Mar processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t follow that procedure will bar any subsequent legal action to attack, review, set aside, annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/( DOES NOT APPLY to water and sewer connection fees and capacity charges, nor I zoning, grading or other similar application processing or service fees in connection project; NOR DOES IT APPLY to any feedexactions of which you have previously be a NOTICE similar to this, or as to which the statute of limitations has previously c expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the 1 l4 15 Commission of the City of Carlsbad, California, held on the 7th day of July 199! following vote, to wit: 16 17 AYES: Chairperson Heineman, Commissioners Compas, L’Heurel Nielsen, Segall, Trigas, and Welshons l8 I1 NOES: 19 20 ABSENT: 21 22 23 24 CARLSBAD PLANNING COMMISSION 25 26 ATTEST: 27 28 Planning Director PC RES0 NO. 4570 -3-