HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 4570- I1 0 0 II
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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.
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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
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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
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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.
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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.
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3. That all the yards, setbacks, walls, fences, landscaping, and other features nect
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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.
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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:
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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-
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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.”
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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
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Commission of the City of Carlsbad, California, held on the 7th day of July 199!
following vote, to wit:
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AYES: Chairperson Heineman, Commissioners Compas, L’Heurel
Nielsen, Segall, Trigas, and Welshons
l8 I1 NOES:
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ABSENT:
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24 CARLSBAD PLANNING COMMISSION
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26 ATTEST:
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Planning Director
PC RES0 NO. 4570 -3-